Justia Georgia Supreme Court Opinion Summaries

De’Andre Holmes appealed the denial of his motion for new trial after a jury found him guilty of malice murder and other offenses in connection with the death of Cory Joseph. On appeal, Holmes argued the evidence presented against him was insufficient because the State failed to prove that venue was proper in Richmond County, Georgia. Furthermore, he argued the trial court failed to exercise its discretion to act as the “thirteenth juror” in ruling upon Holmes’ motion for new trial and instead inappropriately applied a sufficiency-of-evidence standard to Holmes’ statutory challenge on the general grounds. After review of the trial court record, the Georgia Supreme Court concluded the State presented sufficient evidence to support Holmes’ convictions. However, because the record showed that the trial court applied only a sufficiency-of-evidence standard in considering Holmes’ motion for new trial on the general grounds, the Supreme Court vacated in part the trial court’s order denying his motion for new trial and remanded the case so that the trial court may exercise its discretion as the “thirteenth juror” and, in so doing, reweigh the evidence presented at trial. The Court did not reach Holmes’ additional enumeration of error regarding the sufficiency of the evidence presented by the State regarding venue. View "Holmes v. Georgia" on Justia Law

Vas Coleman was arrested at his home in Huntsville, Alabama on charges related to the 2015 death of Jose Greer in Fulton County, Georgia. Although Coleman was sixteen years old at the time of his arrest, the Fulton County Superior Court had exclusive jurisdiction over his case pursuant to OCGA 15-11-560 (b) (1) because he was accused of murder. After his arrest, Coleman was held at the Fulton County Youth Detention Center until he was granted a bond on March 24, 2016, and subsequently released. On April 8, 2016, Coleman was indicted by a Fulton County grand jury, along with four co-defendants, for felony murder and burglary in relation to Greer’s death. Almost two years later, on March 20, 2018, Coleman and his co-defendants were re-indicted on the same charges. After the State nolle prossed the April 2016 indictment, Coleman filed a motion to transfer his case to juvenile court, arguing that, because the March 2018 indictment was returned outside the 180-day time limit set by OCGA 17-7-50.1, the Superior Court no longer had jurisdiction. Relying on the Court of Appeals’ decisions in Edwards v. Georgia, 748 SE2d 501 (2013) and Georgia v. Armendariz, 729 SE2d 538 (2012), the trial court granted Coleman’s motion to transfer. The State appealed, arguing that the trial court granted the motion in error. “Reading the statute in its most natural and reasonable way,” the Georgia Supreme Court concluded the 180-day time limitation in OCGA 17-7-50.1 did not apply to a juvenile who was released and remained on bond prior to the running of 180 days. The Court overruled Edwards, and further concluded the trial court erred in transferring Coleman’s case to the juvenile court. View "Georgia v. Coleman" on Justia Law

Appellant David Frank Moore was convicted of felony murder and related offenses in connection with the shooting of Delray Crittenden, Nyriek Williams, and Aaron Byfield; Crittenden died as a result of the shooting. On appeal, Appellant argued the evidence was insufficient to support the jury’s verdicts, that the trial court erred in several respects, and that trial counsel rendered constitutionally ineffective assistance. Finding the evidence sufficient to sustain his convictions and no reversible errors, the Georgia Supreme Court affirmed Moore’s convictions. View "Moore v. Georgia" on Justia Law

Appellant Curtis McCammon was convicted of malice murder, attempted armed robbery, and a gun crime in connection with the shooting death of Nigel James. On appeal, he argued the evidence presented at his trial was insufficient to support his convictions, and that the trial court erred by denying his motion to exclude testimony about his purchase and use of marijuana and by admitting an exhibit that was not properly authenticated. Finding no reversible error, the Georgia Supreme Court affirmed. View "McCammon v. Georgia" on Justia Law

Quindarius Keshun Morton was convicted by jury of murder and related offenses in connection with the shooting death of Reginald Bien-Amin. Morton appealed, arguing the evidence was insufficient to support his convictions, the trial court erred in failing to charge the jury on voluntary manslaughter and erred in admitting certain expert testimony, and that he was denied effective assistance of counsel. Finding no error, the Georgia Supreme Court affirmed. View "Morton v. Georgia" on Justia Law

William Moore, Jr. and Todd Jones, Jr. were tried by jury and convicted of murder, armed robbery, aggravated assault, and the unlawful possession of a firearm during the commission of a crime, all in connection with the fatal stabbing and beating of Kevin Harmon. Moore and Jones appealed, contending the State presented insufficient evidence to sustain their convictions. In addition, Moore argued he was improperly sentenced, and Jones claimed the trial court improperly admitted two knives into evidence. Upon review of the record and briefs, the Georgia Supreme Court found no merit in either appellant’s claims of error and affirmed their respective convictions. View "Moore v.Georgia" on Justia Law

Justin Graves was tried by jury and convicted of murder, aggravated assault, and the unlawful possession of a firearm during the commission of a felony, all in connection with the robbery and fatal shooting of Michael Bemus. Graves appealed, contending the State presented insufficient evidence to sustain his convictions. Graves also claimed he was denied the effective assistance of counsel at trial. Upon review of the record and briefs, the Georgia Supreme Court found no merit in these claims of error, and affirmed. View "Graves v. Georgia" on Justia Law

Brent Shubert appealed his convictions for malice murder and concealing the death of another in connection with the 2013 death of Bonny Cooner. Shubert argued on appeal that the grand jury that indicted him was not a fair cross-section of the community in violation of the Sixth Amendment. After review, the Georgia Supreme Court concluded Shubert has failed to carry his burden to succeed on such a claim: he presented insufficient evidence to determine the racial composition of the grand jury master list. The Supreme Court found racial identification was supplied for only 29 percent of those people on the list. Although Shubert presented analysis of the data had, “it is simply not possible to prove a disparity between the racial composition of the master jury list and that of the population of Franklin County when the race of 71 percent of those on the list has not been identified.” View "Shubert v. Georgia" on Justia Law

David Jackson was convicted by jury of malice murder, aggravated assault, and various other offenses in connection with the stabbing death of John Thomas. On appeal, Jackson argued: the trial court committed plain error by giving an incorrect jury instruction on self-defense; the trial court erred in its re-charge to the jury on voluntary manslaughter; and his trial counsel was ineffective. Finding no reversible error, the Georgia Supreme Court affirmed. View "Jackson v. Georgia" on Justia Law

Appellant Lawrence Chapman was convicted of malice murder, aggravated battery, and other crimes in connection with the June 25, 2015 shooting of Rosalyn Chapman and Odetta Hampton. He argued his convictions should have been reversed because the trial court plainly erred in providing an incomplete instruction on how the jury was to consider evidence of his good character. Finding no reversible error, the Georgia Supreme Court affirmed. View "Chapman v. Georgia" on Justia Law