Justia Georgia Supreme Court Opinion Summaries

The case concerns a shooting that occurred in the early morning hours of February 2, 2017, following a series of arguments between Dwight Lewis and his former girlfriend, Dyreaka Tucker, regarding childcare. Witnesses, including a security guard familiar with both parties, observed heated exchanges between Lewis and Tucker, culminating in Lewis making a threatening remark. Shortly thereafter, as Tucker entered a car with friends, Lewis approached and fired into the vehicle, fatally striking Keosha Tinch. Tucker initially identified Lewis as the shooter to police and in her trial testimony, though she later recanted and gave inconsistent statements. Lewis fled the state and was apprehended in Detroit, where he provided false identification before admitting his identity.A Fulton County grand jury indicted Lewis on multiple charges, including malice murder, felony murder, aggravated assault, and weapons offenses. At trial in the Superior Court of Fulton County, a jury found Lewis guilty on all counts. The court sentenced him to life imprisonment with the possibility of parole, plus additional consecutive and concurrent terms for related offenses. Lewis’s motion for a new trial was denied after an evidentiary hearing.On appeal, the Supreme Court of Georgia reviewed Lewis’s claims that the evidence was insufficient to support his convictions and that the trial court erred by not instructing the jury on voluntary manslaughter. The court held that the evidence, viewed in the light most favorable to the verdict, was sufficient for a rational jury to find Lewis guilty beyond a reasonable doubt. The court also held that, absent a written request, the trial court’s failure to instruct on a lesser offense was not plain error. The Supreme Court of Georgia affirmed the convictions and sentences. View "Lewis v. State" on Justia Law

A group of teenagers, including the appellants, committed a series of armed robberies and a murder over a three-day period in October 2018 in Suwanee, Georgia. The crimes included the shooting death of Willian Tunchez and the robberies of four other individuals. The group, associated with the Gangster Disciples street gang, planned and executed these crimes, often using firearms and dividing the stolen proceeds. Evidence included testimony from accomplices, physical evidence recovered from the defendants’ residences, and digital evidence from cell phones and social media.Following these events, a Gwinnett County grand jury indicted several individuals on multiple counts, including malice murder, armed robbery, aggravated assault, and violations of the Street Gang Terrorism and Prevention Act. Some co-defendants agreed to testify for the State. After a joint jury trial in the Superior Court of Gwinnett County, the jury found the appellants guilty on most counts. The trial court sentenced both to life imprisonment without parole for malice murder, with additional concurrent and consecutive sentences for other offenses. The court merged certain counts for sentencing and vacated others by operation of law. Both appellants filed timely motions for new trial, which were denied, and then appealed to the Supreme Court of Georgia.The Supreme Court of Georgia reviewed the sufficiency of the evidence, claims of ineffective assistance of counsel, and alleged sentencing errors. The Court held that there was sufficient direct evidence to support the convictions, that trial counsel was not constitutionally ineffective, and that most sentencing decisions were correct. However, the Court found that the trial court erred by failing to merge one aggravated assault count with an armed robbery count for one appellant, vacating that sentence but otherwise affirming the convictions and sentences. View "Evans v. State" on Justia Law

The case concerns a shooting death that occurred on November 24, 2015. The victim, Jeffery Anderson, was found shot twice in the head at his residence. Investigators determined that Anderson was a member of the Nine Trey gang and owed money to Gordon Evans, who held a leadership position in the gang. Evidence showed that Evans ordered two fellow gang members, Dossie Mann and Durell Lewis, to kill Anderson after Anderson failed to repay the debt. Mann and Lewis carried out the murder, and Evans later attempted to prevent Mann from testifying by ordering another gang member to kill Mann and his family. Evans was indicted on multiple charges, including malice murder, felony murder, aggravated assault, aggravated battery, false imprisonment, and criminal gang activity.The Superior Court of Gwinnett County held a jury trial in August 2018, where Evans was found guilty on all charges. He was sentenced to life in prison without parole for malice murder, with additional consecutive and concurrent sentences for other offenses. Evans filed a motion for a new trial, which was denied after a hearing in October 2024. He then appealed, challenging the admission of certain evidence and alleging ineffective assistance of counsel.The Supreme Court of Georgia reviewed the case. The court held that the admission of a letter found in Evans’s prison locker did not violate the Confrontation Clause because the author testified and was cross-examined. Any hearsay error was deemed harmless, as the evidence was cumulative. The court also found no abuse of discretion in admitting a handwriting expert’s testimony and upheld the admission of Mann’s videotaped interview under the forfeiture by wrongdoing doctrine. Evans’s claims of ineffective assistance of counsel were rejected. However, the court vacated the sentences for aggravated assault and aggravated battery, finding they should have merged with the murder conviction. The judgment was affirmed in part and vacated in part. View "Evans v. State" on Justia Law

A group of broadband internet providers in Georgia entered into contracts with the Georgia Department of Transportation to install and maintain their equipment along public rights of way. These contracts set annual permit fees and included a clause stating that the contracts would remain in effect until the parties entered into a new agreement. In 2021, the Department amended its rules, increasing permit fees and requiring providers to sign new contracts. The providers refused, and the Department notified them that, absent new agreements, they would be subject to the new rules. The providers then filed suit, seeking a declaratory judgment that their contracts were enforceable, not terminable at will, and that the Department’s actions impaired their contractual rights in violation of the United States and Georgia Constitutions.The Superior Court denied the State’s motion to dismiss, finding that sovereign immunity was waived under Article I, Section II, Paragraph V(b) of the Georgia Constitution because the providers sought declaratory relief from alleged unconstitutional acts. The court granted summary judgment to the providers, holding that the contracts were enforceable and not terminable at will by the Department.On appeal, the Supreme Court of Georgia reviewed the case. The Court agreed with the lower court that sovereign immunity was waived for this declaratory judgment action, as the providers sought relief from acts allegedly violating constitutional provisions. However, the Supreme Court of Georgia disagreed with the trial court’s interpretation of the contracts. It held that the contracts were of indefinite duration and, under longstanding Georgia law, were terminable at will by either party with notice. The Court affirmed the waiver of sovereign immunity but vacated the judgment granting declaratory and injunctive relief, remanding the case for further proceedings consistent with its opinion. View "State v. Dovetel Communication, LLC" on Justia Law

On November 18, 2020, Juanita McFadden was shot and killed in the entrance hall of an apartment shared by Carl Crawford and his roommate, Jarvon Whitehead, in Cobb County, Georgia. The evidence at trial showed that McFadden and Crawford had a tumultuous relationship, with frequent arguments and occasional physical altercations. On the night of the incident, McFadden came to the apartment to collect her belongings, and after a heated exchange, Crawford shot her multiple times. Crawford claimed self-defense, asserting that he suffered from battered person syndrome due to his relationship with McFadden. The investigation revealed that McFadden was unarmed at the time of the shooting, and Crawford admitted to shooting her after she allegedly struck him.A Cobb County grand jury indicted Crawford on several charges, including malice murder and felony murder. After a jury trial in March 2022, Crawford was found guilty on all counts except theft by taking. He was sentenced to life without parole for malice murder and received a consecutive five-year sentence for possession of a firearm during the commission of a felony. Crawford filed a motion for a new trial, which was amended and heard in 2023, but the Cobb County Superior Court denied the motion. Crawford then appealed to the Supreme Court of Georgia.The Supreme Court of Georgia reviewed Crawford’s claims, including alleged errors in the admission of character evidence, hearsay testimony, lay opinion testimony, and cumulative error. The Court held that Crawford failed to demonstrate plain error or prejudice affecting the outcome of his trial. The Court found that any errors in admitting certain evidence were harmless given the strong evidence of guilt and that the cumulative effect of any errors did not deprive Crawford of a fundamentally fair trial. The Supreme Court of Georgia affirmed Crawford’s convictions and sentences. View "Crawford v. State" on Justia Law

On October 28, 2015, two high school students, Darious Anderson and Stanley Winston, attempted to sell a revolver with the help of 17-year-old Spencer Robinson. After failing to find a buyer, the three walked through a neighborhood shortcut. There, Robinson asked to hold the gun, then pointed it at Anderson and Winston, declaring he was taking it. He told them to run before he started shooting, and as they fled, Robinson fired multiple shots, striking Anderson, who later died from his injuries. Winston initially gave police a false account but later identified Robinson as the shooter. Robinson was apprehended after fleeing from police and gave inconsistent statements, ultimately claiming Winston accidentally fired the gun.A DeKalb County grand jury indicted Robinson for malice murder, felony murder, aggravated assault (against both Anderson and Winston), and firearm possession during the commission of a felony. At trial in the Superior Court of DeKalb County, the jury found Robinson guilty of all counts except malice murder. He was sentenced to life imprisonment for felony murder, with additional consecutive sentences for aggravated assault and firearm possession. Robinson’s motion for a new trial was denied.The Supreme Court of Georgia reviewed Robinson’s appeal, in which he argued that the evidence was insufficient for his conviction for aggravated assault against Winston, that the trial court erred by not instructing the jury on accomplice corroboration, that his trial counsel was ineffective in several respects, and that cumulative errors warranted a new trial. The Court held that the evidence was sufficient, the trial court did not plainly err in its jury instructions, and that any possible deficiency by trial counsel did not prejudice Robinson’s defense. The Court also found no cumulative prejudice requiring a new trial. Accordingly, the Supreme Court of Georgia affirmed Robinson’s convictions and sentences. View "Robinson v. State" on Justia Law

On the night of March 10, 2020, Donnell Graham was fatally shot as he left the fast-food restaurant where he worked in Richmond County, Georgia. Prior to the shooting, Kenneth Green had threatened Graham during a phone call, stating he knew where Graham worked and when he finished his shift. On the night of the incident, Kenneth arranged for Ashley Jones to drive him to pick up Kendrick Green (the appellant) and Torjae Tanksley. Jones testified that Kenneth discussed a plan with Green and Tanksley, who both indicated their readiness. Surveillance footage and eyewitness testimony placed Green and Tanksley at the scene, and after the shooting, both were seen fleeing. Jones further testified that after the shooting, Kenneth asked Green and Tanksley if they had “handled that,” to which both replied affirmatively.A Richmond County grand jury indicted Green, Kenneth, Tanksley, and Jones for malice murder, felony murder predicated on aggravated assault, and possession of a firearm during the commission of a felony. Green, Kenneth, and Tanksley were jointly tried before a jury in October 2023, with Jones testifying against them under an immunity agreement. The jury convicted Green of felony murder and possession of a firearm, but acquitted him of malice murder. The trial judge sentenced Green to life without parole for felony murder and a consecutive five-year term for the firearm charge. Green filed a motion for new trial, which was denied by the Superior Court of Richmond County.The Supreme Court of Georgia reviewed Green’s appeal, in which he argued that the evidence was wholly circumstantial and insufficient under OCGA § 24-14-6. The Court held that the statute did not apply because the State presented direct evidence, including Green’s own admissions as testified to by Jones. The Supreme Court of Georgia affirmed Green’s convictions. View "Green v. State" on Justia Law

A county in Georgia revised a zoning ordinance to increase the maximum allowable dwelling size in a historic district on Sapelo Island. Some residents opposed this change and, relying on the Georgia Constitution’s Home Rule Provision, petitioned for a referendum to repeal the ordinance. The county probate court found the petition valid and scheduled a special election. Before the order was entered, the county filed suit in superior court to stop the referendum, arguing that zoning ordinances are not subject to the Home Rule Provision’s referendum process.The Superior Court of McIntosh County agreed with the county, holding that the ordinance was adopted under the Constitution’s Zoning Provision, not the Home Rule Provision, and thus was not subject to repeal by referendum. The court issued a writ of prohibition against the probate judge to halt the referendum. However, the superior court also granted an injunction, at the request of the residents, preventing enforcement of the revised ordinance while the appeal was pending.On appeal, the Supreme Court of Georgia reviewed whether the Home Rule Provision’s referendum process applies to county zoning ordinances. The court held that, under the 1983 Georgia Constitution, the legislative power to enact zoning ordinances derives from the Home Rule Provision, and nothing in the Constitution excludes zoning ordinances from the referendum process. Therefore, the superior court erred in stopping the referendum and issuing a writ of prohibition. The Supreme Court of Georgia reversed those portions of the superior court’s order. However, the Supreme Court affirmed the superior court’s injunction against enforcement of the ordinance, finding the county failed to show error in the record regarding the injunction. View "Bailey v. McIntosh County" on Justia Law

Ultra Group of Companies and Prince and Prince, LLC entered into a contract regarding the placement and operation of Ultra’s coin-operated amusement machines on Prince’s premises. A dispute arose between the parties, leading to arbitration before a Georgia Lottery Corporation (GLC) hearing officer. On July 30, 2021, the hearing officer issued an “Interim Award” that resolved most substantive contract issues in favor of Prince but left claims for fees and costs unresolved. On September 17, 2021, the hearing officer issued a “Final Award” that incorporated the Interim Award, split arbitration costs, and awarded attorney fees to Ultra. The parties received the Final Award on October 4, 2021.Ultra filed a “Request for Reconsideration and Motion for Review” with the GLC’s chief executive officer (CEO) on October 14, 2021, which was denied by operation of GLC rules after 30 days without a ruling. On December 10, 2021, Ultra filed a timely petition for certiorari to the Superior Court of Fulton County. Prince moved to dismiss, arguing Ultra failed to preserve its appeal rights by not seeking review of the Interim Award within 10 days. The Superior Court of Fulton County agreed and dismissed Ultra’s petition. Ultra appealed to the Court of Appeals of Georgia, which affirmed the dismissal without opinion. Ultra’s motion for reconsideration was denied, and Ultra petitioned the Supreme Court of Georgia for certiorari.The Supreme Court of Georgia held that only the Final Award constituted an appealable order under the GLC’s rules, as it resolved all issues presented in the arbitration. Ultra’s appeal from the Final Award was timely, and the lower courts erred in dismissing the appeal. The Supreme Court reversed the judgment of the Court of Appeals. View "Ultra Group of Companies, Inc. v. Prince and Prince, LLC" on Justia Law

On August 29, 2020, a shooting occurred outside gas stations in DeKalb County, Georgia, resulting in the death of De’Andre Jones. Jedidja Mbungu was identified as the shooter. Witnesses testified that Mbungu and Jones encountered each other in the street, exchanged words, and then Mbungu shot Jones as Jones was running away. No gun was found on or near Jones, and the medical examiner determined that Jones died from a gunshot wound to the back of his head. Mbungu claimed self-defense, testifying that he believed Jones was armed and threatening him, based on prior violent encounters and Jones’s reputation.A DeKalb County grand jury indicted Mbungu for malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a felony. At trial in October 2023, the jury acquitted Mbungu of malice murder but convicted him of felony murder and the firearm charge. The aggravated assault count merged. The trial court sentenced Mbungu to life in prison plus a suspended five-year sentence for the firearm offense. Mbungu’s motion for a new trial was denied by the trial court in March 2025.The Supreme Court of Georgia reviewed the case. Mbungu argued that the trial court erred by excluding evidence of a prior difficulty with Jones and evidence of Jones’s alleged gang membership, and by refusing to instruct the jury on combat by agreement and mistake of fact. The Supreme Court of Georgia held that any error in excluding the evidence was harmless, as similar evidence was admitted and the self-defense claim was weak. The court also held that the trial court did not err in refusing the requested jury instructions, as the evidence did not support them. The convictions and sentences were affirmed. View "MBUNGU v. THE STATE" on Justia Law