Justia Georgia Supreme Court Opinion Summaries

In September 2018, a grand jury returned an indictment charging James Burns, a police officer with the Atlanta Police Department, with crimes connected to a June 2016 on-duty shooting. Burns filed a “Plea in Abatement/Motion to Quash Indictment” arguing that the State failed to provide him his substantive rights under former OCGA sections 17-7-52 and 45-11-4. The trial court denied the motion. The Georgia Supreme Court granted Burns’s application for an interlocutory appeal to review whether the 2016 amendments to OCGA sections 17-7-52 and 45-11-4 applied when an indictment was sought after the effective date of the amendments with respect to crimes allegedly committed prior to the effective date. While the Supreme Court disagreed with the trial court’s reasoning in denying Burns’s motion, it agreed that the 2016 amendments at issue applied to Burns’s prosecution, so the Supreme Court affirmed the judgment of the trial court. View "Burns v. Georgia" on Justia Law

The Georgia Supreme Court granted certiorari to consider whether a plaintiff could receive a full recovery under OCGA 13-6-11 and OCGA 9-11-68(b)(2). Because the Court concluded the provisions provided for different recoveries despite using somewhat similar measures for calculating the respective amount of damages or sanction, a prevailing plaintiff could recover under each statutory provision without regard to any recovery under the other. Accordingly, the Court reversed the decision of the Court of Appeals and remanded this case with direction that the case be remanded to the trial court for reconsideration of the plaintiff’s claim for attorney fees and litigation expenses pursuant to OCGA 9-11-68(b)(2). View "Junior v. Graham" on Justia Law

In Case No. S21A0899, Lynnette Riley, the former State Revenue Commissioner, appealed the partial grant of summary judgment in favor of petitioner Georgia Association of Club Executives (“GACE”), contending that the trial court erred by permanently enjoining the enforcement of OCGA 15-21-201(1)(B) – one of the definitions of “adult entertainment establishment” – based on the court’s ruling that the provision was unconstitutionally vague. In Case No. S21X0900, GACE cross-appealed, contending the trial court erred in granting partial summary judgment in Riley’s favor on the remaining claims of GACE’s petition, arguing that OCGA 15-21-209, by imposing an annual assessment on adult entertainment establishments, violated constitutional due process and free speech protections. Although these appeals presented challenges to the constitutionality of state statutes, the Georgia Supreme Court did not address the merits of the appellant’s or the cross-appellant’s claims of error. Instead, the Court vacated the trial court’s summary judgment order and subsequent final judgment because the Court determined GACE’s action against Riley was moot when the trial court ruled. "Because Riley was no longer Revenue Commissioner at the time the trial court entered its summary judgment order and subsequent final judgment, an injunction against her in her individual capacity could not give GACE the relief it seeks. ... A court may not address the constitutionality of the tax at issue absent the presence of a proper defendant in the action." View "Riley v. Georgia Assn. of Club Executives., Inc." on Justia Law

In December 2018, Phillip Doe filed suit against Saint Joseph’s Catholic Church, Archbishop Wilton Gregory, and the Archdiocese of Atlanta (collectively, “the Church”), asserting various tort claims based in part on childhood sexual abuse Doe allegedly suffered while serving as an altar boy at Saint Joseph’s in the late 1970s. The trial court granted the Church’s motion to dismiss, ruling, in pertinent part, that Doe’s “non-nuisance tort claims” were barred by the applicable two-year statute of limitation, OCGA 9-3-33,2 and could not be tolled for fraud by OCGA 9-3-96. A divided panel of the Court of Appeals affirmed. The Georgia Supreme Court affirmed in part and reversed in part the Court of Appeals, finding that although the trial court correctly determined that Doe’s claim seeking to hold the Church vicariously liable under the doctrine of respondeat superior was time-barred, the court erred in concluding at the motion-to-dismiss stage that Doe could not introduce evidence of fraud within the framework of his complaint sufficient under OCGA 9-3-96 to toll the limitation period as to his claims of negligent training and supervision, negligent retention, negligent failure to warn and provide adequate security, breach of fiduciary duty, and fraudulent misrepresentation and concealment. View "Doe v. St. Joseph's Catholic Church, et al." on Justia Law

The Judicial Qualifications Commission (JQC) sought approval of the discipline by consent agreement between the Director of the JQC and JaDawnya Baker, Judge of the Municipal Court of Atlanta, to resolve the formal charges brought against Judge Baker with the issuance of a public reprimand. The agreement, entered into between the JQC Director and Judge Baker, was submitted to the JQC’s Hearing Panel, which approved the agreement and filed it with the Supreme Court for approval. Because Judge Baker’s admitted violations of periodically dismissing cases without the legal authority to do so justified the recommended, and agreed-to, discipline of a public reprimand, the Court approved the agreement. The Court approved the agreement with reservations "about whether, based on the substance of the allegations within the consent agreement, all of the agreed-to violations constitute violations of the Georgia Code of Judicial Conduct." View "Inquiry concerning Judge JaDawnya Baker" on Justia Law

Lowe Payne appealed his convictions for felony murder and other crimes arising out of the shooting death of Carldrake Finister. On appeal, Payne argued the trial court erred when it admitted evidence of prior difficulties between the parties and that trial counsel was deficient for failing to admit a key piece of exculpatory evidence and for failing to request the trial court to reopen the evidence at the jury’s request. Finding no reversible error, the Georgia Supreme Court affirmed Payne's convictions. View "Payne v. Georgia" on Justia Law

Jermaine Ware was convicted of malice murder and other crimes, with a final disposition being entered by the Superior Court of Polk County, Georgia in December 2012. Ware appealed, and the Georgia Supreme Court affirmed Ware’s convictions on direct appeal. In June 2021, Ware filed a pro se motion in arrest of judgment, alleging, among other things, that the indictment was defective. The superior court denied Ware’s motion, stating that Ware was barred from raising issues that could have been raised on direct appeal. Ware appealed, but the Supreme Court did not consider the merits of Ware’s arguments because the superior court should have dismissed the motion as untimely. Therefore, the Court vacated the trial court’s order and remanded the case with direction. View "Ware v. Georgia" on Justia Law

Tahja Williams was found guilty of malice murder and other crimes arising out of the death of Keaira Palmer and the wounding of Stefon Cook in a drive-by shooting in 2016. He appealed, arguing (1) the evidence was insufficient merely showed Williams’ presence, it supported his claim of justification, and it failed to corroborate accomplice testimony; (2) the trial court erred in denying his motion in limine to exclude jail calls to which Williams was a party; (3) the trial court erred in denying his motion for mistrial when a co-defendant refused to answer certain questions; and (4) the trial court improperly instructed the jury that it could find Williams guilty of felony murder and not the underlying aggravated assault. The Georgia Supreme Court concluded that the evidence was sufficient to support Williams’ convictions, the jury was authorized to reject Williams’ claim of justification, and the accomplice testimony was corroborated. There was no error in denying Williams’ motion to exclude evidence of a jail telephone call as hearsay because it was an admission of a party opponent. The Court found Williams’ motion for mistrial on the ground that a witness refused to answer questions was properly denied because Williams had the opportunity for a full and complete cross-examination of the witness. Finally, Williams’ contention that the trial court improperly instructed the jury was moot. Therefore, judgment was affirmed. View "Williams v. Georgia" on Justia Law

Rodricus Ward was convicted of malice murder and firearm offenses in connection with the shooting death of his on-again, off-again girlfriend, Darla Gibbons. He appealed, contending that the evidence presented at his trial was insufficient to support his convictions and that the trial court erred in allowing six witnesses to testify about hearsay statements that Gibbons made to them. Appellant also argued his trial counsel provided ineffective assistance in three ways: by failing to adequately argue against the State’s motion to introduce the hearsay testimony; by failing to try to suppress all of Appellant’s interview with two police detectives; and by failing to sufficiently prepare for trial. Finding no reversible error, the Georgia Supreme Court affirmed. View "Ward v. Georgia" on Justia Law

Roney Wilson challenged his 2018 convictions for felony murder and other crimes in connection with the shooting death of his girlfriend Jimeshia Gordon. Appellant contended on appeal that he was denied the effective assistance of counsel in two respects: trial counsel did not object to alleged hearsay from a non-testifying witness used by the State to prove motive, and trial counsel argued a defense that was allegedly contradicted by expert evidence. Because Appellant did not establish that trial counsel performed deficiently in these respects, the Georgia Supreme Court affirmed. View "Wilson v. Georgia" on Justia Law