Justia Georgia Supreme Court Opinion Summaries

In 2016, Priscilla Savoy, individually and as executor of her mother’s estate, filed suit against her sisters Eleanor Bowen and Margaret Innocenti (collectively “defendants”) contending that they colluded to appropriate funds from their mother’s estate for their own use. The defendants were served with the summons and complaint on June 20 and 22, 2016. On July 20, 2016, the defendants filed in the trial court a motion to dismiss the complaint for lack of personal jurisdiction, which was supported by a sworn affidavit executed by Bowen denying the factual allegations raised in the complaint. When the defendants did not answer the complaint within 30 days of service, as required by OCGA § 9-11-12 (a), the case “automatically [became] in default,” OCGA 9-11-55 (a). The Georgia Supreme Court granted certiorari in this case to address the following question: To show a proper case for opening default under OCGA 9-11-55 (b), must the defendant provide a reasonable explanation for the failure to file a timely answer? The Court answered that question in the negative and reversed the judgment of the Court of Appeals which held to the contrary. The matter was remanded for further proceedings. View "Bowen v. Savoy" on Justia Law

“Under longstanding Georgia law,” when a client sues his former attorney for legal malpractice, the client impliedly waives the attorney-client privilege with respect to the underlying matter or matters to the extent necessary for the attorney to defend against the legal malpractice claim. The issue this case presented for the Georgia Supreme Court’s review was whether the implied waiver extended to the client’s communications with other attorneys who represented the client with respect to the same underlying matter, but whom the client chose not to sue. The trial court held that the waiver did not extend to such other counsel and therefore denied a motion for a protective order in this legal malpractice case. The Court of Appeals reversed. The issue presented was a matter of first impression for the Supreme Court, which held that when a client sues his former attorney for legal malpractice, the implied waiver of the attorney-client privilege extends to the client’s communications who represented the client with respect to the same underlying transaction or litigation. View "Hill, Kertscher & Wharton, LLP v. Moody et al." on Justia Law

Sylvester Richardson was convicted by jury of murder and other crimes relating to the fatal shooting of Christopher Wilson. He appealed, claiming that the trial court erred when it denied a motion for a mistrial and when it admitted evidence that he was involved in a gang. Richardson also contended he received ineffective assistance of counsel. Upon review of the record and briefs, the Georgia Supreme Court found no error and affirmed. View "Richardson v. Georgia" on Justia Law

LaParrish London was convicted by jury of the malice murder of Eric Terrell. On appeal, he argued: (1) the evidence was insufficient to support his conviction; (2) the trial court erred in denying his motion for new trial; (3) the trial court erred in admitting hearsay; and (4) his trial counsel was ineffective. Upon review, the Georgia Supreme Court found no reversible error and affirmed London’s conviction. View "London v. Georgia" on Justia Law

Antonio Taylor was convicted by jury of murder and other crimes in connection with the stabbing death of Araminta Elly. On appeal, he argued the trial court erred when it admitted certain hearsay testimony and when it denied his motion for a mistrial based on the prosecution’s alleged use of his pre-arrest silence. Finding no reversible error, the Georgia Supreme Court affirmed. View "Taylor v. Georgia" on Justia Law

Otheron Walker was convicted by jury of malice murder in connection with the beating death of his ten-month-old daughter, Daijah White. On appeal, Walker contended the evidence was insufficient, that the jury was improperly charged, and that trial counsel was ineffective. Finding no reversible error, the Georgia Supreme Court affirmed. View "Walker v. Georgia" on Justia Law

Michael Naples was tried by jury and convicted of murder and other crimes in connection with the death of 17-month-old Kaylee Johnson. Investigation revealed the child died from inoperable brain swelling from either having her head slammed against a hard object or having been thrown down a flight of stairs. Naples appealed, contending that the trial court erred when it admitted “other acts” evidence under OCGA 24-4-404 (b) (“Rule 404 (b)”) and that he was denied the effective assistance of counsel. Finding no reversible error, the Georgia Supreme Court affirmed. View "Naples v. Georgia" on Justia Law

Antiwan Lane was convicted by jury of malice murder and other charges for procuring the murder of Ivan Perez. The trial court granted Lane a new trial based on a host of grounds, including evidentiary errors and ineffective assistance of counsel. The State appealed, arguing that none of the claimed errors by counsel or the trial court resulted in sufficient prejudice or harm to require reversal. Given the large number of errors at issue, the Georgia Supreme Court first reconsidered and overruled its prior precedent that precluded full consideration of the cumulative effect of multiple errors at trial. The Court then concluded counsel was ineffective in at least two respects and the trial court made at least one key evidentiary error in overruling a defense objection. Lastly, given the combined prejudicial effect of multiple errors by counsel and the trial court, the Court affirmed the grant of a new trial. View "Georgia v. Lane" on Justia Law

Daniel Thomas was convicted by jury for malice murder in connection with the shooting death of Elliott Mizell. Thomas argued on appeal that the evidence was insufficient to support his conviction; that the trial court erred by admitting an involuntary custodial statement; and that trial counsel was ineffective in two ways. The Georgia Supreme Court affirmed, finding the evidence was sufficient to support Thomas’s convictions; the custodial statement was not involuntary; and Thomas failed to show that his trial counsel was deficient as to one ineffective assistance of counsel claim, and failed to show prejudice as to the other. View "Thomas v. Georgia" on Justia Law

Tony Mitchell was convicted by jury of malice murder and other crimes in connection with the death of Randy Lewis. On appeal, Mitchell contended his trial counsel rendered ineffective assistance because she failed to competently execute her chosen strategy of discrediting the jailhouse informant who testified that Mitchell had confessed to having killed Lewis. Finding no reversible error, the Georgia Supreme Court affirmed. View "Mitchell v. Georgia" on Justia Law