Justia Georgia Supreme Court Opinion Summaries

Santron Prickett appealed his conviction for felony murder and other charges in connection with the 2010 death of Antwan Curry. Prickett argued on appeal that the trial court erred in denying his motion for a new trial because: (1) he received ineffective assistance of trial counsel when his attorney failed to stipulate to his status as a felon, thereby tainting the jury with evidence of Prickett’s prior criminal conviction; (2) his constitutional right to be present at all critical stages of the trial was violated when the trial court conferred with counsel out of his presence 26 times during trial; and (3) the trial court failed to rebuke the prosecutor and declare a mistrial, or, in the alternative, give a curative instruction to the jury following defense counsel’s objection to an improper comment by the prosecutor during closing arguments. Because the Georgia Supreme Court determined the trial court erred in sentencing Prickett, it vacated his convictions and sentences and remanded the case for resentencing. The Court affirmed in all other respects. View "Prickett v. Georgia" on Justia Law

Prior to his conviction for aggravated assault in this case, Turner Benton had been found guilty of three other felony offenses. However, for the first of those offenses, he was sentenced under Georgia’s First Offender Act and placed on probation. The Georgia Supreme Court granted Benton’s petition for a writ of certiorari in this case to consider whether his first-offender sentence became a “conviction” for purposes of OCGA § 17-10-7(c) when the record shows that his probation was revoked by the court multiple times, but where there was no adjudication of guilt. The Supreme Court found that for Benton’s first offense, the court’s revocation orders served only to revoke Benton’s probation, not his status as a first offender. Thus, upon the completion of his first-offender sentence, Benton was exonerated of the underlying offense by operation of law. The Supreme Court therefore determined that the trial court and the Court of Appeals erred in their determinations that Benton had been convicted of three felonies prior to his conviction in this case. Accordingly, the Supreme Court reversed the Court of Appeals and remanded this case with direction that Benton’s sentence be vacated and he be resentenced. View "Benton v. Georgia" on Justia Law

A conservator was appointed after the minor children’s grandmother had already brought a wrongful-death lawsuit on their behalf. The conservator tried in various ways to exercise his litigation powers, with the goal of dismissing the grandmother’s lawsuit and bringing a similar one in a different county. The conservator was eventually joined as an “involuntary plaintiff” in the grandmother’s lawsuit, and his further attempts to gain control of the litigation, in that court and others, were rejected. He appealed several rulings unfavorable to him, but the Court of Appeals concluded that he had forfeited his exclusive power under OCGA § 29-3-22 (a) (6) earlier in the case when he declined to join the grandmother’s case voluntarily and sought its dismissal. The Georgia Supreme Court granted certiorari and held that a conservator who declines to join preexisting litigation voluntarily and seeks to have that litigation dismissed does not thereby forfeit his exclusive power to participate in that litigation after he is joined as a party under OCGA § 9-11- 19 (a). So the Court reversed the Court of Appeals’ contrary holding, vacated the parts of the Court of Appeals’ opinion affected by it, and remanded the case to that court for further proceedings. View "Hall, et al. v. Davis Lawn Care Service, Inc., et al." on Justia Law

Appellant Arleshia Bridges appealed her convictions for malice murder and related crimes in connection with the 2010 shooting death of Anthony Rankins, Jr. On appeal, Bridges argued the trial court erred in denying her motion for a new trial based on the general grounds and in striking three prospective jurors. for cause. After review of the trial court record, the Georgia Supreme Court affirmed. View "Bridges v. Georgia" on Justia Law

Reginald Jones appealed his convictions for malice murder and related crimes in connection with the 2017 death of his girlfriend Faith Bittinger and her unborn child. On appeal. Jones argued: (1) the trial evidence was insufficient to establish he killed Bittinger with malice aforethought; and (2) trial counsel rendered ineffective assistance for calling Jones’ neighbor as a character witness, because in doing so, the State was then permitted to introduce prejudicial character witness. Finding no reversible error, the Georgia Supreme Court affirmed. View "Jones v. Georgia" on Justia Law

Shaun Walker was convicted by jury of malice murder and related crimes in connection with the 2017 shooting death of Antonio Ferguson. On appeal, Walker argued the evidence was insufficient to support his convictions. Finding no reversible error, the Georgia Supreme Court affirmed Walker’s convictions. View "Walker v. Georgia" on Justia Law

Rita Dugar was convicted for shooting Jon Townley at her ex-boyfriend’s home. She claimed she attempted to fire a warning shot because the boyfriend and Townley had been fighting. On appeal, Dugar raised four enumerations of error, all relating to her waiver of a jury trial. But finding no error, the Georgia Supreme Court affirmed Dugar’s conviction. View "Dugar v. Georgia" on Justia Law

Tahj Ruff was convicted of felony murder and related crimes in connection with the shooting death of Lynwood Williams. Ruff appealed, but the Georgia Supreme Court affirmed Ruff’s convictions. The matter was remanded to the trial court, however, to correct the calculation of Ruff’s sentence. View "Ruff v. Georgia" on Justia Law

Following a joint trial with co-defendant Shelton Jackson, Jarvis Mathews was convicted of felony murder, aggravated assault, and possessing a firearm during the commission of a felony for the 2001 fatal shooting of Grant Reynolds, and the non-fatal shootings of Larentae and Robert Mumphery. Finding no reversible error in the trial court judgment, the Georgia Supreme Court affirmed. View "Mathews v. Georgia" on Justia Law

Juan Harris was convicted by jury of murder and related crimes in connection with the 2001 death of Tony Morris. On appeal, Harris argued the trial court should have granted him a continuance to call missing witnesses, and that his trial counsel was ineffective for reasons relating to witness preparations and for withdrawing requests for jury charges. Finding no reversible error, the Georgia Supreme Court affirmed. View "Harris v. Georgia" on Justia Law