Justia Georgia Supreme Court Opinion Summaries

A county in Georgia revised a zoning ordinance to increase the maximum allowable dwelling size in a historic district on Sapelo Island. Some residents opposed this change and, relying on the Georgia Constitution’s Home Rule Provision, petitioned for a referendum to repeal the ordinance. The county probate court found the petition valid and scheduled a special election. Before the order was entered, the county filed suit in superior court to stop the referendum, arguing that zoning ordinances are not subject to the Home Rule Provision’s referendum process.The Superior Court of McIntosh County agreed with the county, holding that the ordinance was adopted under the Constitution’s Zoning Provision, not the Home Rule Provision, and thus was not subject to repeal by referendum. The court issued a writ of prohibition against the probate judge to halt the referendum. However, the superior court also granted an injunction, at the request of the residents, preventing enforcement of the revised ordinance while the appeal was pending.On appeal, the Supreme Court of Georgia reviewed whether the Home Rule Provision’s referendum process applies to county zoning ordinances. The court held that, under the 1983 Georgia Constitution, the legislative power to enact zoning ordinances derives from the Home Rule Provision, and nothing in the Constitution excludes zoning ordinances from the referendum process. Therefore, the superior court erred in stopping the referendum and issuing a writ of prohibition. The Supreme Court of Georgia reversed those portions of the superior court’s order. However, the Supreme Court affirmed the superior court’s injunction against enforcement of the ordinance, finding the county failed to show error in the record regarding the injunction. View "Bailey v. McIntosh County" on Justia Law

Ultra Group of Companies and Prince and Prince, LLC entered into a contract regarding the placement and operation of Ultra’s coin-operated amusement machines on Prince’s premises. A dispute arose between the parties, leading to arbitration before a Georgia Lottery Corporation (GLC) hearing officer. On July 30, 2021, the hearing officer issued an “Interim Award” that resolved most substantive contract issues in favor of Prince but left claims for fees and costs unresolved. On September 17, 2021, the hearing officer issued a “Final Award” that incorporated the Interim Award, split arbitration costs, and awarded attorney fees to Ultra. The parties received the Final Award on October 4, 2021.Ultra filed a “Request for Reconsideration and Motion for Review” with the GLC’s chief executive officer (CEO) on October 14, 2021, which was denied by operation of GLC rules after 30 days without a ruling. On December 10, 2021, Ultra filed a timely petition for certiorari to the Superior Court of Fulton County. Prince moved to dismiss, arguing Ultra failed to preserve its appeal rights by not seeking review of the Interim Award within 10 days. The Superior Court of Fulton County agreed and dismissed Ultra’s petition. Ultra appealed to the Court of Appeals of Georgia, which affirmed the dismissal without opinion. Ultra’s motion for reconsideration was denied, and Ultra petitioned the Supreme Court of Georgia for certiorari.The Supreme Court of Georgia held that only the Final Award constituted an appealable order under the GLC’s rules, as it resolved all issues presented in the arbitration. Ultra’s appeal from the Final Award was timely, and the lower courts erred in dismissing the appeal. The Supreme Court reversed the judgment of the Court of Appeals. View "Ultra Group of Companies, Inc. v. Prince and Prince, LLC" on Justia Law

On August 29, 2020, a shooting occurred outside gas stations in DeKalb County, Georgia, resulting in the death of De’Andre Jones. Jedidja Mbungu was identified as the shooter. Witnesses testified that Mbungu and Jones encountered each other in the street, exchanged words, and then Mbungu shot Jones as Jones was running away. No gun was found on or near Jones, and the medical examiner determined that Jones died from a gunshot wound to the back of his head. Mbungu claimed self-defense, testifying that he believed Jones was armed and threatening him, based on prior violent encounters and Jones’s reputation.A DeKalb County grand jury indicted Mbungu for malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a felony. At trial in October 2023, the jury acquitted Mbungu of malice murder but convicted him of felony murder and the firearm charge. The aggravated assault count merged. The trial court sentenced Mbungu to life in prison plus a suspended five-year sentence for the firearm offense. Mbungu’s motion for a new trial was denied by the trial court in March 2025.The Supreme Court of Georgia reviewed the case. Mbungu argued that the trial court erred by excluding evidence of a prior difficulty with Jones and evidence of Jones’s alleged gang membership, and by refusing to instruct the jury on combat by agreement and mistake of fact. The Supreme Court of Georgia held that any error in excluding the evidence was harmless, as similar evidence was admitted and the self-defense claim was weak. The court also held that the trial court did not err in refusing the requested jury instructions, as the evidence did not support them. The convictions and sentences were affirmed. View "MBUNGU v. THE STATE" on Justia Law

A woman’s body was discovered inside a plastic container on the side of a Georgia interstate in January 2022. The victim was identified as Myra Smith Parlier. The investigation revealed that she died from asphyxia, with evidence indicating she was strangled with a dog leash and suffocated with a trash bag. Items found at her home matched those used in the concealment of her body. Jquantae Jester and his girlfriend, who had been staying at Parlier’s house, were linked to the crime through surveillance footage, use of Parlier’s financial cards, and possession of her belongings. Jester ultimately confessed to killing Parlier after confronting her about a sold shotgun, describing in detail how he strangled and suffocated her, then disposed of her body.A Fulton County grand jury indicted Jester for malice murder, felony murder, aggravated assault, and concealing the death of another. After a mistrial, a second trial resulted in Jester’s acquittal on malice murder but conviction on the remaining charges. The Superior Court of Fulton County sentenced him to life without parole for felony murder and a consecutive ten-year term for concealing the death. Jester’s motion for a new trial was denied, and he appealed to the Supreme Court of Georgia.The Supreme Court of Georgia reviewed several claims, including the admission of other-acts evidence, the lack of a jury instruction on confession corroboration, and alleged discovery violations. The court held that any error in admitting other-acts evidence was harmless due to overwhelming evidence of guilt and proper jury instructions. The omission of a confession corroboration instruction did not amount to plain error because the confession was amply corroborated. The court also found no plain error in admitting expert testimony despite alleged discovery violations. The convictions and sentences were affirmed. View "JESTER v. THE STATE" on Justia Law

On August 6, 2017, the appellant was involved in a fatal shooting after arranging to meet the victim, with whom he had a history of marijuana transactions. The meeting took place at an apartment complex where the appellant was staying. Witnesses observed the appellant acting nervously and possibly carrying a handgun. After the victim arrived, gunshots were heard, and the appellant was seen fleeing with what appeared to be a gun. He returned to the apartment, admitted to shooting someone, and then left the scene without contacting authorities. The victim was found dead with two gunshot wounds, and ballistic evidence linked the shots to a .45-caliber handgun. The appellant, a convicted felon, later testified that he shot the victim in self-defense during an attempted robbery.A Clayton County grand jury indicted the appellant for malice murder, felony murder, aggravated assault, and possession of a firearm by a convicted felon. At trial, the jury found him guilty on all counts. The trial court sentenced him to life without parole for malice murder, with additional consecutive sentences for aggravated assault and firearm possession. The felony murder counts were vacated by operation of law, and one aggravated assault count merged with the malice murder conviction. The appellant filed a motion for a new trial, which was initially granted but then vacated; the motion was ultimately denied. The case was transferred from the Court of Appeals to the Supreme Court of Georgia.The Supreme Court of Georgia held that the appellant’s trial counsel did not render ineffective assistance by failing to stipulate to his felon status or by eliciting testimony about his juvenile history, as these were either not deficient or were reasonable strategic decisions. However, the Court found a merger error regarding the aggravated assault conviction for the non-fatal shot and vacated that conviction and sentence. The remainder of the judgment was affirmed. View "FRASER v. THE STATE" on Justia Law

The case concerns the conviction of a man for the malice murder of his wife, who was found beaten and stabbed to death in their Georgia home. The victim’s mother and son, after being unable to reach her, traveled from Chicago to Georgia and, with police assistance, eventually discovered her body concealed under a pile of clothes. The investigation revealed a history of controlling and violent behavior by the defendant toward the victim, evidence of his flight from Georgia to Chicago in the victim’s car, and his subsequent armed standoff with police in Chicago, during which he threatened suicide and possessed knives matching those found at the crime scene.A Henry County grand jury indicted the defendant for malice murder, felony murder, and aggravated assault. After a jury trial in the Superior Court of Henry County, he was found guilty on all counts and sentenced to life without parole. The defendant filed a motion for new trial, which was denied after an evidentiary hearing. He then appealed to the Supreme Court of Georgia.The Supreme Court of Georgia affirmed the convictions and sentence. The court held that trial counsel was not constitutionally ineffective for failing to request a specific jury instruction on impeachment by bias, as the instructions given sufficiently covered the concept. The court also found no plain error in the admission of certain forensic testimony and reports, concluding that any potential Confrontation Clause violation did not affect the outcome given the overwhelming evidence of guilt. The admission of evidence regarding knives found in the defendant’s possession was deemed intrinsic to the case and not unfairly prejudicial. Finally, the court rejected the claim of cumulative error, finding no denial of a fundamentally fair trial. View "FELTON v. THE STATE" on Justia Law

The case concerns an individual who was indicted for multiple offenses, including malice murder, felony murder predicated on aggravated assault, and related firearm charges, following the shooting death of a man in Clayton County, Georgia. The incident occurred after a confrontation in a motel parking lot, where witnesses reported that the defendant instructed a co-indictee to shoot the victim, resulting in the victim’s death nearly a year later from complications related to the gunshot wounds. The defendant initially pleaded not guilty but later entered a negotiated guilty plea to felony murder.The Superior Court of Clayton County accepted the guilty plea after a hearing in which the defendant completed a detailed waiver form and participated in a colloquy with the judge to confirm his understanding of his rights, including the right to withdraw his plea before sentencing. The court merged certain charges for sentencing, vacated others by operation of law, and sentenced the defendant to life in prison with the possibility of parole. The defendant did not attempt to withdraw his plea before or after sentencing but appealed, arguing that the trial court erred by accepting his plea without a sufficient factual basis and by requiring him to waive his right to withdraw the plea prior to sentencing.The Supreme Court of Georgia reviewed the appeal and held that the trial court satisfied the requirement to establish a factual basis for the plea, as the prosecutor’s proffered facts were sufficient to support the felony murder charge. The Court further held that the statutory right to withdraw a guilty plea before sentencing is waivable if the waiver is made knowingly, voluntarily, and intelligently, and found that the record demonstrated a valid waiver in this case. The Supreme Court of Georgia affirmed the conviction and sentence. View "PRIEST v. THE STATE" on Justia Law

Two individuals, India Royal and Cameron Woods, were found shot to death in their car in a Walmart parking lot in Riverdale, Georgia, on January 13, 2017. The investigation revealed that both victims were killed by 9mm bullets while seated in their vehicle, which contained evidence of drug distribution. Surveillance footage showed a distinctive white Mercury Mountaineer circling the parking lot before the shooting, and a tall man was seen exiting the Mountaineer, entering the victims’ car, and then leaving shortly before the Mountaineer drove away. The vehicle was registered to the appellant’s mother, who confirmed that her son, Deanthony Ealey, had possession of it that day. Cell phone records linked communications between Woods and a number associated with Ealey around the time of the murders. Ealey was later identified as the person driving the Mountaineer at a nearby ATM after the murders.The Superior Court of Clayton County tried Ealey on two counts of malice murder, two counts of felony murder, and two counts of aggravated assault. The jury found him guilty on all counts, and he was sentenced to consecutive life terms without parole. Ealey filed a motion for a new trial, which was denied after evidentiary hearings.The Supreme Court of Georgia reviewed Ealey’s appeal, in which he argued that the evidence was insufficient, that the trial court erred in admitting other-acts and hearsay evidence, that his counsel was ineffective, and that cumulative errors warranted reversal. The court held that the evidence was sufficient to support the convictions under both constitutional and Georgia statutory standards, that any errors in admitting other-acts or hearsay evidence were harmless, and that Ealey failed to show ineffective assistance or cumulative error. The Supreme Court of Georgia affirmed Ealey’s convictions and sentences. View "EALEY v. THE STATE" on Justia Law

On August 29, 2019, the appellant was involved in a fatal shooting at a hotel in Gwinnett County, Georgia. The incident arose from a planned drug transaction involving methamphetamine, in which the appellant, along with two co-defendants, participated. The victim, who was a friend of one co-defendant, was shot and killed during the attempted drug deal. The appellant was later arrested, and his statements to police, as well as his trial testimony, indicated his involvement in the conspiracy to possess methamphetamine with intent to distribute. Surveillance footage, witness testimony, and physical evidence corroborated the sequence of events leading to the shooting.A Gwinnett County grand jury indicted the appellant and others on multiple charges, including felony murder predicated on conspiracy to possess methamphetamine with intent to distribute. At trial in the Superior Court of Gwinnett County, the jury found the appellant guilty of felony murder based on the drug conspiracy, conspiracy to violate the Georgia Controlled Substances Act, and possession of a firearm during the commission of a crime. He was acquitted of other charges. The trial court sentenced him to life without parole plus a consecutive five-year term. After his motion for a new trial was denied, the appellant appealed.The Supreme Court of Georgia reviewed the case, focusing on whether the evidence was constitutionally sufficient to support the felony murder conviction predicated on the drug conspiracy. The Court held that the evidence, viewed in the light most favorable to the verdict, was sufficient for a rational jury to find the appellant guilty beyond a reasonable doubt. The Court concluded that a conspiracy to possess methamphetamine with intent to distribute is inherently dangerous and that the victim’s death was a reasonably foreseeable consequence of the conspiracy. The judgment was affirmed. View "PINION-LOPEZ v. THE STATE" on Justia Law

The case concerns an incident in which Roy Blane Dees attacked Jimmy Vance with a hammer in Vance’s front yard, resulting in Vance’s death a few days later. Several neighbors either witnessed or heard the attack and later identified Dees as the assailant. After the assault, Dees left the scene and was eventually apprehended at a nearby gas station. The evidence at trial included eyewitness testimony, a 9-1-1 call, and police body camera footage capturing witness statements at the scene.A Rockdale County grand jury indicted Dees on multiple charges, including malice murder, felony murder, aggravated assault, and aggravated battery. At trial in the Superior Court of Rockdale County, the jury found Dees guilty of felony murder predicated on aggravated assault and aggravated assault, but acquitted him of the other charges. The court sentenced Dees to life in prison without parole. Dees filed a motion for a new trial, which was denied, and then appealed his convictions.The Supreme Court of Georgia reviewed Dees’s claim that the trial court erred by admitting police officers’ testimony recounting what witnesses told them at the scene, arguing this was inadmissible hearsay. Because Dees did not object at trial, the Court applied the plain error standard. The Court held that, under Georgia law, hearsay evidence is admissible if not properly objected to, and no controlling authority required the trial court to exclude such evidence sua sponte. Therefore, the trial court did not commit plain error, and the Supreme Court of Georgia affirmed Dees’s convictions. View "DEES v. THE STATE" on Justia Law