Justia Georgia Supreme Court Opinion Summaries

In its second appearance before the Georgia Supreme Court, the dispute between appellee Lowndes County Board of Tax Assessors (“the Board”) and eight partnerships which built and operated affordable housing apartment complexes (“Section 42 properties”) in Lowndes County (collectively, “Appellants”), with the help of federal and state Low Income Housing Tax Credits (“LIHTCs” or “Section 42 Tax Credits”), in connection with which they executed Land Use Restrictive Covenants. The dispute this time turned on the valuation of those tax credits when calculating ad valorem real property taxes. The Supreme Court determined the trial court had subject matter jurisdiction to decide this case, and that LIHTCs did not constitute “actual income” for purposes of OCGA 48-5-2 (3) (B) (vii) (II). Moreover, OCGA 48-5-2 (3) (B) (vii) (I) and (II) did not run afoul of the Georgia Constitution’s taxation uniformity provision. Accordingly, the Court reversed the judgment of the trial court. View "Heron Lake II Apartments, LP v. Lowndes County Board of Tax" on Justia Law

Appellant Polo Golf and Country Club Homeowners Association, Inc. (“PGHOA”) filed a complaint for declaratory and injunctive relief against appellees John Cunard, Director of Forsyth County, Georgia's Department of Engineering, and Benny Dempsey, Stormwater Division Manager of Forsyth County’s Department of Engineering (the “stormwater executives”), in their individual capacities to determine their constitutional authority to prospectively enforce an addendum to Forsyth County’s stormwater ordinance. In January 2014, Forsyth County enacted a new version of Section 4.2.2 of the Georgia Stormwater Management Design Manual. PGHOA argued the 2014 version of Section 4.2.2 was unconstitutional because: (1) it impaired PGHOA’s contractual obligations with homeowners inasmuch as the 2014 version of Section 4.2.2 made PGHOA responsible for the maintenance of all stormwater mechanisms within the subdivision; and (2) it was retrospective in nature. According to PGHOA’s complaint, the 2014 version of Section 4.2.2 precluded it from enforcing the Declaration of Covenants, Restrictions and Easements (the “Declaration”), which required individual homeowners of the Polo Fields to maintain such drainage and stormwater mechanisms. The trial court rejected these constitutional challenges to the 2014 version of Section 4.2.2. Because it determined that the 2014 version of 4.2.2 was constitutional, the trial court concluded the stormwater executives were immune from suit based on the doctrine of sovereign immunity and granted the stormwater executives’ motion for judgment on the pleadings. The trial court granted the executives' motion, denying the motions for summary judgment as moot. The Georgia Supreme Court determined the trial court erred when it did not make a ruling on whether sovereign immunity applied before it considered more substantive matters. Likewise, the trial court erred in its finding that sovereign immunity barred PGHOA's suit. Therefore, that portion of the trial court's judgment dismissing the case on sovereign immunity grounds was reversed. The Court affirmed the trial court's grant of the motion for judgment on the pleadings based on the constitutional issues concerning PGHOA's contract rights. The trial court did not address PGHOA's various other claims, including trespass and involuntary servitude. The case was remanded for the trial court to address those claims in order to fully resolve the stormwater executives' motion for judgment on the pleadings. View "Polo Golf & Country Homeowners Association, Inc. v. Cunard" on Justia Law

A grand jury indicted Javis Denson and his brother, Myron Mitchell, Jr., individually and as parties to a crime, for the felony murder (predicated on aggravated assault) of Mickey Albritton; two counts of aggravated assault, one of Albritton and the other of Earl Dasher; and three counts of possession of a firearm during commission of a felony. A jury would later find Denson and Mitchell guilty of all counts, for which Denson was sentenced to life imprisonment plus concurrent sentences. Denson moved for a new trial, arguing (among other things) that “[t]he verdict [wa]s contrary to the evidence” and “the principles of justice and equity” and that it was “decided strongly against the weight of the evidence.” After holding a hearing and considering the parties’ legal briefs, the trial court granted Denson’s motion for a new trial under OCGA sections 5-5-20 and 5-5-21. The State then appealed. Having reviewed the entire record, and considering that the trial court was authorized, as the thirteenth juror, to credit Denson’s version of events and discount versions offered by other witnesses, and bearing in mind the standard of review set forth in OCGA 5- 5-50, the Georgia Supreme Court could not say the trial court abused its "substantial discretion" in granting Denson a new trial on the general grounds. Therefore, it affirmed the trial court's judgment. View "Georgia v. Denson" on Justia Law

Appellant Geno West appeals his convictions for felony murder and other crimes in connection with the 2008 shooting death of Marcus Simpson. On appeal, he argued the evidence presented at trial was insufficient to support his conviction, the trial court violated his right to full and fair appellate review by failing to follow the proper procedure for supplementing the record, and that his trial counsel rendered constitutionally ineffective assistance. Finding no such errors, the Georgia Supreme Court affirmed West's convictions. View "West v. Georgia" on Justia Law

Jameshia Reid appealed the denial of her motion for new trial after a jury found her guilty of malice murder, felony murder, and cruelty to children in the first degree in connection with the death of her three-year-old son, Jakarie Reid. On appeal, she argued the evidence against her was insufficient to support the jury’s verdicts; the trial court erred by admitting a recording of an interview Reid gave to a DFCS investigator at the detective bureau; and that the trial court erred by admitting a jail recording of a telephone conversation between Reid and her mother in which they discussed Reid’s trial strategy. Finding no reversible error, the Georgia Supreme Court affirmed. View "Reid v. Georgia" on Justia Law

Appellant Abijah Richards was convicted of malice murder and associated offenses arising out of the shooting death of Leevon Daniels. On appeal, Appellant’s sole issue was that trial counsel was ineffective by failing to object to hearsay testimony from an investigator and by failing to object to emotional character testimony concerning the victim. After review of the trial court record, the Georgia Supreme Court found no reversible error and affirmed conviction. View "Richards v. Georgia" on Justia Law

Appellant Talib Smith was convicted of murder, criminal street gang activity, and other crimes in connection with the 2013 shooting death of Khaseim Walton. On appeal, Smith argued the evidence was insufficient to support his convictions, and the trial court erred in instructing the jury. Finding no reversible error, the Georgia Supreme Court affirmed. View "Smith v. Georgia" on Justia Law

Michael Davis was convicted by jury of felony murder and other crimes arising out of a home invasion and the shooting death of Nicolas Jackson II. On appeal, Davis argued the trial court erred in striking a prospective juror over his objection. Specifically, he contended the trial court improperly questioned the juror regarding a topic not covered in OCGA 15-12-164 (a). He also contended the trial court improperly excused the juror for cause based on the State’s argument that she could not be fair and impartial. The Georgia Supreme Court found the juror in question was excused on hardship grounds, not impartiality. Therefore, no error in her excusal was found, and the Supreme Court affirmed Davis’ convictions. View "Davis v. Georgia" on Justia Law

Glenn Riggs, II was convicted of murder and armed robbery in connection with the 2013 strangulation and beating death of Dr. Charles Mann, III. He appealed, arguing the trial court erred in refusing to allow him to answer a question on re-direct examination. In the alternative, he argued he received ineffective assistance of counsel due to failure to preserve that error for appeal. Finding no reversible error, the Georgia Supreme Court affirmed. View "Riggs v. Georgia" on Justia Law

Appellant Deondra Martin was convicted of felony murder and possession of a knife during the commission of a felony in connection with the stabbing death of her husband, Christopher Washington. On appeal, Martin challenged the sufficiency of the evidence supporting her convictions. Further, she argued the trial court erred by excluding evidence of Washington’s drug use, and that trial counsel was constitutionally ineffective. Finding no reversible error, the Georgia Supreme Court affirmed. View "Martin v. Georgia" on Justia Law