Justia Georgia Supreme Court Opinion Summaries

The case concerns the method by which county tax assessors in Georgia determine the fair market value of properties that qualify for federal low-income housing tax credits under Section 42 of the Internal Revenue Code. The property owner, who operates a Section 42 affordable housing complex, challenged the county’s assessment of the property’s value for tax purposes. The dispute centers on whether tax assessors may use the “income approach”—a method that estimates value based on projected income streams—when valuing such properties, given statutory limitations on how Section 42 tax credits may be considered as income.After the county tax assessors issued a notice valuing the property, the owner appealed to the Superior Court of Lowndes County. The assessors moved for partial summary judgment, arguing that, under existing precedent, the income approach could not be used because Section 42 tax credits do not generate “actual income” for the property owner. The trial court agreed and granted summary judgment on this issue. The Georgia Court of Appeals affirmed, relying on its prior decision in Freedom Heights, LP v. Lowndes County Board of Tax Assessors, which interpreted both the relevant statute and Supreme Court of Georgia precedent as prohibiting use of the income approach under these circumstances.The Supreme Court of Georgia reviewed the case to clarify the proper interpretation of the statute and its own precedent. The court held that tax assessors are permitted to use the income approach to determine the fair market value of Section 42 properties, even though Section 42 tax credits, as currently structured, may not be treated as “income” under that approach. The court overruled the contrary holding in Freedom Heights, reversed the judgment of the Court of Appeals, and remanded the case for further proceedings. View "GATEWAY PINES HAHIRA, LP v. LOWNDES COUNTY BOARD OF TAX ASSESSORS" on Justia Law

P&J Beverage Corporation filed a lawsuit against the City of Columbus, seeking to prevent the city from issuing an alcoholic beverage license to The Bottle Shop, LLC, and later sought to revoke the license after it was issued. P&J argued that The Bottle Shop’s location was too close to a daycare, which it claimed qualified as a “school” under city ordinances. The trial court granted summary judgment to P&J, invalidating The Bottle Shop’s license and enjoining its operation. The Bottle Shop’s attorney then emailed P&J’s attorney, referencing a potential claim for wrongful injunction if the appellate court reversed the trial court’s order, and requested a stay of the injunction pending appeal. P&J declined, and The Bottle Shop’s motion for a stay was denied by the trial court but later granted by the Court of Appeals, which ultimately reversed the trial court’s decision on the merits.Subsequently, The Bottle Shop sued P&J for both abusive litigation and wrongful injunction, seeking damages, attorney fees, and punitive damages. At trial, The Bottle Shop presented evidence of lost revenue, overhead costs, and attorney fees incurred during the period it was closed. The jury awarded substantial damages, attorney fees, and punitive damages. The trial court entered judgment accordingly. P&J moved for a directed verdict and for judgment notwithstanding the verdict, arguing, among other things, that The Bottle Shop failed to provide the statutory notice required for an abusive litigation claim. The trial court denied these motions, and the Court of Appeals affirmed, holding that the email satisfied the statutory notice requirement.The Supreme Court of Georgia reviewed the case and held that the email sent by The Bottle Shop did not satisfy the statutory notice requirement under OCGA § 51-7-84 (a) for an abusive litigation claim, as it failed to identify the civil proceeding as abusive litigation. The Court vacated the trial court’s judgment and remanded the case for further proceedings to determine what portion of the damages, if any, remain valid. View "P& J BEVERAGE CORPORATION v. THE BOTTLE SHOP, LLC" on Justia Law

The case concerns the fatal shooting of Jamaal Smith during an attempted robbery at an apartment complex in Warner Robins, Georgia, on November 16, 2020. On the night of the incident, Smith and two friends, Moss and Brown, accompanied Terrence Rouse to the complex, where Rouse intended to buy marijuana. Testimony established that Rouse, armed with a gun, persuaded Smith to accompany him to an apartment, where a confrontation and shooting occurred. Smith was shot and later died at the hospital. Moss and Brown, who were present at the scene, identified Rouse as the perpetrator. Physical evidence included a handprint on the car used to transport Smith and ballistics evidence, though the latter was inconclusive as to the fatal bullet’s source.After the incident, Rouse was indicted on multiple counts, including three counts of felony murder predicated on different felonies, as well as related charges. He was tried individually in the Superior Court of Houston County and found guilty on all counts except for possession of a firearm by a convicted felon, which was nolle prossed. The trial court sentenced Rouse to life with the possibility of parole on one count of felony murder, merging the remaining counts. Rouse’s motion for a new trial was denied.On appeal to the Supreme Court of Georgia, Rouse argued that the evidence was insufficient to support his conviction, that his trial counsel was ineffective for not publishing certain jail letters to the jury, and that the trial court erred in admitting testimony about a prior drug deal. The Supreme Court of Georgia held that the evidence was sufficient, counsel’s actions were reasonable trial strategy, and the evidentiary rulings were not an abuse of discretion. The court affirmed the conviction and sentence. View "ROUSE v. THE STATE" on Justia Law

The case concerns the fatal stabbing of Jason Cason, Jr. on November 10, 2022. Cason lived with Gary Mack, who testified that on the day of the incident, George Sharrod Johns, a friend and frequent visitor, entered Cason’s bedroom. Mack heard Cason plead, “[D]on’t hit me no more,” and soon after, saw Johns leave the apartment alone. Mack discovered Cason unresponsive and covered in blood, then saw Johns attempt to re-enter the apartment before leaving the area. Police later found bloodstains in Johns’s apartment matching Cason’s DNA. Forensic evidence established that Cason suffered 27 stab wounds, including defensive injuries, and died rapidly from chest wounds.A Fulton County grand jury indicted Johns for malice murder, felony murder, and aggravated assault. After a jury trial in December 2023, Johns was convicted on all counts. The trial court sentenced him to life in prison for malice murder, merging or vacating the other counts. Johns filed a motion for new trial, which was denied by the Superior Court of Fulton County in September 2024. He then appealed to the Supreme Court of Georgia.The Supreme Court of Georgia reviewed Johns’s claims that the evidence was insufficient, that the trial court erred in admitting certain autopsy photographs, and that his Confrontation Clause rights were violated by the testimony of a medical examiner who did not perform the autopsy. The court held that the evidence was constitutionally sufficient to support the conviction, the trial court did not abuse its discretion in admitting the autopsy photographs, and there was no Confrontation Clause violation because the testifying expert provided an independent opinion rather than relaying another’s findings. The court affirmed Johns’s convictions and sentence. View "JOHNS v. THE STATE" on Justia Law

In this case, the defendant was charged in connection with the armed robbery and murder of an individual named Deontavious Wright. The incident occurred when three men, including the defendant, entered an apartment where Deontavious lived, along with several other people and two young children. One of the men, Rucker, held Deontavious at gunpoint, demanded drugs and money, and ultimately shot Deontavious multiple times after taking his possessions. The defendant was identified by three eyewitnesses who recognized him despite his mask, based on his clothing, physical features, and voice. Cell phone location data also placed the defendant near the scene at the relevant time. The defendant and his alibi witness testified that he was elsewhere during the crime.The Superior Court of Fulton County conducted a joint jury trial for the defendant and his co-defendants. The jury found the defendant guilty of felony murder predicated on home invasion, armed robbery, aggravated assault, cruelty to children, and firearm possession offenses, but acquitted him of malice murder and one count of aggravated assault. The court sentenced him to life imprisonment and additional terms for the other convictions. The defendant filed a motion for a new trial, which was denied, and then appealed.The Supreme Court of Georgia reviewed the case. It held that the evidence was constitutionally sufficient to support the convictions, as the jury was entitled to credit the eyewitness identifications and the corroborating cell phone evidence. The Court also found that the trial court did not err in admitting a co-defendant’s non-testimonial statements under Bruton v. United States, as those statements were not made for prosecutorial purposes. Finally, the Court held that the trial court did not abuse its discretion in denying the defendant’s motion to sever his trial from his co-defendants. The Supreme Court of Georgia affirmed the convictions. View "IVORY v. THE STATE" on Justia Law

In this case, the defendant and the victim lived in separate rooms at the same motel. The defendant testified that a dispute arose after he refused to sell marijuana to the victim’s girlfriend, leading to several tense encounters between the defendant and the victim. On the day of the incident, the defendant, armed with a gun, approached the victim’s room under the pretense of checking on him. An argument ensued, during which the defendant claimed to feel threatened by the victim, who was larger and allegedly aggressive with a broom. The defendant shot the victim multiple times, resulting in the victim’s death. A witness in the room described the conversation as initially calm but escalating, and testified to hearing gunshots and seeing the defendant leave. The defendant was later arrested, and the murder weapon was recovered.A DeKalb County grand jury indicted the defendant for malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a felony. After a jury trial in the Superior Court of DeKalb County, the defendant was found guilty on all counts. The trial court sentenced him to life imprisonment for malice murder and a consecutive five-year term for the firearm offense, with the remaining counts merged or vacated. The defendant’s motion for new trial, and an amended motion through new counsel, were denied.The Supreme Court of Georgia reviewed the case. The court held that the trial court did not err in refusing to instruct the jury on voluntary manslaughter, as there was no evidence the defendant acted out of sudden, violent passion rather than fear or self-defense. The court also found no plain error in the prosecutor’s reference to the defendant’s invocation of his right to counsel during interrogation, as any potential error was harmless given the strong evidence of guilt. Finally, the court ruled that the defendant’s ineffective assistance claims were waived because they were not raised at the earliest practicable moment. The convictions were affirmed. View "HENDERSON v. THE STATE" on Justia Law

The case concerns a defendant who, after leading police on a high-speed chase that resulted in a fatal crash killing his passenger, was charged with multiple offenses, including felony murder and vehicular homicide. On the day his trial was set to begin, the defendant agreed to plead guilty to certain charges in exchange for the State withdrawing its notice seeking a recidivist sentence of life without parole and dismissing several other counts. During the plea colloquy, the defendant confirmed under oath that he understood the proceedings, his rights, and the consequences of his plea, despite having a history of seizures and reportedly experiencing a seizure about an hour before the plea.After sentencing, the defendant, represented by new counsel, moved to withdraw his guilty plea, arguing that it was not knowing or voluntary due to the seizure he allegedly suffered before the plea. At the hearing on the motion, his former counsel testified that she observed an incident consistent with a seizure but took steps to ensure the defendant was oriented and understood the proceedings before proceeding. The defendant testified that he did not recall the plea or the seizure but acknowledged answering questions during the colloquy. The Superior Court of the relevant county denied the motion, finding the defendant’s testimony not credible and crediting plea counsel’s account and the plea transcript.The Supreme Court of Georgia reviewed the case and affirmed the trial court’s denial of the motion to withdraw the guilty plea, holding that the record supported the conclusion that the plea was knowing and voluntary. The Court also sua sponte vacated the sentence for vehicular homicide, as it merged by law with the felony murder conviction involving the same victim. The judgment was thus affirmed in part and vacated in part. View "ROBINSON v. THE STATE" on Justia Law

Williams was convicted of malice murder and related offenses after the shooting death of his fiancée, Doninjae Jackson-Neals, in their DeKalb County apartment. The couple had a tumultuous relationship, as evidenced by text messages and testimony. On the morning of the incident, a neighbor heard sounds of a struggle from their apartment, followed by Williams fleeing the scene. Williams later called 911, claiming the shooting was accidental while demonstrating gun safety. Forensic evidence showed the gun was pressed against the victim’s head when fired, contradicting Williams’s account. Williams was arrested at the scene and gave a statement to police.After a mistrial in his first proceeding, Williams was retried in the Superior Court of DeKalb County and found guilty on all counts. He was sentenced to life imprisonment with the possibility of parole for malice murder, plus additional terms for aggravated assault and firearm possession. Williams filed a motion for new trial, which was amended by new counsel. The trial court denied the motion on substantive grounds but granted it as to the merger of aggravated assault into malice murder, indicating a need for resentencing on that issue. Williams then appealed to the Supreme Court of Georgia.The Supreme Court of Georgia reviewed Williams’s claims of ineffective assistance of counsel. The Court held that Williams failed to preserve for review his claims regarding his counsel’s failure to object to certain testimony and related comments during closing argument. As to his remaining claims about the State’s opening statement, the Court found no prejudice, given the trial court’s instructions and the strength of the evidence against Williams. The Court affirmed the judgment, leaving open the possibility of resentencing to correct the merger error. View "WILLIAMS v. THE STATE" on Justia Law

The case concerns Kenneth Robinson, who was convicted of malice murder and other offenses related to the shooting death of Devontae Jones and the aggravated assault of Charmisa Witherspoon. The evidence showed that Robinson, age fourteen at the time, was involved with the 9 Trey Bloods gang. After a gang member, Jesus Cintron, disappeared, the gang’s leader plotted to kill Witherspoon and her son, fearing Witherspoon would cooperate with law enforcement. Robinson and other gang members went to Witherspoon’s house, where Robinson participated in the assault. Witherspoon escaped, but her son was killed. Robinson was tried alongside several co-defendants.The Superior Court of Fulton County granted Robinson a directed verdict on several counts and dead docketed one count, later nol prossed. The jury found Robinson guilty on the remaining counts except one. He was sentenced to life plus forty-five consecutive years. Robinson filed a motion for new trial, which was denied. His initial appeal was dismissed due to a pending count, but after that count was nol prossed, he filed an amended notice of appeal.The Supreme Court of Georgia reviewed the case. Robinson argued that his trial counsel was ineffective for failing to communicate a plea offer, that his sentencing procedure violated constitutional and statutory rights, that the trial court misunderstood its sentencing discretion, and that certain counts should have merged for sentencing. The court held that trial counsel did communicate the plea offer, so there was no deficient performance. The court also found no constitutional or statutory violation in the sentencing procedure, noting that neither Robinson nor his counsel objected or requested to be heard. Claims regarding the trial court’s sentencing discretion and merger of counts were found to be waived or without merit. The Supreme Court of Georgia affirmed Robinson’s convictions. View "ROBINSON v. THE STATE" on Justia Law

Two men, Ratliff and Calvert, traveled from Mississippi to Dublin, Georgia, to retrieve a firearm. Upon arrival at a ballpark, they met with a man in a red car, and shortly after, a black car arrived with several masked men. The group, including the man from the red car, brandished weapons, forcibly removed Calvert from the vehicle, and pistol-whipped him. During the chaos, Ratliff attempted to flee but was fatally shot in the back with a Draco-style gun. The assailants stole Calvert’s phone and fled. Later, Jeremiah Fripp and another man, Salter, went to a police station in South Carolina, where Fripp admitted to the shooting. A search of Fripp’s car revealed the murder weapon, which was traced back to Ratliff as the original purchaser.A Laurens County grand jury indicted Fripp on multiple charges, including malice murder, felony murder, armed robbery, aggravated assault, and possession of a firearm during the commission of a felony. After a jury trial, Fripp was convicted on all counts. The Superior Court of Laurens County sentenced him to life without parole for malice murder, with additional consecutive sentences for armed robbery and firearm possession. Fripp’s motions for a new trial were denied.On appeal, the Supreme Court of Georgia reviewed Fripp’s claims that the evidence was insufficient, his counsel was ineffective for not pursuing an alibi defense, and the trial court erred in its jury instruction on coercion. The Court held that the evidence, including Fripp’s admissions and physical evidence, was sufficient for conviction. It found no prejudice from counsel’s failure to call alibi witnesses, as none were identified or presented. The Court also determined that any error in the coercion instruction was harmless given the strength of the evidence and the overall jury instructions. The judgment was affirmed. View "FRIPP v. THE STATE" on Justia Law