Justia Georgia Supreme Court Opinion Summaries

In October 2012, a jury found Dennis Welch guilty of malice murder and other crimes in connection with the shooting death of Jamie Wright. Welch appealed, contending the trial court erred by failing to give a jury instruction on involuntary manslaughter and that the evidence was insufficient to support his conviction for malice murder. Finding no reversible error, the Georgia Supreme Court affirmed. View "Welch v. Georgia" on Justia Law

Appellant Casey Collins was convicted of malice murder and other crimes in connection with the strangling death of his 78-yearold grandfather, Edward Smith. On appeal, he argued his trial counsel provided ineffective assistance by failing to investigate and present evidence that he was sexually abused by Smith and by failing to withdraw as counsel after Appellant filed a bar complaint alleging ethical violations. The Georgia Supreme Court concluded these contentions were meritless, and affirmed. View "Collins v. Georgia" on Justia Law

Dwayne Abney appealed his convictions for multiple counts of malice murder and other crimes related to the 2015 shooting deaths of Kiana Marshall, Isaiah Martin, and Alexis Kitchens. Abney argues that the evidence was insufficient to convict him of fleeing or attempting to elude a police officer. He also argues that the trial court erred in denying his motion for a mistrial when the State elicited testimony that violated the court’s ruling on a motion in limine and in overruling his objections to improper bolstering. Finding no reversible error, the Georgia Supreme Court affirmed. View "Abney v. Georgia" on Justia Law

Freddie Lewis was convicted of malice murder, rape, and burglary in connection with the 1991 death of Evelyn Wise. Lewis argued the trial court erred: (1) by denying his motion for a directed verdict; (2) by denying his motion in limine to exclude DNA evidence based on inadequate chain of custody; (3) by failing to conduct an evidentiary hearing to determine the admissibility of DNA evidence; (4) in admitting the statements of a deceased witness; and (5) by sentencing him on the aggravated assault, burglary, and rape counts because the statutes of limitations for those counts had expired prior to trial. The Georgia Supreme Court determined the trial court committed no error, because the evidence was sufficient to support convictions on the crimes charged, and the DNA evidence, as well as the out-of-court statements by the deceased witness, were properly admitted. Finally, the statute of limitations period was tolled while Lewis’s identity was unknown, and so the trial court properly sentenced Lewis. View "Lewis v. Georgia" on Justia Law

Jerome Victoria appealed after a jury convicted him of felony murder and possession of a firearm by a convicted felon. He argued he received ineffective assistance of counsel regarding a potential plea deal offer. The Georgia Supreme Court found that although the 20-year plea deal offered by the State was less severe than the life sentence imposed after trial, and Victoria testified that he would have taken that deal, Victoria made no showing that “the prosecution would not have withdrawn it in light of intervening circumstances [and] . . . that the court would have accepted its terms.” Accordingly, the Supreme Court affirmed the conviction. View "Victoria v. Georgia" on Justia Law

Kendrick Cheeves was convicted by jury of malice murder and various other offenses in connection with the shooting death of Quinton Henderson. On appeal, Cheeves contended only that the trial court erred by failing to charge the jury on involuntary manslaughter. Finding no reversible error, the Georgia Supreme Court affirmed. View "Cheeves v. Georgia" on Justia Law

A jury found appellant Terry Joe Cain guilty of malice murder and other crimes in connection with the shooting death of Matthew Mobley and the assault of Gregory Johnson. He appealed, arguing that the trial court erred in denying his motion for directed verdict, finding that his pretrial statement to law enforcement was voluntarily given, and denying his motion for mistrial. Upon consideration, the Georgia Supreme Court concluded that Cain’s claims were meritless. However, because the trial court erred in sentencing, the case was remanded for resentencing. View "Cain v. Georgia" on Justia Law

Appellant Mark Derrico was convicted of aggressive driving, reckless conduct, and failure to signal lane change or turn in connection with a road rage incident. Derrico raised several challenges on appeal, including constitutional challenges. Finding no reversible error, the Georgia Supreme Court affirmed. View "Derrico v. Georgia" on Justia Law

In 2016, Appellant Brandon Davis pled guilty to the felony murder of Chassity Lester. Pursuant to a negotiated plea agreement, the State nolle prossed one count of malice murder (the only other charge for which Davis was indicted), and the trial court sentenced Davis to life imprisonment. Approximately two weeks later, and during the same term of court, Davis moved, through plea counsel, to withdraw his guilty plea. At a hearing on that motion, during which Davis was still represented by the same attorney who represented him during his guilty plea, Davis personally told the trial judge that he felt that his plea counsel did not have enough time to prepare for the case. Davis’s attorney also argued that Davis was “psychologically coerced” into pleading guilty. Without appointing new counsel or receiving evidence on that claim, the trial court denied Davis’s motion to withdraw his guilty plea. The Georgia Supreme Court reversed that denial and remanded the case for the trial court to hold a hearing with new counsel on Davis’s ineffectiveness claim. On remand, the trial court again denied Davis’s motion to withdraw his guilty plea. The Supreme Court dismissed as untimely Davis’s first attempt to appeal that ruling, but Davis then requested, and was granted, this out-of-time appeal. The Supreme Court found counsel’s conduct did not “fall below an objective standard of reasonableness,” and affirmed the sentence. View "Davis v. Georgia" on Justia Law

A mistrial was granted in the murder case against Monquez Jackson. The trial court found that the prosecutor’s closing argument included an improper comment on matters not in evidence. After making extensive findings that the prosecutor made that improper comment intentionally in hopes that the comment would lead to a mistrial, and thus an opportunity to retry the case, the trial court determined that double jeopardy prohibited the State from retrying Jackson. The State appealed. The Georgia Supreme Court concluded the trial court did not abuse its considerable discretion in granting the mistrial. The Supreme Court also concluded that the trial court’s factual findings supported its jeopardy ruling, and that those findings had to stand given the deference afforded to them. View "Georgia v. Jackson" on Justia Law