Justia Georgia Supreme Court Opinion Summaries

Anthony Perryman-Henderson was convicted of malice murder and other crimes in connection with the 2017 shooting death of Tanaya Dunlap. On appeal, Perryman-Henderson contended: (1) his trial counsel provided ineffective assistance by failing to “correct” the medical examiner’s testimony about the range the fatal shot was fired from; and (2) the trial court committed plain error by commenting on the State’s characterization of the medical examiner’s range-of-fire testimony in a way that could be taken as endorsement of it. Finding no reversible error, the Georgia Supreme Court affirmed Perryman-Henderson's convictions. View "Perryman-Henderson v. Georgia" on Justia Law

Rico King was convicted by jury of the 2018 malice murder of Michael Brooks and possession of a firearm during the commission of a felony based on shooting Brooks. King argued on appeal: (1) that the trial court erroneously denied King’s motion for a new trial on the “general grounds”; (2) the trial court should not have allowed witness testimony and closing arguments about voluntary intoxication; (3) the trial court plainly erred by admitting character evidence about King’s alleged past alcohol and illegal drug use; and (4) that King received constitutionally ineffective assistance of counsel. Finding no reversible error, the Georgia Supreme Court affirmed King's convictions. View "King v. Georgia" on Justia Law

Appellant Eric Greene was convicted of malice murder and theft by taking in connection with the strangling death of Sheila Bryant in January 2019. On appeal, Greene contended that the evidence was legally insufficient to support his convictions and that the trial court erred: (1) by denying Greene’s motion to suppress his statement taken on February 18, 2019; (2) by admitting improper extrinsic evidence; (3) by admitting overly graphic autopsy photographs; (4) by allowing the State to present harmful and non-probative evidence from Greene’s cell phone showing that he conducted internet searches pertaining to rape; and (5) by failing to instruct the jury on mere presence and corroboration of a defendant’s statement. Finding no reversible error, the Georgia Supreme Court affirmed Greene's convictions. View "Greene v. Georgia" on Justia Law

Appellant Joshua Leonard was convicted by jury of malice murder and related crimes arising from the August 2010 shooting of Calvin Grimes, which resulted in Grimes’ death approximately ten months later from complications related to gunshot wounds. On appeal, Leonard argued the trial court erred in five respects and that he was prejudiced by the cumulative effect of those errors. Finding no reversible error, the Georgia Supreme Court affirmed. View "Leonard v. Georgia" on Justia Law

Appellant Phillip Blocker appealed his convictions for malice murder, participation in criminal street gang activity, and related offenses in connection with the 2010 shooting death of Eric Smith. Appellant argued on appeal: (1) insufficient evidence supported his conviction for participating in criminal street gang activity; (2) the trial court abused its discretion in admitting as an excited utterance a hearsay statement that Appellant had just shot someone; and (3) trial counsel was ineffective for (a) failing to object to the State’s closing argument that Appellant was guilty of participating in criminal street gang activity, (b) introducing photographic evidence depicting one of Appellant’s friends holding a gun and “throwing” possible gang signs, (c) failing to object to the admission of surveillance video capturing events surrounding the shooting, and (d) failing to request a jury charge informing the jury that Appellant’s out-of-court statements could not be believed without corroboration. Finding no reversible error, the Georgia Supreme Court affirmed Blocker's convictions. View "Blocker v. Georgia" on Justia Law

The three plaintiffs in this case had each rented rooms at an extended-stay motel for some time. They fell behind on their rent and were threatened with immediate eviction. They sued to stop that from happening, claiming that they were in a landlord-tenant relationship with the motel and could not be evicted without dispossessory proceedings in court. The motel argued that it had signed agreements with the plaintiffs that foreclosed their claims because, among other things, the agreement stated that their relationship was one of “Innkeeper and Guest,” and “not . . . Landlord and Tenant.” The trial court agreed with plaintiffs, and the Court of Appeals affirmed. After its review, the Georgia Supreme Court vacated the appellate court's opinion and remanded with direction for the trial court to determine the parties' relationship under the proper legal framework. View "Efficiency Lodge, Inc. v. Neason, et al." on Justia Law

Undrea Burley was convicted by jury of felony murder in connection with the beating death of Joshua Brooks. Burley contended the trial court plainly erred by failing to instruct the jury sua sponte on the elements of malice murder because the indictment charged Burley and his co-defendants, Wesley Adams and Demetrious Smith, with felony murder predicated on “aggravated assault with intent to murder.” The Georgia Supreme Court found the trial court’s instructions concerning the offenses of felony murder and aggravated assault with intent to murder, though erroneous, did not constitute plain error requiring reversal. Therefore, the Court affirmed the judgment of conviction. View "Burley v. Georgia" on Justia Law

Matthew Copeland was convicted of felony murder and related crimes in connection with the 2012 shooting death of Carlos Glenn. Copeland contended that the evidence was constitutionally insufficient to support his convictions and that his trial counsel rendered constitutionally ineffective assistance. The Georgia Supreme Court found the evidence was sufficient: the only disputed question was whether the shooting was justified, and the jury was entitled to discredit Copeland’s testimony that he shot Glenn in self-defense. And, although trial counsel admitted he relied on outdated precedent in seeking the admission of evidence about Glenn’s criminal convictions, the Court determined Copeland failed to establish that such evidence would have been admissible even under the applicable standard, so he has not shown the prejudice necessary to prevail on his claim of ineffective assistance. The Court therefore affirmed his convictions and sentence. View "Copeland v. Georgia" on Justia Law

Geovanni Perez was convicted of felony murder and a firearm offense in connection with the 2018 shooting death of Rahmier Gardner. Perez contended on appeal: (1) that the evidence was constitutionally insufficient to support his conviction for felony murder based on armed robbery; (2) the trial court erred by denying his motions to suppress certain evidence; and that he was improperly sentenced. Seeing no error, the Georgia Supreme Court affirmed. View "Perez v. Georgia" on Justia Law

In 2012, Southern States Chemical, Inc. and Southern States Phosphate and Fertilizer Company (collectively, “Southern States”) sued Tampa Tank & Welding, Inc. (“Tampa Tank”) and Corrosion Control, Inc. (“CCI”), claiming damages from a faulty, leaky storage tank that Tampa Tank had installed in 2002. After a decade of litigation and multiple appeals, the trial court dismissed Southern States’s claims with prejudice, concluding that the claims were barred by the applicable statute of repose. Southern States appealed, but finding no reversible error in the trial court's judgment, the Georgia Supreme Court affirmed dismissal. View "Southern States Chemical, Inc. et al. v. Tampa Tank & Welding, Inc." on Justia Law