Justia Georgia Supreme Court Opinion Summaries

Appellant Michael Bowman was convicted of malice murder and associated offenses in connection with the shooting death of Griffin Police Officer Kevin Jordan and the aggravated assault of Officer Jordan’s brother, Raymond. At trial, Bowman pursued an insanity defense. He presented evidence of his military career, which involved combat during his three tours of active duty, and he offered extensive expert testimony concerning his resulting Post-Traumatic Stress Disorder (PTSD) and traumatic brain injury. The defense theory was that Bowman was in a dissociative state at the time of the shooting and merely responded in accordance with his military training to what he believed was a combat situation. In rebuttal, the State presented experts who testified that Bowman was not suffering from PTSD at the time of the incident and that Bowman’s actions were a result of his admitted longtime use of anabolic steroids; the trial court had its own experts examine Bowman and they agreed with the State’s experts. The Georgia Supreme Court determined Bowman’s arguments on appeal were without merit and affirmed his convictions. View "Bowman v. Georgia" on Justia Law

Adrian Golson was tried by jury and convicted of murder in connection with the 2012 fatal shooting of Arlester Jackson, Jr. Golson appealed, claiming only that he was denied the effective assistance of counsel. The Georgia Supreme Court found he failed to preserve that claim for appellate review, consequently, it affirmed his conviction. View "Golson v.Georgia" on Justia Law

Appellant Danny Blackmon, Jr. was convicted of felony murder and other crimes in connection with the shooting death of his wife Bobbie. Appellant argued on appeal the trial court abused its discretion by admitting certain hearsay statements into evidence during his trial, and that in its order denying his motion for new trial, the court improperly relied on facts that were not in evidence. The Georgia Supreme Court found no merit to either of those claims and affirmed. View "Blackmon v. Georgia" on Justia Law

The Development Authority of Cobb County passed a resolution in May 2018 to issue $35 million in revenue bonds under OCGA 36-62-2 (6)(N) to finance a retail development in east Cobb County, namely, a grocery store. The Development Authority planned to lease the facility to the Kroger Company, which would relocate a nearby grocery store to the newly constructed facility. Cobb County resident Larry Savage objected to the bonds, and the Superior Court of Cobb County denied validation of the bonds, concluding that OCGA 36-62-2 (6)(N) does not authorize the bonds and that paragraph (6)(N) was unconstitutional in any event. The Development Authority and Kroger appealed. The Georgia Supreme Court found the superior court reasoned that additional employment opportunities were not enough to show that the new grocery store was “essential” to “the development of trade, commerce, industry, and employment opportunities.” Further, the superior court said that the additional employment opportunities at the new grocery store in any event were not the sort of “employment opportunities” with which paragraph (6) (N) was concerned. The Supreme Court determined the superior court misunderstood the statute and the controlling caselaw. Furthermore, the Supreme Court determined the trial court was mistaken in thinking paragraph (6)(N) was unconstitutional. The supreme Court, therefore, reversed the superior court and remanded for further proceedings. View "Development Authority of Cobb County v. Georgia" on Justia Law

Jesse Rowland was convicted of felony murder in connection with the 2013 shooting death of Mike Whittle. On appeal, he contended the trial court erred in admitting his custodial statements, in making certain evidentiary rulings, and in charging the jury. Finding no reversible error, the Georgia Supreme Court affirmed. View "Rowland v. Georgia" on Justia Law

Jaramus Jackson was convicted of felony murder and a firearm offense in connection with the 2015 fatal shooting of Carlos Wallace. On appeal, he argued: (1) the evidence presented at his trial was insufficient to support his convictions; (2) the trial court erred by allowing the State to present evidence under OCGA 24-4- 404 (b) that Jackson had shot at someone else in 2005 and the trial court improperly instructed the jury on how to consider this evidence; (3) the trial court erred in failing to give various jury instructions and his trial counsel was ineffective in failing to ask for them; (4) the trial court erred by preventing the defense from cross examining accomplice witness Ronney Jackson about his 1997 arrest for murder, the State committed a Brady violation by failing to timely disclose the 1997 arrest, and trial counsel was ineffective in failing to question Ronney about the arrest and to object to the Brady violation; (5) trial counsel failed to convey the State’s proposed sentence recommendation if Jackson pled guilty; and (6) trial counsel was ineffective in failing to object to certain questions asked during his cross-examination. Taking each contention in turn, the Georgia Supreme Court found no reversible error. View "Jackson v. Georgia" on Justia Law

Graham Williams was indicted by grand jury of distributing heroin and felony murder predicated upon the unlawful distribution of the heroin. Both charges arose out of the overdose death of Leslie Ivey. Six months after the indictment, the trial court dismissed it, concluding the evidence presented a pretrial hearing did not show Williams was, in fact, guilty of distributing heroin. The State appealed. After review, the Georgia Supreme Court reversed and remanded this matter for trial. View "Georgia v. Williams" on Justia Law

Charmane Goins was convicted of malice murder in connection with the strangling death of Lauren Taylor. On appeal, Goins contended, among other things: (1) the evidence presented at his trial was insufficient to support his conviction; and (2) his constitutional right to a speedy trial was violated. The Georgia Supreme Court found the evidence was sufficient, but the trial court did not make the findings and conclusions regarding Goins’ speedy trial claim required for appellate review. The Supreme Court therefore vacated in part the trial court’s order denying Goins’ motion for new trial and remanded the case for the trial court to properly address the speedy trial claim. View "Goins v. Georgia" on Justia Law

Keith Dozier was convicted of malice murder, aggravated assault, and theft by taking in connection with the 2012 death of Gail Spencer. On appeal, he argued the trial court erred in sentencing him for felony theft by taking, failed to exercise its discretion when it sentenced Dozier to life without parole for the murder, erred when it recharged the jury on party to a crime, and erred in denying a motion to suppress his statement to police. The Georgia Supreme Court affirmed all of Dozier’s convictions except for his conviction of felony theft by taking, which was reversed and remanded to the trial court with direction to enter a conviction and sentence for misdemeanor theft by taking under OCGA 16-8-2. View "Dozier v. Georgia" on Justia Law

Appellant Johnny Rigsby was convicted of malice murder and other crimes in connection with the 2010 shooting death of his girlfriend Betty Smith. Appellant argued on appeal that the trial court erred by failing to suppress his post-arrest statement to an investigator, that the jury instructions and verdict form regarding the lesser offense of voluntary manslaughter were improper, and that his trial counsel provided ineffective assistance by failing to timely object to the verdict form. Finding no reversible error, the Georgia Supreme Court affirmed. View "Rigsby v. Georgia" on Justia Law