Justia Georgia Supreme Court Opinion Summaries

In the Supreme Court of Georgia, the appellant Morgan Baker was convicted of malice murder in connection with the shooting death of Tamarco Head. Baker appealed the conviction, arguing that the trial court erred by admitting into evidence a portion of a rap music video in which he appeared. The State used this video to portray Baker as violent and familiar with guns. The court agreed with Baker that the trial court's admission of the video was an abuse of discretion under OCGA § 24-4-403 (“Rule 403”), as the video's highly prejudicial nature substantially outweighed its minimal probative value.The court found that the video had little probative value in proving Baker's presence at the crime scene or his identity, as these facts were not in dispute. Furthermore, the video's depiction of Baker waving a gun during a music performance did not significantly prove his access to or familiarity with guns at the time of the shooting. Conversely, the video was highly prejudicial as it allowed the State to introduce impermissible propensity evidence, portraying Baker as a threatening gunman.The court concluded that the State had failed to show that the error in admitting the video was harmless, given the video's significant prejudicial effect and the lack of compelling evidence of Baker's guilt. Therefore, the court reversed Baker's conviction. View "BAKER v. THE STATE" on Justia Law

In August 2021, a Fulton County grand jury indicted defendant Jerrion McKinney on various charges relating to his alleged participation in an "armed takeover" of an area in Atlanta, including twelve counts of violating Georgia’s Gang Act. The state sought to introduce evidence of McKinney's previous acts under evidence rule, OCGA § 24-4-418 (“Rule 418”), which allows for the admission of evidence of other acts listed in Georgia’s Gang Act in prosecutions under the same.The trial court ruled that only one of the three acts proffered by the state was admissible. The state appealed, arguing that the trial court incorrectly interpreted Rule 418 as requiring a nexus between the other act and an intent to further gang activity. The Court of Appeals agreed with the state, reversed the trial court's decision in part and remanded the case back to the trial court for reconsideration under OCGA § 24-4-403 (“Rule 403”), which governs the admissibility of relevant evidence.Upon review, the Supreme Court of Georgia affirmed the judgment of the Court of Appeals, concluding that Rule 418 does not require a nexus between the other act and an intent to further gang activity. The Court clarified that while Rule 418 does not impose a nexus requirement, the admissibility of evidence under Rule 418 is still subject to the application of other rules of evidence, including Rule 403. The Court remanded the case back to the trial court to assess whether the other acts at issue should be excluded under Rule 403 or any other related rules. View "MCKINNEY v. THE STATE" on Justia Law

In a dispute between the City of Winder and Barrow County, Georgia, the Supreme Court of Georgia addressed the interpretation of the Services Delivery Strategy (SDS) Act, with regard to the delivery of services to county and city residents and property owners and the funding of these services. The case initially revolved around three main issues: the maintenance of county roads and who benefits from them, the funding of services that primarily benefit the unincorporated area of the county, and whether the County could challenge the water rates charged by the City as an illegal tax.The court concluded that determining whether the maintenance of county roads primarily benefits the unincorporated area of a county cannot be resolved as a matter of law and requires analysis of the totality of the circumstances involved. The court held that services that primarily benefit the unincorporated area of the county should be funded through the mechanisms delineated in the Act, limiting the sources within a special district that can be used for funding.Finally, the court decided that a superior court adjudicating a petition under the SDS Act is not authorized to determine whether the City’s usage rates charged to water customers in unincorporated areas of the County are an illegal tax. The court reversed the rulings of the lower courts and remanded the case for further proceedings. View "CITY OF WINDER v. BARROW COUNTY" on Justia Law

In the Supreme Court of Georgia, the appellant, Belinda Lopez, was convicted of malice murder and possession of a firearm during the commission of a felony in relation to the shooting death of her husband, Noel Lopez. The court presented evidence of a night out involving Belinda, Noel, and Belinda’s friend Angelica Juarez, which culminated in Noel being shot in the head. Belinda called 911 to report the incident. Throughout her interviews with investigators, Belinda maintained that she was defending herself from Noel's attack when the gun accidentally discharged. However, her account of the incident shifted over time.In her appeal, Belinda contended that the evidence presented at her trial was insufficient to support her convictions and that her trial counsel provided constitutionally ineffective assistance. She claimed that the State failed to disprove beyond a reasonable doubt her theories of self-defense and accident, and alternatively, suggested that Juarez may have shot Noel.The court rejected Belinda's claims, affirming that the evidence presented at trial was sufficient to support her convictions. The court found that Belinda's shifting accounts of the incident, combined with expert testimony and physical evidence, allowed the jury to conclude that she was guilty beyond a reasonable doubt of malice murder and the related firearm possession count.Regarding Belinda's claims of ineffective assistance of counsel, the court found that her trial counsel's decision not to pursue requests for certain jury instructions and his failure to object to the prosecutor’s closing argument did not constitute deficient performance. The court concluded that Belinda failed to establish that her trial counsel's performance was deficient or that she suffered prejudice as a result of his actions. Accordingly, the court affirmed the convictions. View "LOPEZ v. THE STATE" on Justia Law

In this case, Jamie Avila Reyes, the appellant, appealed his 15-year prison sentence for crimes including homicide by vehicle in the first degree and driving under the influence of alcohol. Reyes, an undocumented immigrant, contended that the trial court improperly considered his immigration status during sentencing, violating his due process and equal protection rights under the Fourteenth Amendment. Reyes also argued that OCGA § 17-10-1.3, a Georgia statute that allows a trial court to consider potential deportation when determining whether to probate a convicted person's sentence, is unconstitutional both on its face and as applied to him.The Supreme Court of Georgia held that OCGA § 17-10-1.3 is constitutional. The court found that the statute survived rational basis review because it bears a rational relationship to the legitimate governmental interest in ensuring the complete execution of judicial sentences. The court also held that the trial court did not violate Reyes' due process or equal protection rights when it applied the statute and declined to probate any portion of his sentence due to his impending deportation. The court noted that there was no evidence the trial court based its sentence on discriminatory animus towards undocumented noncitizens. Therefore, the court affirmed the judgment of the trial court. View "REYES v. THE STATE" on Justia Law

In 2024, the Supreme Court of Georgia upheld the convictions of Demarcus Deshawn Blash for malice murder and other offenses related to the shooting deaths of Jain Marie Williams and Wendell Everett Williams. Blash challenged the sufficiency of the evidence, the denial of his motion for a new trial, the introduction of his jail phone call recordings, and the expert testimony interpreting gang language used in those calls. He also questioned the legality of his sentencing process.The crimes were committed in 2018, and Blash was indicted along with three co-defendants. Following a trial in 2021, Blash was found guilty of all counts except one count of theft. He was sentenced to life in prison without parole for the murders and additional concurrent and consecutive sentences for other charges.Blash appealed his convictions and sentences, but the Supreme Court of Georgia found that the evidence was constitutionally sufficient to uphold the convictions. The court ruled that the trial court had properly denied Blash's motion for a new trial and did not err in allowing the introduction of jail call recordings and expert testimony interpreting gang language.Furthermore, Blash's argument that his sentencing was not conducted under Georgia law was dismissed since the sentences fell within the statutory punishment ranges. However, the court did vacate the sentences for burglary and one count of theft by taking because these counts should have merged with home invasion and armed robbery, respectively. View "BLASH V THE STATE" on Justia Law

In this Georgia Supreme Court case, the defendant, Darnell Rene Floyd, was convicted of felony murder predicated on possession of a firearm by a convicted felon and other related charges in connection to the shooting death of Telmo Ortiz. Floyd argued he was acting in self-defense during the incident. On appeal, Floyd's main contention was that his trial counsel was constitutionally ineffective due to their handling of the interplay between self-defense and possession of a firearm by a convicted felon.The Supreme Court of Georgia agreed with Floyd and reversed his conviction. The Court concluded that Floyd's trial counsel failed to request a jury instruction about self-defense under OCGA § 16-11-138, which provides that self-defense can be an absolute defense for a convicted felon in possession of a firearm. Additionally, the court determined Floyd's trial counsel didn't clearly explain that self-defense applied to felony murder based on felon-in-possession and agreed with the trial court's response to the jury's question, which didn't clarify the application of self-defense to felony murder and felon-in-possession.The court held that these failures constituted deficient performance by counsel and resulted in prejudice to Floyd's case. However, since the evidence against Floyd was constitutionally sufficient to authorize the conviction, he may be retried. The court also reversed Floyd's conviction for possession of a firearm during the commission of a felony, as it was only supported by the reversed felony murder conviction. View "FLOYD v. THE STATE" on Justia Law

In 2019, co-defendants Mark Kirkland and Kendrick Ogletree were found guilty of numerous offenses, including malice murder, related to the arson-related deaths of Deangelo Barbary and Debra Morris. The pair were indicted on charges of murder, felony murder, and arson in the first degree, with Ogletree also charged with conspiracy to commit arson and criminal solicitation. Both defendants contend that the trial court erred in various ways, including by admitting improper character evidence. The Supreme Court of Georgia reviewed the case and found that Kirkland failed to prove that the trial court abused its discretion in admitting certain evidence and that his trial counsel was ineffective. The court also concluded that the evidence was sufficient to support Ogletree’s convictions. As such, the court affirmed both Kirkland’s and Ogletree’s convictions. The Supreme Court noted that the trial court erred in its final instruction to the jury about the use of admitted evidence of other acts, but concluded that the error did not affect the outcome of the proceedings given the strong evidence of guilt presented by the State. View "KIRKLAND v. THE STATE" on Justia Law

Donald Berry Green appealed his sentence for felony murder and aggravated assault related to the shooting death of Andre Winter. He entered a guilty plea, but years later, began filing motions for an out-of-time appeal. Green argued that his guilty plea was involuntary and unintelligent because he wasn't expressly advised on the record of his right against self-incrimination, one of the three specific rights listed in "Boykin v. Alabama" (1969) that a defendant waives when entering a guilty plea. The Supreme Court of Georgia found that the record showed Green's plea was voluntary and intelligent, despite the absence of an express advisement of his right against self-incrimination. The Court overruled its previous decisions that adopted a "three Boykin rights" approach, which automatically reversed a guilty plea if the record didn't show the defendant was expressly informed about all three rights listed in "Boykin v. Alabama". The Court held that a guilty plea is valid if the record shows it was voluntary and intelligent, regardless of whether all three rights were explicitly conveyed to the defendant. Therefore, the Court affirmed Green's convictions. View "GREEN v. THE STATE" on Justia Law

In Georgia, the Fair Dismissal Act (FDA) offers certain protections to public school teachers after they have fulfilled a contract for the fourth consecutive school year with the same local board of education. This case considered whether the Charter Schools Act's waiver provision, which relieves public charter schools from complying with Title 20 (including the FDA), impairs the vested rights of teachers who had earned FDA protections before their school converted to a charter system. The Supreme Court of Georgia decided that the teachers' constitutional claims failed as a matter of law. The justices reasoned that the 1993 Charter Schools Act had already clarified that the FDA did not afford teachers any rights enforceable against charter schools. Therefore, the Charter Systems Act's retention of an FDA exemption for charter schools did not impair any rights for teachers who earned FDA rights after the 1993 Charter Schools Act was enacted. View "WOODS v. BARNES" on Justia Law