Justia Georgia Supreme Court Opinion Summaries

Michael Angelo Foster was found guilty by jury of felony murder and first degree cruelty to children in connection with the beating death of fifteen-month-old Malcolm Lewis. On appeal, Foster argued the evidence presented at trial was insufficient to support the verdict and that the trial court erred in denying his motion for a continuance. Finding no error, the Supreme Court affirmed. View "Foster v. Georgia" on Justia Law

In 2012, Esther Primack entered a non-negotiated guilty plea to second degree cruelty to children based on her failure to seek medical treatment for her four-year-old daughter after Primack’s boyfriend had broken the child’s leg. Primack was sentenced to ten years in prison. In 2015, Primack filed a petition for habeas corpus relief in which she argued that her plea counsel was ineffective in several respects and that her guilty plea was not entered knowingly and voluntarily because she did not understand the meaning of “criminal negligence” when she entered her plea. The habeas court granted relief to Primack on her claims of ineffective assistance and on her claim that she had not entered her guilty plea knowingly and voluntarily. Kathleen Kennedy, in her capacity as warden, appealed that ruling. After review, the Georgia Supreme Court found that the habeas court properly granted relief to Primack on the ground that she did not enter her guilty plea knowingly and voluntarily, and affirmed the habeas court’s ruling on that basis alone. The Supreme Court did not address the habeas court’s ruling on the ineffectiveness of her plea counsel. View "Kennedy v. Primack" on Justia Law

Nathaniel Brittian was convicted by jury of malice murder, aggravated assault, and possession of a firearm during the commission of a crime. He appealed, contending that he received ineffective assistance of counsel and that the trial court erred by denying his motion for continuance and improperly rehabilitating a juror. Finding no error, the Supreme Court affirmed Brittian's convictions. View "Brittian v. Georgia" on Justia Law

Georgiacarry.org (“Georgia Carry”) filed an “Application for Leave to File an Information in the Nature of Quo Warranto,” against members of the Code Revision Commission in an effort to challenge the right of every individual Commission member to continue serving on the Commission. The superior court denied the application, finding that Georgia Carry lacked standing to pursue a writ of quo warranto, and Georgia Carry appealed that ruling. After review, the Georgia Supreme Court found that because the trial court correctly concluded that Georgia Carry did not have individual standing or associational standing on behalf of its members to pursue a writ of quo warranto, it affirmed the trial court's ruling. View "Georgiacarry.org, Inc. v. Allen" on Justia Law

Deron Wallace was tried by jury and convicted of murder, armed robbery, two counts of theft by taking, and unlawful possession of a firearm during the commission of a felony, all in connection with the fatal shooting of Robert Pett. Wallace appealed, contending only that the trial court erred when it rejected his claim of selective prosecution, which he based on the determination of the prosecuting attorney to prosecute one of Wallace’s accomplices for crimes less serious than murder. The Supreme Court reviewed Wallace's arguments on appeal and found no merit in the claim of selective prosecution. The Court did note that the trial court erred at sentencing when it failed to merge the thefts with the armed robbery. Accordingly, the Court vacated the convictions and sentences for theft by taking, but otherwise affirmed. View "Wallace v. Georgia" on Justia Law

In 2015, the City of Atlanta proposed to annex property in unincorporated Fulton County that the City recently had acquired, but the County objected. The property at issue was part of the Fulton County Industrial District, and the County pointed the City to a local constitutional amendment, which prohibited the annexation of property within the District. The City then filed a lawsuit against the County, alleging: (1) that the local amendment was never constitutionally adopted; (2) it was repealed in any event by operation of the Constitution of 1983; and (3) local laws purporting to continue the amendment were themselves unconstitutional. The City sought a declaratory judgment that its proposed annexation would be lawful. The trial court entered a declaratory judgment for the City, and the County appealed. After review, the Georgia Supreme Court vacated the declaratory judgment for the City, and remanded for the trial court to dismiss the case as nonjusticiable. View "Fulton County v. City of Atlanta" on Justia Law

Appellant Tommie Lee Bullard appealed after he was convicted of malice murder and other crimes related to the 2011 stabbing death of the victim, Willie White. On appeal, appellant argued that the State violated his right to remain silent and that the trial court erred in failing to grant his motion for a mistrial that was based on that violation. Finding no error, the Supreme Court affirmed. View "Bullard v. Georgia" on Justia Law

Appellant Octavious Turner was convicted of malice murder and another charge in connection with the 2011 shooting death of Quintaveis Johnson. He appealed, arguing, inter alia, the trial court erred in permitting the State to ask prospective jurors whether they would be able to find a defendant guilty based solely on the testimony of a single witness. Finding no enumerated error, the Georgia Supreme Court affirmed on the merits, but vacated and remanded to enable the trial court to address a sentencing error. View "Turner v. Georgia" on Justia Law

Joseph Schmidt was diagnosed with schizophrenia, and in 1973, the Veterans Administration paid him disability benefits. Three years later, the VA appointed Dale Groenenboom as his guardian and conservator. In 1997, Schmidt moved into a personal care home, which was owned and operated by Charles and Jerry Reeves. In 2010, Schmidt was diagnosed with kidney cancer. At that time, Groenenboom still served as his guardian and conservator, and Schmidt still lived in the Reeveses’ personal care home. Schmidt was hospitalized in July 2010, and he made a will, which named Groenenboom as the executor. In that will, Schmidt left nothing to his twin sister, Judith Webb, instead leaving all of his estate to Groenenboom and the Reeveses. Schmidt died in October 2013, and Groenenboom filed a petition to probate the will in solemn form. Webb filed a caveat. The probate court denied the caveat and admitted the will to probate, and Webb appealed, arguing Schmidt lacked testamentary capacity as a matter of law when he made the July 2010 will. After review, the Supreme Court concluded Schmidt had enough knowledge about the nature and extent of his estate to sustain a finding that he had a decided and rational desire as to the disposition of his property. View "Webb v. Reeves" on Justia Law

Stanley Harris was tried by jury and convicted of: malice murder, the unlawful possession of a firearm during the commission of a felony, and tampering with evidence. These charges were brought in connection with the fatal shooting of his wife, Haneefah Harris. Harris argued on appeal that the trial court erred when it refused to charge the jury on voluntary manslaughter. Finding no reversible error, the Supreme Court affirmed. View "Harris v. Georgia" on Justia Law