Justia Georgia Supreme Court Opinion Summaries

Appellant Octavious Burney appealed after he was convicted by jury for malice murder and a firearm offense in connection with the shooting death of Leonard Young. Appellant contended that the trial court applied the wrong standard in denying his motion for new trial, abused its discretion in denying his motions to strike four potential jurors for cause, deprived him of his constitutional right to be present at all critical stages of the trial with respect to juror notes to the court, and violated OCGA 17-8-57 by commenting on the evidence in front of the jury. Appellant also argued that he was denied the effective assistance of counsel. Finding no reversible error, the Supreme Court affirmed. View "Burnley v. Georgia" on Justia Law

Garrett Lee Bailey appeals his convictions for malice murder, cruelty to children in the first degree, and making false statements to law enforcement officers in connection with the death of his girlfriend’s sixteen-month-old son. He challenged the admission of certain testimony at trial and the sufficiency of the evidence of his guilt. Finding no reversible error, the Supreme Court affirmed. View "Bailey v. Georgia" on Justia Law

Ernest Airokhai Huff was tried by jury, and convicted of the murders of James Isaac, Ferris Weston, and Brian White, as well as conspiracy to traffic in cocaine. Huff appealed, asserting that the trial court erred when it denied his motion to suppress his custodial statement, that the trial court erred when it admitted certain evidence at trial, and that he was denied the effective assistance of counsel. Upon its review of the record and briefs, the Supreme Court found no error, and affirmed. View "Huff v. Georgia" on Justia Law

Appellant Fernando Hernandez challenged his convictions for malice murder and a firearm offense in connection with the shooting death of Edgar Rodriguez-Gonzalez. Appellant argued that the trial court erred in allowing the jurors to submit questions to be asked to the witnesses and in ruling that part of his custodial statement to the police was admissible. He also claimed that his trial counsel provided ineffective assistance. Finding no reversible error, the Supreme Court affirmed. View "Hernandez v. Georgia" on Justia Law

Appellant Dijuan Marshall was convicted of felony murder and related crimes in connection with a home invasion during which Joshua Scott was shot and killed. Appellant’s motion for new trial was denied, and appealed, arguing his trial counsel rendered ineffective assistance by failing to object to certain evidence adduced by the State at trial. Finding no reversible error, the Supreme Court affirmed Marshall's convictions. View "Marshall v. Georgia" on Justia Law

Appellants George and Tennie Nemchik and appellee Tony Michael Riggs were neighbors in Cobb County. The Nemchiks claimed an easement across a heavily wooded portion of Riggs’s property that the parties referred to as “Lot 9,” while Riggs, who had plans to develop the Lot, denied the existence of the easement. When the Nemchiks started cutting down trees and posted notices on the property, Riggs filed a lawsuit to settle the dispute, and the trial court eventually entered an interlocutory injunction barring both parties from going on Lot 9 for any purpose during the pendency of the case. The Nemchiks appealed, claiming that Riggs failed to show a substantial likelihood that he would prevail on his claims at trial and that the threatened harm to Riggs did not outweigh the harm that the injunction would do to them. The Supreme Court saw no abuse of discretion in the trial court’s order, and affirmed it. View "Nemchik v. Riggs" on Justia Law

Appellant Lonnie Ragan was convicted of murder and related offenses in connection with the murder of Holly Hearn. Appellant argued on appeal that the trial court committed reversible error by failing to grant his motion for mistrial and by admitting in-life photographs of the victim adduced by the State. Finding no reversible error, the Supreme Court affirmed. View "Ragan v. Georgia" on Justia Law

In 2010, a grand jury indicted Erik Williams, Jr. for the murder of Deangelo Hudgins and the aggravated assault of Albert Gilbert. Williams appealed the eventual convictions on those charges, arguing the trial court erred in denying his motion for a new trial, and for other alleged errors in the conduct of trial. Finding no error, the Supreme Court affirmed Williams' convictions. View "Williams v. Georgia" on Justia Law

Appellant Dennis Tyrones and his brother, George, held joint title to land in DeKalb County. After George’s death, the probate court awarded a fifty-percent interest in the property to his widow, Appellee Andrea White Tyrones. In December 2011, Appellee filed a complaint for statutory partition of the land, and Appellant answered, alleging various defenses and counterclaims. In a subsequent consent order, the parties agreed that the land could not be divided by metes and bounds; instead, they agreed to a process by which the land would be appraised and, if necessary, subject to a partition sale. Though dissatisfied with the initial appraisal, Appellant failed to secure a second one (even with an extension of time); thus, as provided in the consent order, the initial appraisal established the fair market value of the subject property. In April 2013, counsel for Appellee filed a “Notice of Established Appraised Value,” which, among other things, reiterated the time frame envisioned by the consent order for the sale of the subject property once the value had been established and where Appellant had elected not to exercise the option to purchase Appellee’s interest in the property. In January 2015, the trial court entered an order initiating the partition-sale process. A few months later, Appellee purchased the property at the partition sale for $2,000. On June 3, 2015, Appellant moved the trial court to set aside the partition sale. In her response, Appellee attached correspondence showing that her counsel had tried numerous times over the course of several months to negotiate with Appellant’s counsel to avoid the sale and that Appellee’s counsel (as well as the trial court’s staff) had attempted to engage Appellant’s counsel to prepare for the sale, but counsel was unresponsive. In October 2015, the trial court entered an order confirming the sale and denying Appellant’s motion. Finding no error with the trial court's order, the Supreme Court affirmed. View "Tyrones v. Tyrones" on Justia Law

Following a jury trial, Waseem Daker was found guilty of malice murder, felony murder, false imprisonment, and aggravated assault of Karmen Smith; the aggravated battery of Nick Smith, and criminal attempt to commit aggravated stalking of Loretta Spencer Blatz. Daker, acting pro se, appealed, contending that the trial court treated him unfairly, that the trial court erred by denying several of Daker’s motions to recuse, and that the Georgia Supreme Court’s Rule 20 was unconstitutional. Finding none of Daker's arguments on appeal availing, the Supreme Court affirmed his convictions. View "Daker v. Georgia" on Justia Law