Justia Georgia Supreme Court Opinion Summaries

In May 2012, the International Keystone Knights of the Ku Klux Klan applied to participate in the "Adopt-A-Highway" program, seeking to adopt a one-mile stretch of State Route 515 in Union County. The Department of Transportation, who administered the program, denied their application. The case came to the Georgia Supreme Court as an appeal of right. The appeal was taken, however, from a judgment of a superior court reviewing a decision of a state administrative agency, and under OCGA 5-6-35 (a) (1), there was no appeal of right from such a judgment. An appeal from a judgment of that sort must come instead by way of an application for discretionary review. No such application was filed in this case, and that left the Supreme Court without jurisdiction. For that reason, this appeal was dismissed. View "Georgia v. Int'l Keystone Knights fo the Ku Klux Klan, Inc." on Justia Law

Along with several co-defendants, Milton Blackledge was tried by jury and convicted of murder, violation of the Georgia Street Gang Terrorism and Prevention Act (the “Street Gang Act”), and other crimes, all in connection with the 2007 killing of Justin Brown. Blackledge appealed, arguing: (1) that the evidence was insufficient to sustain his conviction for violation of the Street Gang Act; (2) that the trial court erred when it refused to sever his trial from that of his co-defendants, and (3) that the trial court erred when it admitted certain evidence. Finding no reversible error, the Georgia Supreme Court affirmed. View "Blackledge v. Georgia" on Justia Law

Appellant Jack Scott was indicted in January 2015 on two counts of "obscene Internet contact with a child," arising from alleged sexually explicit online communications in which he took part in late 2013 with a minor under the age of 16. Scott filed a general demurrer, contending that OCGA 16-12-100.2 (e) 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 by granted a certificate of immediate review. Scott then filed an application for interlocutory appeal. After granting that application and reviewing the trial court record, the Georgia Supreme Court held that, when properly construed, subsection (e) did not effect a real and substantial constraint upon constitutionally protected expression. Subsection (e) therefore did not on its face violate the First Amendment, and the trial court properly denied Scott’s demurrer. View "Scott v. Georgia" on Justia Law

Appellant Quinton Jones was found guilty of malice murder, felony murder, aggravated assault with a deadly weapon, criminal attempt to commit armed robbery, possession of a firearm by a convicted felon, and possession of a firearm during commission of a felony in connection with the 2011 shooting death of Lamaurice Westbrook. Appellant appealed: (1) challenging the sufficiency of the evidence presented against him; (2) asserting that the State failed to prove venue; (3) arguing the trial court erred in admitting similar transaction evidence; and (4) arguing his trial counsel was ineffective. Finding no error, the Georgia Supreme Court affirmed appellant’s conviction for malice murder and possession of a firearm during the commission of a felony. Due to a sentencing error, the Court vacated a portion of the sentencing order and remanded this case back to the trial court for resentencing. View "Jones v. Georgia" on Justia Law

In November 2014, a grand jury returned an indictment against appellant Norman Smart. He would ultimately be convicted of malice murder and related offenses in connection with the beating death of his wife, Lauren Smart, for which he was sentenced to life imprisonment without the possibility of parole. On appeal, appellant contended, inter alia, that there was insufficient evidence to sustain his convictions and that the trial court erroneously admitted both character evidence and hearsay testimony. Finding no reversible error, the Georgia Supreme Court affirmed appellant's conviction. View "Smart v. Georgia" on Justia Law

Appellant Deonte Smith challenged his conviction for felony murder in connection with the 2012 death of his two-month-old daughter, Keymaya. Appellant argued on appeal of that conviction that the trial court erred in allowing the State to cross-examine him about tattoos on his arm and by allowing the State’s expert witness to give a demonstration using a baby doll. After review, the Supreme Court agreed the trial court abused its discretion in allowing the full line of questioning about the tattoos, but any error was harmless, and the court did not abuse its discretion in permitting the expert’s demonstration. View "Smith v. Georgia" on Justia Law

In 2011, appellee Kealy Williams pled guilty to charges of malice murder, felony murder, hijacking a motor vehicle, armed robbery, two counts of aggravated assault with a deadly weapon, and possession of a firearm during the commission of a felony. He was sentenced to life in prison on the malice murder conviction, twenty years imprisonment for his convictions for hijacking, armed robbery and aggravated assault, and a consecutive, suspended five year sentence for the possession of a firearm conviction. In 2013, Williams filed a pro se petition for habeas corpus contending, inter alia, that his plea was not voluntarily entered and that his trial counsel provided ineffective assistance. After a hearing, the habeas court granted Williams’ petition, concluding that his plea was invalid because he was not of “sufficiently sound mind and intelligence” to make an informed decision to plead guilty and that he was denied effective assistance of counsel under "Strickland v. Washington." Stan Shepard, in his capacity as the warden of the Augusta State Medical Prison, appealed the habeas court’s ruling, arguing granting habeas relief in this case was in error. After reviewing the record and applicable legal authorities, the Georgia Supreme Court found no basis for the grant of habeas relief in this case and reversed. View "Shephard v. Williams" on Justia Law

In 2004, Dolores Moreno acquired residential property in Gwinnett County. Three years later, she gave a one-half interest in the property to her daughter Gina Moreno as a gift. Around the same time, Dolores and Gina signed a document that purported to be a contract whereby Dolores agreed to sell her remaining one-half interest in the property to Gina, and Gina agreed to pay $75,000 to Dolores in monthly installments. After six more years passed, Gina had made no payments to Dolores, and Dolores filed a lawsuit against Gina for breach of contract and for an equitable accounting as between tenants in common. The trial court granted partial summary judgment to Dolores, concluding that the evidence showed that Dolores and Gina entered into a binding and enforceable contract. The court awarded Dolores damages and fair market rent for her one-half interest as an equitable adjustment of the accounts of the tenants in common. Gina appealed. After review, the Supreme Court found that there was a genuine issue of disputed fact with respect to whether the contract was binding and enforceable, and that the trial court erred by granting partial summary judgment to Dolores on her claim for breach of contract. With the contract still at issue, the award of damages and relief on the equitable accounting claim was reversed, and the case remanded for further proceedings. View "Moreno v. Smith" on Justia Law

A grand jury indicted appellant Travis Williams stemming from the death of his seven-month-old daughter Syikiria. He was ultimately convicted of felony murder. A medical examiner testified the child died from "battered child syndrome," from "inflicted violent acceleration-deceleration" and an impact that caused three fractures to the child's skull. On appeal of his conviction, Williams argued the felony murder charge predicated on aggravated assault cannot stand because the prosecution failed to show he used his hands offensively and intentionally to kill his daughter; and instead appellant argues his only intent was to dislodge mucous from the victim. In addition, Williams argued the trial court erred in instructed the jury on the elements of criminal negligence as it related to felony murder and aggravated assault. Finding no reversible error, the Supreme Court affirmed Williams' conviction. View "Williams v. Georgia" on Justia Law

Appellant Marshae O’Brian Hickman was convicted of the 2010 attempted rape and murder of Candice Parchment. He appealed, asserting, inter alia, the trial court erred in joining these offenses for trial because they occurred several months apart. Finding no error, the Supreme Court affirmed. View "Hickman v. Georgia" on Justia Law