Justia Georgia Supreme Court Opinion Summaries

Jeffrey Peacock was convicted of five counts of malice murder and other crimes related to the shooting deaths of Jonathan Edwards, Jr., Alecia Norman, Reid Williams, Jones Pidcock, and Jordan Croft; the burning of their home; and the killing of three dogs. On appeal, he contended: (1) the evidence presented at trial was insufficient to sustain his convictions for malice murder and the associated possession of a firearm during the commission of a felony; (2) the trial court erred in denying his motion to suppress evidence found during the search of his truck; (3) his trial counsel provided ineffective assistance by failing to seek to suppress his statements to a GBI agent who allegedly provided him a hope of benefit in violation of OCGA § 24-8-824; and (4) his cruelty-to-animals convictions and sentences should have been for misdemeanors rather than felonies based on the rule of lenity. Finding no reversible error, the Georgia Supreme Court affirmed. View "Peacock v. Georgia" on Justia Law

Jaquavious Reed appealed his conviction for murder and other charges in connection with the death of Antwan Curry. On appeal, Reed argued: (1) the evidence was insufficient to support his convictions; (2) he was denied due process due to an inordinate delay in the appellate process; (3) he was denied the right to be present at every critical stage of the trial when the trial court conferred with counsel at 26 bench conferences; (4) the Fulton County District Attorney’s Office (the “DA’s office”) should have been disqualified because his attorney of record was employed by the DA’s office at the time of trial; (5) he was denied due process when the State failed to preserve a true and correct copy of the full trial transcript including the bench conferences; (6) he was denied the right to effectively confront his accusers when the State failed to turn over exculpatory Crime Stoppers reports in violation of Brady v. Maryland, 373 U.S. 83, 87 (1963); (7) the trial court committed reversible error by refusing his request for a continuance to allow time to investigate a “surprise witness” presented by the State; (8) he received ineffective assistance of counsel with regard to the bench conferences, the incomplete transcript, and his trial counsel’s failure to object to the “presumption of truthfulness” jury charge; and (9) the trial court erred in sentencing him for both murder and felony murder. Although the Georgia Supreme Court agreed with Reed that the trial court erred in imposing his sentence and it vacated his conviction for felony murder and remand for resentencing, the Supreme Court otherwise affirmed. View "Reed v. Georgia" on Justia Law

In 2002, Douglas Coe, Jacqueline Coe, and GFLIRB, LLC (collectively the “Coes”) were involved in the sale of a company in which they held a substantial interest. Their accountants, BDO Seidman, LLP (“BDO”), advised them of a proposed tax strategy in which the Coes could invest in distressed debt from a foreign company in order to offset their tax obligations. In connection with the proposed tax strategy, BDO advised the Coes to obtain a legal opinion from an independent law firm, Proskauer Rose LLP (“Proskauer”). The Coes followed BDO’s advice, obtained a legal opinion from Proskauer, and claimed losses on their tax returns as a result. But in 2005, the Internal Revenue Service (“IRS”) initiated an audit, which ultimately led to a settlement in 2012. After settling with the IRS, the Coes filed suit against Proskauer in December 2015, asserting legal malpractice, breach of fiduciary duty, fraud, negligent misrepresentation, and other claims. After limited discovery on whether the statute of limitation barred the Coes’ claims, the trial court concluded that it did and granted summary judgment in favor of Proskauer, and the Court of Appeals affirmed. The Georgia Supreme Court concluded the Court of Appeals erred in determining that the Coes failed, as a matter of law, to exercise reasonable diligence to discover Proskauer’s allegedly fraudulent acts. Judgment was reversed and the matter remanded to the trial court for further proceedings. View "Coe, et al. v. Proskauer Rose, LLP" on Justia Law

At issue before the Georgia Supreme Court in this case was an agreement between the Director of the Judicial Qualifications Commission (“JQC”) and the City of Atlanta Municipal Court Judge Terrinee Grundy. The agreement would resolve formal charges against Judge Gundy, alleging excessive tardiness and absenteeism, with a suspension of 30 to 90 days and a public reprimand, pursuant to Rule 23 of the JQC’s Rules. The Supreme Court accepted the agreement and ordered Judge Gundy be suspended without pay for 90 days and publicly reprimanded. View "Inquiry concerning Judge Terrinee Gundy" on Justia Law

Eric Wheeler appealed his convictions for murder, aggravated assault, and other crimes arising from the 2003 fatal shooting of Sonya Corbett and non-fatal shooting of Albert Carter. Wheeler’s sole contention of error was that the trial court should have suppressed evidence of a gun, an empty ammunition box, and bloody clothing that were seized as the result of an allegedly unconstitutional search. The Georgia Supreme Court determined any error was harmless, because Wheeler admitted shooting the victims. The Court thus affirmed his convictions. Wheeler’s sentence was vacated, however, because the Supreme Court noticed an issue as to two counts that the trial court purported to merge into other counts, but also entered sentences on those same counts. The matter was remanded for resentencing. View "Wheeler v. Georgia" on Justia Law

Marion Adkins, Jr. was convicted by jury of malice murder and other crimes in connection with the 2019 shooting death of Latisha Gresham. He appealed, contending that the circumstantial evidence presented at trial failed to exclude all other reasonable hypotheses, such as the commission of the crime by some unknown assailant or Gresham’s possible suicide, and was therefore insufficient to support his conviction. Adkins also argued that the trial court erred by not instructing the jury on “grave suspicion.” Finding no reversible error, the Georgia Supreme Court affirmed. View "Adkins v. Georgia" on Justia Law

Aurie Bonner, III was convicted of murder in connection with the 2012 death of Christine Cook. On appeal, he contended his trial counsel rendered ineffective assistance. After review, the Georgia Supreme Court disagreed Bonner’s trial counsel rendered constitutionally ineffective assistance and affirmed his conviction and sentence. View "Bonner v. Georgia" on Justia Law

Samuel Jones was convicted by jury of malice murder and other crimes in connection with the 2018 shooting death of Terrance Gibson. In consolidated cases, Jones argued on appeal that the trial court erred by refusing to charge the jury on voluntary manslaughter and that his trial counsel provided constitutionally ineffective assistance. The Georgia Supreme Court disagreed with both contentions and affirmed. View "Jones v. Georgia" on Justia Law

Riki Ray Albury was convicted of malice murder and other crimes in connection with the 2018 stabbing death of Ronald Roach. On appeal, Albury contended the trial court erred by failing to excuse two jurors for cause and by admitting a particular autopsy photograph into evidence, and that Albury’s trial counsel provided constitutionally ineffective assistance. Seeing no error, the Georgia Supreme Court affirmed. View "Albury v. Georgia" on Justia Law

The Georgia Division of Family and Children Services (DFCS) was the temporary custodian of Appellants John and Brittani Chandler’s three children. The Chandlers sought a determination they had constitutional and statutory rights to object on religious grounds to DFCS’s immunization of their children. Because the juvenile court applied the wrong standard in finding that the Chandlers’ religious objection was insincere, the Georgia Supreme Court vacated the trial court’s order and remanded this case for application of the correct standard. View "In the Interest of C.C. et al., children" on Justia Law