Justia Georgia Supreme Court Opinion Summaries

Kenyatta Mitchell was convicted of the malice murder of Carey Von Moss, the aggravated assault of Marcell Greene, and two counts of possession of a firearm during the commission of these felonies. The shootings occurred on September 5, 2016. A Chatham County grand jury indicted Mitchell on November 30, 2016. After a jury trial in April 2021, Mitchell was found guilty on all counts and sentenced to life in prison for malice murder, with additional consecutive sentences for the firearm possession and aggravated assault charges. The felony murder count was vacated by operation of law. Mitchell filed a motion for a new trial, which was denied by the trial court.Mitchell appealed, arguing that the trial court erred in several respects: admitting a surveillance video and still images that he claimed were not properly authenticated, allowing a witness to identify him in the video and screenshot, denying his motion to suppress Greene’s identification of him, and denying a motion for mistrial after hearsay was not redacted from a recorded witness interview. He also argued that the cumulative effect of these errors warranted a new trial.The Supreme Court of Georgia reviewed the case and found that the surveillance video and screenshots were properly authenticated. The court ruled that the witness's identification of Mitchell in the video and screenshot was permissible due to the witness's familiarity with Mitchell and the poor quality of the images. The court also found no substantial likelihood of irreparable misidentification in Greene’s identification of Mitchell. Additionally, the court held that the trial court did not abuse its discretion in denying the motion for a mistrial, as a curative instruction was sufficient to address the hearsay issue. Since no errors were found, there were no cumulative errors to consider. The Supreme Court of Georgia affirmed Mitchell’s convictions. View "MITCHELL v. THE STATE" on Justia Law

Jerry Chambers was convicted of three counts of felony murder and reckless driving following a high-speed chase in Savannah that resulted in the deaths of a pedestrian, Scott Waldrup, and two passengers in Chambers' vehicle, Spencer Stuckey and Gabriel Magulias. The incident occurred on July 5, 2017, and Chambers was indicted by a Chatham County grand jury on multiple charges, including felony murder and fleeing or attempting to elude a police officer. Chambers was reindicted in 2018 with additional charges, but his case was severed for trial. In 2020, a jury found him guilty of all counts except for aggravated assault and street gang charges. He was sentenced to three concurrent life sentences for felony murder and 12 months for reckless driving.Chambers appealed his felony murder convictions, arguing that the evidence was insufficient to prove that the officer who signaled him to stop was "in uniform prominently displaying his or her badge of office," as required by Georgia law. The trial court denied his motion for a new trial, and Chambers filed a timely notice of appeal.The Supreme Court of Georgia reviewed the case and concluded that an essential element of the offense of fleeing or attempting to elude is that the officer giving the signal to stop must be in uniform with a prominently displayed badge. The court found that the State failed to provide sufficient evidence to prove this element beyond a reasonable doubt. As a result, the court reversed Chambers' felony murder convictions predicated on fleeing or attempting to elude. The court also remanded the case for sentencing on the three counts of vehicular homicide, which no longer merged with the reversed felony murder convictions. View "CHAMBERS v. THE STATE" on Justia Law

Tico Holloway was convicted of malice murder and related crimes in connection with the shooting death of Mercedes Dejesus Antunez-Flores and violent crimes against N.H. and M.H. The crimes occurred on August 17, 2019. Holloway was indicted on multiple counts, including malice murder, felony murder, criminal attempt to commit armed robbery, aggravated assault, aggravated battery, armed robbery, and possession of a firearm by a convicted felon. A jury found Holloway guilty of all counts except armed robbery. He was sentenced to life in prison without parole for malice murder, with additional concurrent sentences for other charges. Holloway's motion for a new trial was denied, and he appealed.The trial court, Cobb County, denied Holloway's motion for a new trial. Holloway argued that the evidence was insufficient to support his malice murder conviction and that the trial court made errors. He claimed the evidence did not disprove his self-defense argument beyond a reasonable doubt. Holloway also contended that the trial court erred by allowing the medical examiner to testify remotely via videoconference, which he argued violated his Sixth Amendment right to confrontation. Additionally, he claimed that errors in the Spanish-to-English interpretation of M.H.'s testimony violated his right to a fair trial.The Supreme Court of Georgia reviewed the case and affirmed the lower court's decision. The court held that the evidence was sufficient to support Holloway's malice murder conviction, as the jury was entitled to reject his self-defense claim. The court also found no plain error in allowing the medical examiner to testify remotely, noting that Holloway had consented to this procedure. Finally, the court concluded that Holloway waived his claim regarding the interpretation errors by agreeing to the procedure used during the trial. View "HOLLOWAY v. THE STATE" on Justia Law

Malcolm Holloway was convicted of felony murder and related crimes following the fatal shooting of Javontay Carr during an attempted armed robbery of Harshvadan, Sumitra, and Kumar Patel on June 27, 2018. Holloway, along with co-defendants Anthony O’Neal, Anthony Morris, Christopher Jacobs, and Sellus Colvin, planned to rob the Patels, who owned a gas station and check-cashing business. The group drove from Columbus, Mississippi to LaGrange, Georgia, where they met Holloway and planned the robbery. They intended to ambush the Patels on a roadside, with Carr pretending to change a tire to lure the Patels into stopping their car. During the attempted robbery, Morris accidentally shot Carr, who was part of the group.A Troup County grand jury indicted Holloway and his co-defendants on multiple charges, including felony murder, criminal attempt to commit armed robbery, and conspiracy to commit armed robbery. The co-defendants entered plea agreements conditioned on their truthful testimony at Holloway’s trial. The jury found Holloway guilty on all counts, and the trial court sentenced him to life in prison with the possibility of parole for felony murder and additional consecutive sentences for firearm possession during the commission of a felony. Holloway’s motion for a new trial was denied.The Supreme Court of Georgia reviewed the case and affirmed the convictions. The court held that the evidence was sufficient to support Holloway’s conviction for felony murder, as the predicate felonies were inherently dangerous and the shooting was a foreseeable result of the attempted armed robbery. The court also found no plain error in the trial court’s jury instructions and determined that the evidence of the group’s trip to Alabama was intrinsic to the charged crimes and admissible. The court concluded that the trial court did not abuse its discretion in denying Holloway’s motion to exclude evidence of other criminal acts. View "HOLLOWAY v. THE STATE" on Justia Law

Sherran Wasserman agreed to sell land in Franklin County to Anthony Pham, contingent on the approval of a conditional use permit by the Franklin County Board of Commissioners. Pham applied for the permit to build and operate chicken houses, but the Board denied the application. Wasserman then sued the Board and the County, initially bringing multiple claims under state and federal law. She dismissed some claims, conceded others, and the trial court dismissed her remaining state-law claims due to sovereign immunity. This left two federal claims: one alleging the County violated Pham’s equal protection rights based on race, and another alleging a violation of Wasserman’s equal protection rights as a “class of one.”The trial court denied the County’s motion for summary judgment, applying the federal doctrine of third-party standing, which allows a plaintiff to assert the rights of third parties. The court found genuine issues of material fact precluded summary judgment on standing and the merits of Wasserman’s equal protection claims. The Court of Appeals reversed, concluding Wasserman lacked third-party standing and that her “class of one” claim failed as a matter of law.The Supreme Court of Georgia reviewed whether a plaintiff may rely on the federal doctrine of third-party standing to establish constitutional standing in Georgia courts. The court held that Georgia’s constitutional standing requirements, rooted in the common law and consistent precedent, do not allow a plaintiff to maintain an action by asserting only the rights of a nonparty. The court overruled its previous adoption of the federal doctrine of third-party standing, concluding that a plaintiff must assert her own legal rights to invoke the judicial power of Georgia courts. The judgment was vacated and remanded for further proceedings consistent with this opinion. View "WASSERMAN v. FRANKLIN COUNTY" on Justia Law

In this case, the appellant was convicted of malice murder and other crimes related to the shooting death of a 73-year-old man named Jack Hough. On the evening of February 7, 2019, Jack was waiting in his car while his wife went into a pharmacy. Witnesses observed a suspicious man in the parking lot, who was later identified as the appellant. The appellant approached Jack's car, demanded money, and shot Jack when he reached for a gun. Jack later died from his injuries. The appellant was arrested after investigators matched his fingerprints to those found on Jack's car and he made incriminating statements during an interview.The Hall County grand jury indicted the appellant on multiple counts, including malice murder and felony murder. At trial, the jury found him guilty of all counts except robbery and one count of felony murder. The trial court sentenced him to life in prison with the possibility of parole for malice murder, along with additional consecutive sentences for other charges. The appellant filed a motion for a new trial, which was denied by the trial court. He then appealed to the Supreme Court of Georgia.The Supreme Court of Georgia reviewed the case and affirmed the lower court's decision. The court held that the evidence was sufficient to support the appellant's conviction for malice murder. The court also found that any error in admitting evidence of the appellant's prior robbery conviction was harmless, given the strong evidence of his intent to commit robbery. Additionally, the court concluded that the trial court did not err in failing to instruct the jury on accident, as the evidence showed the appellant acted with criminal intent. The appellant's convictions and sentences were upheld. View "BENNETT v. THE STATE" on Justia Law

Stefan Parker was convicted of malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a crime related to the shooting death of Shelbra Lee Stallings. The incident occurred on February 28, 2021, and Parker was indicted in November 2021. A jury found him guilty on all counts in March 2023, and he was sentenced to life in prison plus a consecutive five-year term. Parker filed a motion for a new trial, which was denied in April 2024. He then appealed to the Supreme Court of Georgia.The trial court denied Parker's trial counsel's motion to withdraw, and the court admitted a book found in Parker's possession into evidence. Parker argued that the evidence was insufficient to disprove his self-defense claim, the trial court erred in denying the motion to withdraw, and he received ineffective assistance of counsel. The trial court found that granting the motion to withdraw would have delayed the trial, and the book's admission was deemed harmless given the strong evidence against Parker.The Supreme Court of Georgia reviewed the case and concluded that the evidence was sufficient for the jury to reject Parker's self-defense claim. The court found no reversible error in the trial court's denial of the motion to withdraw or the admission of the book into evidence. Additionally, the court determined that Parker's counsel was not ineffective for stipulating to the authenticity of evidence that was consistent with Parker's self-defense claim. The court affirmed Parker's convictions. View "PARKER v. THE STATE" on Justia Law

The plaintiffs filed a premises liability suit against Waffle House, Inc. and WH Capital LLC in October 2019. In April 2021, the defendants filed a motion for sanctions due to the plaintiffs' alleged failure to comply with a discovery order. In July 2021, the plaintiffs dismissed their lawsuit without prejudice. In September 2021, the defendants filed a motion for attorneys' fees, arguing that the plaintiffs dismissed their lawsuit to escape sanctions. The plaintiffs then filed a renewal action. In July 2022, the trial court awarded the defendants $101,082 in attorneys' fees in the dismissed case.The plaintiffs sought to appeal the attorneys' fees award by filing an application for discretionary appeal. The Court of Appeals dismissed the application, concluding that because the plaintiffs had filed a renewal action, the case remained pending below, making the fee award a non-final order. Therefore, the plaintiffs were required to obtain a certificate of immediate review. The Court of Appeals relied on the case Eidson v. Croutch in its analysis.The Supreme Court of Georgia reviewed the case and concluded that the renewal action was a new case, not a continuance of the dismissed case. Therefore, the dismissed case was no longer pending below. The court held that under OCGA § 5-6-34 (a) (1), the order awarding attorneys' fees was a final judgment, and no certificate of immediate review was required. The Supreme Court of Georgia reversed the Court of Appeals' dismissal of the discretionary application and remanded the case for consideration of that application. View "COOK-ROSE v. WAFFLE HOUSE INC." on Justia Law

The appellant was convicted by a Gwinnett County jury of felony murder and aggravated assault in connection with the shooting death of his stepfather, Christopher Grier. The incident occurred during an Easter Sunday cookout at the family home, where the appellant, his mother, and his half-sister lived with Grier. The appellant shot Grier twice in the chest after an argument, and Grier was unarmed at the time. The appellant fled to New York, where he later turned himself in, admitting to a transit officer that he had done something "really, really bad."The appellant was indicted for malice murder, felony murder, and aggravated assault. The jury acquitted him of malice murder but found him guilty of felony murder and aggravated assault. The trial court sentenced him to life in prison for felony murder, merging the aggravated assault count. The appellant's motion for a new trial was denied by the trial court.The Supreme Court of Georgia reviewed the case. The appellant argued that the trial court gave a coercive jury instruction, his defense counsel was ineffective, and the cumulative effect of these errors warranted a new trial. The court found that the trial court's instructions about deliberation time were administrative and not coercive. The court also determined that the defense counsel's performance was not deficient and that any potential errors did not prejudice the appellant's defense. The court concluded that there were no cumulative errors that affected the trial's outcome.The Supreme Court of Georgia affirmed the trial court's order denying the appellant's motion for a new trial. View "EDWARDS-TUGGLE v. THE STATE" on Justia Law

Leon Lamar Tripp was arrested on May 23, 2017, in connection with the disappearance of Latania Janell Carwell, his stepdaughter. Janell's remains were found on March 8, 2018, leading to Tripp's indictment for murder, kidnapping, and other crimes. Tripp was interviewed multiple times by law enforcement and later sought to suppress these custodial statements. The trial court granted in part and denied in part Tripp's motions to suppress.The trial court ruled that Tripp's statements from May 23, 2017, and June 2, 2017, were admissible, finding they were made voluntarily and after a proper Miranda waiver. However, the court suppressed statements made after June 8, 2017, including those from a June 9, 2017, interview, concluding that Tripp had invoked his right to counsel during this interview. The State appealed the suppression of the June 9 interview, while Tripp cross-appealed the admissibility of the May 23 and June 2 interviews and the partial suppression of the June 9 interview.The Supreme Court of Georgia reviewed the case and affirmed the trial court's decision regarding the admissibility of the May 23 and June 2 interviews, agreeing that Tripp had voluntarily waived his Miranda rights. However, the court reversed the suppression of the entire June 9 interview, determining that Tripp's statements before 3:37 p.m. were spontaneous and not elicited by interrogation, and thus should not have been suppressed. The court held that only the statements made after 3:37 p.m., when Tripp's attorney advised him to remain silent, were inadmissible. View "THE STATE v. TRIPP" on Justia Law