Justia Georgia Supreme Court Opinion Summaries

Julian Redding was convicted of malice murder and possession of a firearm during the commission of a felony in connection with the 2015 shooting death of Prince Varner. He appealed, asserting three errors in the trial court’s jury instructions and ineffective assistance of trial counsel. Finding no reversible error, the Georgia Supreme Court affirmed Redding’s convictions. View "Redding v. Georgia" on Justia Law

Damarcus Dukes was convicted by jury of malice murder and related offenses in connection with crimes committed against Demarius Denham, Dankevion Chatman, and Uzamoake Moh. On appeal, Dukes claimed the trial court erred in three ways. Dukes was charged with multiple counts of the same crime - i.e., possession of a firearm by a first offender probationer. “And, while this would normally trigger a ‘unit of prosecution’ question,” the Georgia Supreme Court agreed with Dukes that the State’s failure to make the timeframe of the handgun possessions material allegations within the indictment caused Dukes to be improperly convicted and sentenced for the identical crime twice. With respect to his two convictions and sentences for possession of a firearm by a first offender probationer, the Supreme Court vacated these convictions and remanded for the trial court to conviction and resentence Dukes on only one of those counts. Judgment was affirmed in all other respects. View "Dukes v. Georgia" on Justia Law

William Felts was convicted by jury of malice murder and other offenses in connection with the 2007 stabbing deaths of Delarlonva Mattox, Jr., and Chrisondra Kimble. Felts appealed, arguing that the evidence presented at trial was insufficient to support his convictions. After review, the Georgia Supreme Court found no reversible error and affirmed. View "Felts v. Georgia" on Justia Law

Chauncey Pope was convicted by jury of malice murder, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon in connection with the 2014 shooting death of Derrick Brooks. On appeal, Pope’s sole contention is that his trial counsel provided ineffective assistance by failing to request a pre-trial immunity hearing. The Georgia Supreme Court concluded that Pope’s trial counsel was not constitutionally deficient and affirmed Pope’s convictions. View "Pope v. Georgia" on Justia Law

Charmon Sinkfield was convicted of malice murder and other crimes in connection with the 2009 shooting death of Vernon Forrest. On appeal, Sinkfield contended the trial court erred when it denied his pretrial challenge to Fulton County’s master jury list and that the “death qualification” process resulted in a jury that violated his fair cross-section rights under the Sixth Amendment to the United States Constitution. Seeing no reversible error, the Georgia Supreme Court affirmed. View "Sinkfield v. Georgia" on Justia Law

Freeman Matthews was convicted by jury of malice murder, battery, and possession of a knife during the commission of a crime in connection with the 2009 stabbing death of Adrianne Young and also found him guilty of financial credit card theft and obstruction of an officer. On appeal, Matthews challenged the sufficiency of the evidence and contended the trial court erred in admitting his custodial statement and excluding evidence that pointed to a third- party suspect. Matthews also argued he received ineffective assistance of counsel. After review, the Georgia Supreme Court found no reversible error and affirmed. View "Matthews v. Georgia" on Justia Law

Simeon Moore and Walter Milbourne challenged their convictions for malice murder and other crimes in connection with the 2014 shooting of Jamie Milton and the shooting death of Milton’s girlfriend, Jamie Moore (“Jamie”). Moore contended the evidence presented at trial was legally insufficient to show that he shared responsibility for Jamie’s death and that he was denied the effective assistance of counsel due to a conflict of interest. Milbourne contended the trial court violated the continuing witness rule by sending a PowerPoint presentation created by the lead detective that summarized the admitted cell phone evidence out with the jury during deliberations, and erred in granting a request by the media to film closing arguments over his objection. Milbourne also contended his motion for new trial counsel was constitutionally ineffective. Finding no reversible error in either case, the Georgia Supreme Court affirmed. View "Moore v. Georgia" on Justia Law

Letisha McClain appealed a trial court’s denial of her motion to withdraw her guilty pleas to felony murder and three counts of aggravated assault. She claimed the trial court erred in denying her motion because withdrawal of her pleas was necessary to correct a manifest injustice. The Georgia Supreme Court found McClain showed no obvious abuse of discretion in the trial court’s denial of her motion to withdraw her guilty pleas, so it affirmed. View "McClain v. Georgia" on Justia Law

Appellant Derain Waller was convicted of felony murder and other crimes in connection with the 2016 shooting death of Demonde Dicks, Jr. On appeal, Appellant contended the evidence was legally insufficient to support his convictions generally and his conviction for armed robbery specifically, and that the trial court erred in sentencing him on the armed robbery and felony murder counts. The Georgia Supreme Court vacated Appellant’s conviction for armed robbery because that conviction should have merged into the felony murder count for sentencing purposed. Otherwise, the Supreme Court found no other error and affirmed in all other respects. View "Waller v. Georgia" on Justia Law

Appellant Emerson Abbott was tried by jury and found guilty of murder and numerous other crimes arising from the 2015 shooting deaths of James and Myra Reeves. On appeal, Appellant contended the trial court erred in allowing a witness to testify at trial while under the influence of alcohol and in admitting evidence of a prior act of theft. Appellant also contended the State failed to disclose an agreement with a testifying witness, in violation of Brady v. Maryland, 373 U. S. 83 (1963). Finding no error, the Georgia Supreme Court affirmed. View "Abbott v. Georgia" on Justia Law