Justia Georgia Supreme Court Opinion Summaries

The case concerns a shooting death that occurred on November 24, 2015. The victim, Jeffery Anderson, was found shot twice in the head at his residence. Investigators determined that Anderson was a member of the Nine Trey gang and owed money to Gordon Evans, who held a leadership position in the gang. Evidence showed that Evans ordered two fellow gang members, Dossie Mann and Durell Lewis, to kill Anderson after Anderson failed to repay the debt. Mann and Lewis carried out the murder, and Evans later attempted to prevent Mann from testifying by ordering another gang member to kill Mann and his family. Evans was indicted on multiple charges, including malice murder, felony murder, aggravated assault, aggravated battery, false imprisonment, and criminal gang activity.The Superior Court of Gwinnett County held a jury trial in August 2018, where Evans was found guilty on all charges. He was sentenced to life in prison without parole for malice murder, with additional consecutive and concurrent sentences for other offenses. Evans filed a motion for a new trial, which was denied after a hearing in October 2024. He then appealed, challenging the admission of certain evidence and alleging ineffective assistance of counsel.The Supreme Court of Georgia reviewed the case. The court held that the admission of a letter found in Evans’s prison locker did not violate the Confrontation Clause because the author testified and was cross-examined. Any hearsay error was deemed harmless, as the evidence was cumulative. The court also found no abuse of discretion in admitting a handwriting expert’s testimony and upheld the admission of Mann’s videotaped interview under the forfeiture by wrongdoing doctrine. Evans’s claims of ineffective assistance of counsel were rejected. However, the court vacated the sentences for aggravated assault and aggravated battery, finding they should have merged with the murder conviction. The judgment was affirmed in part and vacated in part. View "Evans v. State" on Justia Law

A group of broadband internet providers in Georgia entered into contracts with the Georgia Department of Transportation to install and maintain their equipment along public rights of way. These contracts set annual permit fees and included a clause stating that the contracts would remain in effect until the parties entered into a new agreement. In 2021, the Department amended its rules, increasing permit fees and requiring providers to sign new contracts. The providers refused, and the Department notified them that, absent new agreements, they would be subject to the new rules. The providers then filed suit, seeking a declaratory judgment that their contracts were enforceable, not terminable at will, and that the Department’s actions impaired their contractual rights in violation of the United States and Georgia Constitutions.The Superior Court denied the State’s motion to dismiss, finding that sovereign immunity was waived under Article I, Section II, Paragraph V(b) of the Georgia Constitution because the providers sought declaratory relief from alleged unconstitutional acts. The court granted summary judgment to the providers, holding that the contracts were enforceable and not terminable at will by the Department.On appeal, the Supreme Court of Georgia reviewed the case. The Court agreed with the lower court that sovereign immunity was waived for this declaratory judgment action, as the providers sought relief from acts allegedly violating constitutional provisions. However, the Supreme Court of Georgia disagreed with the trial court’s interpretation of the contracts. It held that the contracts were of indefinite duration and, under longstanding Georgia law, were terminable at will by either party with notice. The Court affirmed the waiver of sovereign immunity but vacated the judgment granting declaratory and injunctive relief, remanding the case for further proceedings consistent with its opinion. View "State v. Dovetel Communication, LLC" on Justia Law

On November 18, 2020, Juanita McFadden was shot and killed in the entrance hall of an apartment shared by Carl Crawford and his roommate, Jarvon Whitehead, in Cobb County, Georgia. The evidence at trial showed that McFadden and Crawford had a tumultuous relationship, with frequent arguments and occasional physical altercations. On the night of the incident, McFadden came to the apartment to collect her belongings, and after a heated exchange, Crawford shot her multiple times. Crawford claimed self-defense, asserting that he suffered from battered person syndrome due to his relationship with McFadden. The investigation revealed that McFadden was unarmed at the time of the shooting, and Crawford admitted to shooting her after she allegedly struck him.A Cobb County grand jury indicted Crawford on several charges, including malice murder and felony murder. After a jury trial in March 2022, Crawford was found guilty on all counts except theft by taking. He was sentenced to life without parole for malice murder and received a consecutive five-year sentence for possession of a firearm during the commission of a felony. Crawford filed a motion for a new trial, which was amended and heard in 2023, but the Cobb County Superior Court denied the motion. Crawford then appealed to the Supreme Court of Georgia.The Supreme Court of Georgia reviewed Crawford’s claims, including alleged errors in the admission of character evidence, hearsay testimony, lay opinion testimony, and cumulative error. The Court held that Crawford failed to demonstrate plain error or prejudice affecting the outcome of his trial. The Court found that any errors in admitting certain evidence were harmless given the strong evidence of guilt and that the cumulative effect of any errors did not deprive Crawford of a fundamentally fair trial. The Supreme Court of Georgia affirmed Crawford’s convictions and sentences. View "Crawford v. State" on Justia Law

On October 28, 2015, two high school students, Darious Anderson and Stanley Winston, attempted to sell a revolver with the help of 17-year-old Spencer Robinson. After failing to find a buyer, the three walked through a neighborhood shortcut. There, Robinson asked to hold the gun, then pointed it at Anderson and Winston, declaring he was taking it. He told them to run before he started shooting, and as they fled, Robinson fired multiple shots, striking Anderson, who later died from his injuries. Winston initially gave police a false account but later identified Robinson as the shooter. Robinson was apprehended after fleeing from police and gave inconsistent statements, ultimately claiming Winston accidentally fired the gun.A DeKalb County grand jury indicted Robinson for malice murder, felony murder, aggravated assault (against both Anderson and Winston), and firearm possession during the commission of a felony. At trial in the Superior Court of DeKalb County, the jury found Robinson guilty of all counts except malice murder. He was sentenced to life imprisonment for felony murder, with additional consecutive sentences for aggravated assault and firearm possession. Robinson’s motion for a new trial was denied.The Supreme Court of Georgia reviewed Robinson’s appeal, in which he argued that the evidence was insufficient for his conviction for aggravated assault against Winston, that the trial court erred by not instructing the jury on accomplice corroboration, that his trial counsel was ineffective in several respects, and that cumulative errors warranted a new trial. The Court held that the evidence was sufficient, the trial court did not plainly err in its jury instructions, and that any possible deficiency by trial counsel did not prejudice Robinson’s defense. The Court also found no cumulative prejudice requiring a new trial. Accordingly, the Supreme Court of Georgia affirmed Robinson’s convictions and sentences. View "Robinson v. State" on Justia Law

On the night of March 10, 2020, Donnell Graham was fatally shot as he left the fast-food restaurant where he worked in Richmond County, Georgia. Prior to the shooting, Kenneth Green had threatened Graham during a phone call, stating he knew where Graham worked and when he finished his shift. On the night of the incident, Kenneth arranged for Ashley Jones to drive him to pick up Kendrick Green (the appellant) and Torjae Tanksley. Jones testified that Kenneth discussed a plan with Green and Tanksley, who both indicated their readiness. Surveillance footage and eyewitness testimony placed Green and Tanksley at the scene, and after the shooting, both were seen fleeing. Jones further testified that after the shooting, Kenneth asked Green and Tanksley if they had “handled that,” to which both replied affirmatively.A Richmond County grand jury indicted Green, Kenneth, Tanksley, and Jones for malice murder, felony murder predicated on aggravated assault, and possession of a firearm during the commission of a felony. Green, Kenneth, and Tanksley were jointly tried before a jury in October 2023, with Jones testifying against them under an immunity agreement. The jury convicted Green of felony murder and possession of a firearm, but acquitted him of malice murder. The trial judge sentenced Green to life without parole for felony murder and a consecutive five-year term for the firearm charge. Green filed a motion for new trial, which was denied by the Superior Court of Richmond County.The Supreme Court of Georgia reviewed Green’s appeal, in which he argued that the evidence was wholly circumstantial and insufficient under OCGA § 24-14-6. The Court held that the statute did not apply because the State presented direct evidence, including Green’s own admissions as testified to by Jones. The Supreme Court of Georgia affirmed Green’s convictions. View "Green v. State" on Justia Law

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