Justia Georgia Supreme Court Opinion Summaries

In 2011, the Georgia Supreme Court reversed appellant Curtis Tyner’s 1984 conviction pursuant to a guilty plea for malice murder in connection with the death of Martha Mickel. Following a trial, Tyner was again convicted of malice murder and sentenced to life in prison. On appeal, Tyner contended that the trial court erred in allowing certain statements made by Mickel to be admitted at trial under the residual hearsay exception contained in OCGA 24-8-807; that the trial court erred in allowing certain out-of-court statements of investigating officers to be admitted at trial; that the trial court erred in admitting evidence related to the robbery-by-force charge; and that the trial court erred in merging the felony murder count with the malice murder count rather than vacating the felony murder count (the felony murder counts were vacated as a matter of law). Finding the remaining challenges to be without merit, the Supreme Court affirmed Tyner's second conviction. View "McCord v. Georgia" on Justia Law

In 2011, the Georgia Supreme Court reversed appellant Curtis Tyner’s 1984 conviction pursuant to a guilty plea for malice murder in connection with the death of Martha Mickel. Following a trial, Tyner was again convicted of malice murder and sentenced to life in prison. On appeal, Tyner contended that the trial court erred in allowing certain statements made by Mickel to be admitted at trial under the residual hearsay exception contained in OCGA 24-8-807; that the trial court erred in allowing certain out-of-court statements of investigating officers to be admitted at trial; that the trial court erred in admitting evidence related to the robbery-by-force charge; and that the trial court erred in merging the felony murder count with the malice murder count rather than vacating the felony murder count (the felony murder counts were vacated as a matter of law). Finding the remaining challenges to be without merit, the Supreme Court affirmed Tyner's second conviction. View "Tyner v. Georgia" on Justia Law

This case stemmed from a dispute between homeowners James and Mary Hanham and Access Management Group L.P., the management agent for the St. Marlo Homeowner’s Association. In 2011, the Hanhams filed claims for trespass, nuisance, negligence, invasion of privacy and breach of contract against their neighbor Marie Berthe-Narchet (“Narchet”), her landscaper GreenMaster Landscaping Service, Inc., and Access Management in response to a landscaping project on Narchet’s property that resulted in flooding to the Hanhams’ property and restricted their view of the golf course. During a 2016 jury trial, Access Management moved for a directed verdict on the negligence and breach of contract claims; the trial court denied both motions. The jury subsequently found in favor of the Hanhams, and Access Management appealed to the Court of Appeals, alleging, among other things, that the trial court erred in denying its motion for a directed verdict as to the Hanhams’ breach of contract claim. The Court of Appeals agreed and reversed the jury’s judgment as to that claim. The Georgia Supreme Court granted certiorari to decide whether the Court of Appeals erred in reversing the trial court’s denial of Access Management’s motion for a directed verdict as to the Hanhams’ breach of contract claim. The Supreme Court concluded the Court of Appeals’ decision was in error, and reversed the judgment as it pertained to the breach of contract claim. The Court vacated the final division of the Court of Appeals’ opinion, and remanded the case to the Court of Appeals for further consideration. View "Hanham v. Access Management Group, L.P." on Justia Law

In the early stages of the underlying lawsuit, the trial court struck fifteen paragraphs from plaintiff's complaint pursuant to OCGA 9-11-12 (f), but the Court of Appeals reversed most of that order. The Georgia Supreme Court granted a writ of certiorari to address how a trial court should evaluate a party’s section 9-11-12 (f) motion to strike matter from a pleading on the ground that it is “scandalous.” Because the trial court in this case did not properly evaluate the defendants’ motion to strike, and because that court should have the opportunity to properly exercise its discretion regarding the motion, the Supreme Court vacated the Court of Appeals' judgment in part and remanded with direction to vacate the trial court order and remand the case to the trial court for further analysis. View "Chappius v. Ortho Sport & Spine Physicians Savannah, LLC" on Justia Law

Darius Virger and Alexis Cave were tried together for crimes related to the beating and death of Diarra Chappell, a 13-month-old child who lived with them. Virger was convicted of malice murder, Cave was convicted of felony murder, and both were convicted of other offenses. On appeal, both Virger and Cave challenged the legal sufficiency of the evidence supporting some of their convictions and contended the trial court erred by not severing their cases for trial. Virger also contended the trial court erred by failing to strike a juror for cause, by physically separating the co-defendants during their trial, and by overruling several of his evidentiary objections. Cave argued the trial court erred by allowing the admission of impermissible character evidence, by excluding expert testimony about her mental condition, and by denying her motion for a continuance. In its review of the record, the Georgia Supreme Court found no reversible error, so it affirmed the convictions in both cases. View "Virger v. Georgia" on Justia Law

Morgan County, Georgia appealed a trial court’s order dismissing Christine May’s criminal citation for violating the County’s amended zoning ordinance by renting out her house near Lake Oconee for a week. The court concluded that the zoning ordinance in effect at the time May began renting her house for short periods was unconstitutionally vague as applied, meaning that her use of the house for such rentals was “grandfathered” and not subject to the amended ordinance’s explicit prohibition of short-term rentals for fewer than 30 days. May cross-appealed, but the Georgia Supreme Court did not address her claimed errors, because it affirmed the trial court’s dismissal of her citation. View "Morgan County v. May" on Justia Law

Appellant Shuntae Battle was convicted of malice murder, aggravated assault, and first-degree cruelty to children in connection with the death of her three-year-old daughter, Jazmine Jenkins. Appellant argued on appeal of her conviction: (1) the evidence presented at her trial was insufficient to support the malice murder and cruelty to children convictions; (2) her right to due process was violated because the prosecutor’s arguments about her credibility and culpability at her trial differed from the prosecutor’s arguments at her co-indictee Juan Johnson’s prior trial; and (3) the prosecutor’s incorrect statements of the law during closing argument require reversal. Finding no merit to these contentions, the Georgia Supreme Court affirmed her convictions for malice murder and cruelty to children, but vacated her conviction for aggravated assault, because that count should have merged into the malice murder conviction. View "Battle v. Georgia" on Justia Law

Frank Miller appealed his convictions for malice murder, two counts of aggravated assault, and two counts of false imprisonment in connection with the shooting death of his daughter, Colleen Miller Grant, and an attack on Grant’s grandson, Sawyer Dockery. Miller challenged the sufficiency of the evidence to convict him of the aggravated assault of Dockery and both counts of false imprisonment. Miller also argued his conviction for the aggravated assault of Grant should have merged with his conviction for the malice murder of Grant and that the defective indictment violated his due process rights. After review, the Georgia Supreme Court concluded that the challenge to the indictment was not preserved, his conviction for the aggravated assault of Grant did not merge with the malice murder conviction, and the evidence was sufficient to support all of Miller’s convictions except the two counts of false imprisonment. As such, the Court reversed Miller’s convictions for false imprisonment, and affirmed on all other counts. View "Miller v. Georgia" on Justia Law

In April 2015, appellant Douglas Goodson was convicted of felony murder and possession of a firearm during the commission of a felony related to the 2012 shooting death of his cousin Rodney Worley. Goodson appealed, asserting that the evidence was insufficient to convict and that he received ineffective assistance of counsel. Finding no reversible error, the Georgia Supreme Court affirmed. View "Goodson v. Georgia" on Justia Law

Raemon Moore was convicted of malice murder and possession of a firearm during the commission of a felony in connection with the 2012 shooting death of Asiel Parker. On appeal, he contended his convictions should be reversed because the trial court erred in admitting into evidence video recordings without proper authentication and because his trial counsel was ineffective. Finding no reversible error, the Georgia Supreme Court affirmed. View "Moore v. Georgia" on Justia Law