Justia Georgia Supreme Court Opinion Summaries

In March 2011, Appellees Elaine Gold, Amy Shaye, Heather Hunter, and Roderick Benson sued Appellants, the DeKalb County School District (“the District”) and the DeKalb County Board of Education (“the Board”) for, inter alia, breaching an agreement to provide two-years advance notice prior to suspending contributions to their DeKalb County Tax-Sheltered Annuity Plan (“TSA Plan”) accounts. Finding that Appellees failed to establish the existence of an enforceable contract, the trial court granted summary judgment in favor of Appellants, and Appellees appealed to the Court of Appeals. The Court of Appeals reversed the grant of summary judgment on the issue of liability, vacated the remainder of the court’s order and remanded the case with direction. The Georgia Supreme Court agreed with the outcome of the appellate court’s decision: summary judgment was granted in error, and denying Appellee’s summary judgment on the issue of liability for breach of contract was made in error too. The Court determined that based upon the language of the Board’s own bylaws, the TSA Plan’s provision providing for the termination or suspension of the plan “at any time” could not amend the two-year notice provision embodied in the bylaws by way of a 1982 Amendment. View "Dekalb County School District v. Gold" on Justia Law

In Langley v. MP Spring Lake, LLC, 813 SE2d 441 (2018), the Court of Appeals affirmed the trial court’s grant of summary judgment in favor of MP Spring Lake (“Spring Lake”) on two premises-liability tort claims brought by Pamela Langley. While a lawful tenant of Spring Lake Apartments in Morrow, Georgia, Langley fell in a common area of the complex when her foot got caught and slid on a crumbling portion of curb. She later made claims of negligence and negligence per se due to Spring Lake’s alleged failure to repair the curb despite being aware of its disrepair. Spring Lake asserted, as one of its defenses, that Langley’s claims were barred by a contractual limitation period contained within her lease. Spring Lake then moved for summary judgment on this basis, arguing that, because Langley’s lease contained a one-year limitation period for legal actions and she filed her complaint two years after the injury occurred, her claim was time-barred. Langley petitioned for certiorari, raising: (1) Does the “Limitations on Actions” provision of Langley’s lease contract apply to her premises-liability tort action against MP Spring Lake, LLC?; and (2) If so, is that provision enforceable? The Georgia Supreme Court concluded the provision was not applicable to Langley’s premises-liability tort action against Spring Lake. It therefore reversed the judgment of the Court of Appeal s and remanded for further proceedings. View "Langley v. MP Spring Lake, LLC" on Justia Law

James Johnson, Jr. appealed his convictions for malice murder and armed robbery stemming from the 1995 shooting death of Tony Rogers. Johnson argued on appeal that the evidence presented against him at trial was insufficient to support his conviction because, though he was seen with Rogers prior to his death, there was no physical evidence he killed Rogers. Further, Johnson argued the evidence was insufficient to sustain the robbery conviction because it failed to show Johnson took Rogers’ property by force. Finding the evidence sufficient as to both grounds, the Georgia Supreme Court affirmed. View "Johnson v. Georgia" on Justia Law

Corduray Scott appealed after he was convicted of felony murder and second-degree cruelty to children in connection with the death of his three-month-old son. Scott challenged the sufficiency of the evidence supporting his convictions, and also argued the trial court erred in admitting certain statements he gave during a custodial interview, because although he was read his Miranda rights, he was not reminded of them during a second interview. Finding no reversible error, the Georgia Supreme Court affirmed Scott’s convictions. View "Scott v. Georgia" on Justia Law

Johnny Colquitt pled guilty in 1993 to malice murder, armed robbery, and kidnapping with bodily injury in connection with the shooting death of Shelton Chappell. Colquitt received three life sentences for these crimes, with the sentences for malice murder and kidnapping to run concurrently with each other, and the sentence for armed robbery to run consecutively to the other counts. Twenty-five years later, Colquitt moved “in equity to void plea agreement and in arrest of judgment.” The trial court dismissed this for lack of jurisdiction. Acting pro se, Colquitt appealed. In his argument to the Georgia Supreme Court, he did not address the trial court’s grounds for dismissal. Instead, Colquitt reiterated his contention his conviction should have been vacated, and that his plea was not made voluntarily. Finding no merit to these contentions, the Supreme Court affirmed dismissal. View "Colquitt v. Georgia" on Justia Law

Appellant LaQuan Brown appeals her convictions for the murder of Ivory Carter, the armed robbery and aggravated assault of George Jackson, and the attempted murder and attempted armed robbery of Frederick Knight. Appellant contended: (1) the evidence was insufficient to support her convictions; (2) the trial court erred in its rulings on a number of evidentiary matters; and (3) trial counsel was constitutionally ineffective in eight different ways. Finding no reversible error, the Georgia Supreme Court affirmed the trial court and Appellant’s convictions. View "Brown v. Georgia" on Justia Law

Rodney Smith and Javon Jackson appealed the denial of their motions for new trial after a jury found them guilty of malice murder and other crimes in connection with the shooting death of Stephanie Smith and the shooting of Rasheeda Bostic. Both Smith and Jackson claimed: (1) the State presented insufficient evidence to support the jury’s verdicts; (2) the trial court erred in admitting recordings of two witnesses’ prior statements; and (3) their trial attorneys provided ineffective assistance. Finding no reversible error, the Georgia Supreme Court affirmed. View "Smith v. Georgia" on Justia Law

Appellant Bahir Ramiz Howard was convicted of murder and related crimes for the 2010 shooting death of Jerode Paige. He appealed, arguing the trial court erred in several jury instructions, and violated his constitutional right to be present during his trial. Finding no reversible error, the Georgia Supreme Court affirmed. View "Howard v. Georgia" on Justia Law

Appellant Maurice Bentley was convicted of malice murder and other crimes in connection with a shooting that killed Michael Polite and injured Angela Johnson. Appellant contended on appeal that his trial counsel provided ineffective assistance by failing to object to an autopsy photograph, failing to stipulate to Appellant’s prior convictions for rape and incest, and mentioning in front of the jury an earlier trial in this case. The Georgia Supreme Court determined none of these claims had merit, so it affirmed. View "Bentley v. Georgia" on Justia Law

Appellant Urihaan Velasco was convicted of malice murder in connection with the beating death of Quang Popham. Appellant contended: (1) the evidence presented at his trial was legally insufficient to support his conviction; (2) the State failed to prove venue; and (3) his trial counsel provided ineffective assistance by failing to file a pretrial motion for immunity and by failing to request a jury instruction on voluntary manslaughter. Finding no merit in these contentions, the Georgia Supreme Court affirmed. View "Velasco v. Georgia" on Justia Law