Justia Georgia Supreme Court Opinion Summaries

Appellee Robert Lenoris Smith was indicted by grand jury for felony murder and other offenses arising out of the shooting death of Octavius Powell. Smith filed a number of pre-trial motions, including a motion to suppress evidence of an oral admission, written statements, and video recordings of any statement made to law enforcement officers while in custody. After conducting a "Jackson-Denno" hearing, the trial court entered an order: (1) suppressing the admission of such evidence; (2) finding that the State failed to prove by a preponderance of the credible evidence that the statement of defendant was freely, voluntarily, knowingly, and understandably made and entered; and (3) the statement was made and entered without any undue influence, compulsion, duress, promise of benefit, or fear of injury. The State appealed, but finding no reversible error, the Supreme Court affirmed the trial court's ruling. View "Georgia v. Smith" on Justia Law

Appellant Roy Bradshaw was tried and convicted of malice murder and related offenses in connection with the March 2008 beating death of Earl Gill. Bradshaw appealed, arguing he received ineffective assistance of counsel and arguing that the trial court erred in admitting his custodial statements at trial. Finding no error, the Supreme Court affirmed. View "Bradshaw v. Georgia" on Justia Law

Following the denial of his motion for new trial, as amended, William Capps appealed his conviction and sentence for malice murder in connection with the 2005 shooting death of Ernest Morocco “Rocco” Lattimore. He challenged the effectiveness of his trial counsel and the trial court’s alleged refusal to allow him to inquire into whether there was an improper communication to the jury. Finding no merit to these challenges, the Supreme Court affirmed the conviction and sentence. View "Capps v. Georgia" on Justia Law

A jury found Robert Robbins guilty of felony murder, aggravated assault, and aggravated battery in connection with the beating death of his wife, Susan. On appeal, Robbins contended that the trial court erred in allowing certain statements of the deceased victim to be admitted into evidence at trial and that his trial counsel was ineffective. Finding no reversible error or ineffective assistance of trial counsel, the Georgia Supreme Court affirmed the conviction. View "Robbins v. Georgia" on Justia Law

A jury convicted appellant John Blackmon of felony murder and other offenses in connection with the 2013 shooting death of Timothy Blalock and the aggravated assault and aggravated battery of Timothy Ghiden. Blackmon appealed the denial of his motion for new trial, contending that the trial court erred by failing to suppress the results of an impermissibly suggestive photographic lineup, thereby violating his right to due process, and denying his motion for directed verdicts. The Supreme Court found no merit in his claims, but in its review of the record, the Court found the trial court erred when it failed to sentence him for unlawful possession of a firearm by a convicted felon. Accordingly, the Court affirmed in part, vacated in part, and remanded this case for resentencing. View "Blackmon v. Georgia" on Justia Law

In 2008, a jury found appellant Christopher Rozier and his co-defendant, Xavier Dyer, guilty of murder and other crimes in connection with the death of Rufus Richardson. They appealed, and the Georgia Supreme Court affirmed both of their convictions. In 2011, appellant filed a habeas petition, alleging that his appellate counsel had been constitutionally ineffective in failing to contend that his trial counsel had been ineffective in several respects. The habeas court denied relief finding no constitutionally deficient representation. The Supreme Court then granted appellant’s application to appeal to consider whether the trial court erred in erred in ruling that appellant did not receive ineffective assistance of appellate counsel. Finding no reversible error, the Court affirmed. View "Rozier v. Caldwell" on Justia Law

Appellant Jessica Shah was found guilty of felony murder and two counts of first degree cruelty to children in connection with the death of her infant daughter, Alejandra. Because the trial court erred in not granting Appellant’s request for a jury instruction on reckless conduct as a lesser included offense of first degree cruelty to children, the Supreme Court reversed and remanded for further proceedings. View "Shah v. Georgia" on Justia Law

Iselda Moreno, wife of Rudy Robles, received liposuction, buttock augmentation, and abdominoplasty surgery performed by Dr. Patricia Yugueros of Artisan Plastic Surgery, LLC on June 24, 2009. Moreno went to the ER experiencing abdominal pains. Five days after the surgery, she died. The Georgia Supreme Court granted certiorari to the Court of Appeals to determine whether the appellate court was correct in holding that deposition testimony of an organizational representative taken under OCGA 9-11-30(b)(6) could be admitted into evidence at trial under OCGA 9-11-32(a)(2), without regard to the rules of evidence governing admissibility of expert testimony. Finding that the Court of Appeals erred, the Supreme Court reversed and remanded this case for further proceedings. View "Yugueros v. Robles" on Justia Law

At issue in these cases was what happens when the State fails to file a petition alleging delinquency against a juvenile who was not detained within 30 days of the filing of the complaint or seek an extension of that deadline from the juvenile court. In In the "Interest of M.D.H.," (779 SE2d 433 (2015)), a panel of the Court of Appeals held that the failure to comply with section 15-11-521(b) required dismissal of the juvenile case, but the dismissal was without prejudice. Three days later, in "Interest of D.V.H.," (779 SE2d 122 (2015)), a different panel answered the same question the opposite way, concluding that a violation of section 15-11-121(b) required dismissal with prejudice. The Supreme Court granted certiorari in both cases, asking whether the Court of Appeals correctly applied OCGA section 15-11-521 (b). The Supreme Court held that if the State fails to file a delinquency petition within the required 30 days or to seek and receive an extension of that deadline, the case must be dismissed without prejudice. Accordingly, the Court affirmed the Court of Appeals’ judgment in M.D.H., and reversed the judgment in D.V.H. View "In the Interest of M.D.H." on Justia Law

This issue presented in this interlocutory appeal centered on a facial constitutional challenge to OCGA 20-2-1182, which criminalized upbraiding, insulting, or abusing a public school teacher, administrator, or bus driver in the presence of a pupil while on the premises of a public school or school bus. Appellant Michael West was arrested and charged under the statute, and he thereafter filed a general demurrer, contending, among other things, that the statute was unconstitutionally overbroad in violation of the right to free speech guaranteed under the First Amendment to the United States Constitution. The trial court denied the demurrer but granted West a certificate of immediate review; West subsequently filed an application for interlocutory appeal, and the Georgia Supreme Court granted the application to review the substance of West’s constitutional challenge. The Court agreed with West that OCGA 20-2-1182 was unconstitutionally overbroad and reversed the judgment of the trial court. View "West v. Georgia" on Justia Law