Justia Georgia Supreme Court Opinion Summaries

Appellant Bennie Bell appealed his convictions for crimes related to the 2009 death of Henry Stokes and the aggravated assault of Tony Collier. Bell contended the trial court erred when it denied his motion for a directed verdict, and that the admission of certain evidence was improper. Finding no reversible error, the Georgia Supreme Court affirmed his convictions. View "Bell v. Georgia" on Justia Law

Michael Parks, a previously convicted felon, was found guilty by jury of malice murder, aggravated assault, cruelty to children, and various other offenses in connection with the shooting death of Lewis Anderson and pointing a gun at Tori Anderson while in the presence of a child. On appeal, Parks argued the evidence presented at trial was insufficient to support his conviction for malice murder, and that the trial court erred in sentencing him to imprisonment for life without the possibility of parole. Finding no reversible error, the Georgia Supreme Court affirmed Parks’ conviction. View "Parks v. Georgia" on Justia Law

Carzell Moore appealed the trial court’s denial of his motion to set aside the court’s September 2017 order denying his motion for an out-of-time appeal, contending that the court did not give him notice of the September 2017 order. The State conceded the trial court did not properly evaluate Moore’s motion to set aside. The Georgia Supreme Court agreed and vacated the trial court’s order and remanded the case for findings about whether Moore was given proper notice of the September 2017 order. View "Moore v. Georgia" on Justia Law

Clifton Outler was tried by jury and convicted of murder, aggravated assault, armed robbery, and three counts of possession of a firearm during the commission of a felony, all in connection with the fatal shooting of Anthony Holmes. Outler appealed, contending: (1) the State failed to present sufficient evidence to sustain his convictions; (2) the trial court erred when it allowed a prosecuting attorney to question a witness in the presence of the jury after the witness invoked his constitutional privilege against self-incrimination; and (3) he was denied the effective assistance of counsel. Upon review of the record and the briefs, the Georgia Supreme Court found no merit in these claims of error, but the Court noted the aggravated assault should have merged with the murder and that Outler should have been convicted on only one count of possession of a firearm during the commission of a felony. Accordingly, the Court vacated the convictions for aggravated assault and two counts of possession of a firearm during the commission of a felony, but otherwise affirmed. View "Outler v. Georgia" on Justia Law

Patrick Luckie petitioned for habeas relief from his 2005 convictions for unlawfully possessing heroin with intent to distribute and for abandoning a controlled substance in a public place. The judge at Luckie’s criminal trial denied his motion to preclude the State from asking defense witness Gerald Hurst about Hurst’s pending charge of unlawfully possessing heroin with intent to distribute. Luckie had new counsel on appeal, who argued that the trial court abused its discretion in allowing the cross-examination, because Hurst’s heroin charge did not show any relationship between Hurst and Luckie that might provide a motive for Hurst to shade his testimony in Luckie’s favor. The Court of Appeals affirmed, holding that Luckie failed to preserve this argument for appellate review by not objecting on this ground at trial. Luckie later filed a habeas petition, alleging among other things that his appellate counsel was constitutionally ineffective in failing to claim on appeal that his trial counsel were constitutionally ineffective in not objecting on this ground at trial. The Georgia Supreme Court concluded Luckie failed to show the prejudice necessary to prevail on this claim of ineffective assistance of appellate counsel. Accordingly, the Supreme Court affirmed the habeas court’s judgment denying relief. View "Luckie v. Berry" on Justia Law

Briones Wofford was tried by jury and convicted of murder and other crimes in connection with the fatal shooting of Jimmie Sellers and the wounding of Mardell Blackburn. Wofford appealed, contending he was denied the effective assistance of counsel. Upon review of the record and briefs, the Georgia Supreme Court found no merit in this claim. Nevertheless, the Court found that the trial court erred when it failed to merge an aggravated assault and an aggravated battery, both of which were based on the infliction of a single gunshot wound upon Blackburn. Therefore, the Supreme Court vacated the conviction and sentence for aggravated assault, but otherwise affirmed. View "Wofford v. Georgia" on Justia Law

Norman Koonce, Jr. was convicted of malice murder, armed robbery, aggravated battery, two counts of possession of a firearm in commission of a felony, and possession of a firearm by a first offender probationer in connection with the 2014 killing of Quahfee Murphy and the wounding of Allen Moore III. He was sentenced to life in prison plus 30 years. His amended motion for new trial was denied, and he appealed, asserting ineffective assistance of counsel. Finding no error, the Georgia Supreme Court affirmed. View "Koonce v. Georgia" on Justia Law

Johnie Oliver appealed his convictions for malice murder and aggravated assault in connection with the 2014 shooting death of Rayonte Weems. Oliver argued he invoked his right to self-representation and that the trial court erred by failing to hold a hearing pursuant to Faretta v. California, 422 U. S. 806 (1975). The Georgia Supreme Court affirmed because it found Oliver never unequivocally asserted his right to self-representation. View "Oliver v. Georgia" on Justia Law

Appellant Jonathan Hart was convicted of felony murder predicated on aggravated assault and possession of a firearm during the commission of a felony in connection with the shooting death of his wife, Stephanie. On appeal, Hart argued the State failed to prove beyond a reasonable doubt that his actions were not legally excused because the shooting was accidental. In affirming the trial court’s judgment, the Georgia Supreme Court found evidence was presented that: Appellant was upset about the impending divorce; was angry with Stephanie for having an affair with his brother; had been violent with Stephanie on previous occasions; had pointed a gun at her head before; admitted to his mother that he had done something bad by shooting Stephanie; and fled the jurisdiction after the shooting occurred. Accordingly, there was ample evidence presented to authorize a rational jury to reject Appellant’s accident defense. View "Hart v. Georgia" on Justia Law

Christopher Lee Coley was convicted of malice murder in the 2006 shooting death of John Adams. On appeal, Coley argued: (1) the evidence was insufficient to support his conviction; (2) the trial court erred in denying his motion for a mistrial, in charging the jury on party to a crime, and in allowing the alternate juror to sit in the jury room during deliberations; and (3) that his trial counsel was ineffective. Finding no error, the Georgia Supreme Court affirmed. View "Coley v. Georgia" on Justia Law