Justia Georgia Supreme Court Opinion Summaries

In 2016, a second jury found Hemy Neuman guilty of the malice murder of Russell Sneiderman, and possession of a firearm during the commission of a felony. Neuman’s 2012 convictions were reversed by the Georgia Supreme Court following his because the State had improper access to privileged notes and records of Neuman’s mental health experts during preparation of the State’s case. Neuman appealed his convictions from his second trial, arguing that because the first jury returned a verdict of guilty but mentally ill on the malice murder count, the second jury was collaterally estopped from returning a guilty verdict that did not include a finding of mental illness on that count. Neuman further contended the District Attorney’s Office for the Stone Mountain Judicial Circuit should have been disqualified from representing the State in his second trial because the office had access to the privileged information that resulted in the reversal of his first convictions. He also alleged the trial court erroneously limited his counsel’s examination of two defense witnesses. Finally, Neuman argued that, to the extent his trial counsel did not preserve objections during examination of these witnesses, such failure was ineffective assistance of counsel. Finding no reversible error in the second trial record, the Supreme Court affirmed Neuman's convictions. View "Neuman v. Georgia" on Justia Law

Christopher Pender and Christopher Whitaker were found by jury guilty of felony murder and other offenses in connection with the shooting death of David Scott and the assault of Eric Morris. In his appeal, Pender argued: (1) the evidence presented at trial was insufficient to support the jury’s verdict on a count of theft by receiving; (2) the trial court erred by admitting statements from non-testifying co-defendants in violation of Bruton v. United States, 391 U. S. 123 (1968); (3) his trial counsel’s failure to make certain objections under Bruton constituted ineffective assistance of counsel; and (4) that the trial court erred by admitting certain other evidence. Whitaker argued: (1) in ruling on his motion for new trial on the “general grounds” set forth in OCGA sections 5-5-20 and 5-5-21, the trial court deprived him of his right against self-incrimination by holding against him that he did not testify and by citing inadmissible character evidence. Finding no reversible error in either defendant's case, the Georgia Supreme Court affirmed. View "Pender v. Georgia" on Justia Law

Plaintiffs, the surviving spouse of Franklin Callens and the administrator of his estate, sued defendants, the owner and manager of an apartment complex where Callens was killed during an armed robbery. Plaintiffs alleged that Defendants were negligent in failing adequately to secure their premises from criminal activity. Defendants prevailed at trial, and Plaintiffs appealed, contending, in relevant part, that the trial court erred in giving a jury instruction on the law applicable to “licensees” in premises liability cases. The Court of Appeals affirmed the trial court's judgment on that issue. The Georgia Supreme Court granted certiorari review on the issue of whether the trial court erred in charging the jury on what duty a landowner owed a licensee, when there was evidence showing that plaintiffs' decedent was a guest of a lawful tenant of the landowner. The Supreme Court found the trial court did not err in charging the jury, and therefore affirmed the appellate and trial courts. View "Cham et al. v. ECI Management Corp. et al." on Justia Law

William Gaddy was convicted of felony murder and related crimes in connection with the death of Addisyn Sanders, the two- year-old daughter of Gaddy’s girlfriend, Tiffany Harris. Gaddy generally watched Addisyn while Harris was at work during the day. Gaddy, Harris, and Addisyn moved in with Gaddy’s grandmother. Gaddy’s ten-year-old brother, C. F., who often visited, was playing video games in one of the home’s bedrooms while Gaddy and Addisyn watched television in the living room. C. F. heard Addisyn crying while she said “no” and “stop” just before there were three thumps that sounded like a head banging against a wall. Then, C. F. saw Gaddy carry Addisyn’s limp body to another bedroom and leave her there. On appeal, Gaddy argued the trial court erred in denying his motion to suppress his custodial statement. After review of the trial court record, the Georgia Supreme Court found no reversible error and affirmed Gaddy's convictions. View "Gaddy v. Georgia" on Justia Law

Dan Toni Swinson appealed his convictions on two counts of malice murder in connection with the shooting deaths of Heber Jettie Bennett, Jr., and Eliace Marie Smith. On appeal, Swinson contended: (1) the evidence was insufficient to support his convictions; (2) the trial court erred in denying his motion to suppress evidence obtained from a search warrant for his cell phone records, which was based, in part, on a warrantless request for cell site information under the Stored Communications Act; and (3) that the trial court erred in denying his motion for a mistrial after a witness testified about his incarceration on an unrelated charge. Swinson also claimed he received ineffective assistance of counsel on a number of grounds. Finding no reversible error, the Georgia Supreme Court affirmed Swinson's convictions. View "Swinson v. Georgia" on Justia Law

Appellant Sacorey McKelvey was convicted of murder and other crimes in connection with the shooting death of Corey Owens. On appeal, McKelvey contended: (1) the evidence presented at trial was insufficient to support his convictions; (2) the trial court erred by admitting into evidence his 2009 convictions for terroristic threats; (3) the trial court erred in striking two potential jurors for cause; and (4) that his trial counsel rendered constitutionally ineffective assistance by failing to call two alibi witnesses. Finding no reversible error, the Georgia Supreme Court affirmed McKelvey's convictions. View "McKelvey v. Georgia" on Justia Law

Liubov Volkova appealed her conviction for the murder of her husband, Jordan Whitson. Volkova called police to inform them her husband had been shot. When police arrived, Volkova led them to Whitson’s body, which was lying at the bottom of a set of stairs. One shell casing was found near the body, and there was blood on Whitson’s hands and blood spatter up the stairs. Whitson had been shot through his right cheek, and the bullet lodged in his head, leading to his death. The handgun that caused Whitson’s death was found on a table in the master bedroom, where Volkova had placed it. On appeal, Volkova contended the trial court erred by failing to properly instruct the jury on how to consider a particular statement she made to police and that her trial counsel provided constitutionally ineffective assistance. Finding no reversible error, the Georgia Supreme Court affirmed Volkova's conviction. View "Volkova v. Georgia" on Justia Law

Appellant Benjamin Finney was convicted of felony murder and two firearm crimes based on the 2008 fatal shooting Gwendolyn Cole, the mother of one of Appellant’s rivals. On appeal, Appellant argued, among other things, that the trial court erred: (1) by admitting hearsay from an accomplice; (2) by failing to give a jury instruction on the accomplice-corroboration requirement; and (3) by admitting evidence of Appellant’s involvement in two prior shootings. After review, the Georgia Supreme Court agreed the trial court erred in these ways, and because the cumulative effect of the errors likely affected the outcome of Appellant’s trial, his convictions were reversed. View "Finney v. Georgia" on Justia Law

Jesse Strickland was convicted by jury of malice murder and armed robbery in connection with the death of Arthur Westberry. On appeal, Strickland contended: (1) the evidence was insufficient to support the jury’s verdicts; and (2) the trial court erred in denying his motion for a new trial because a juror lied during voir dire about her knowledge of the parties, facts, and witnesses to the case. Finding no reversible error, the Georgia Supreme Court affirmed Strickland's convictions. View "Strickland v. Georgia" on Justia Law

Appellant Gregory Pearson was convicted by jury on: five counts of armed robbery; two counts of burglary; one count of aggravated assault; and six counts of possession of a firearm during the commission of a felony in connection with robberies in two motel rooms in Valdosta, Georgia. He appealed, arguing: (1) his trial counsel provided ineffective assistance by failing to object to evidence of three witnesses’ identification of Appellant at a roadside “showup;” (2) the trial court erred and his counsel was ineffective relating to the admission into evidence a surveillance video, because the video was authenticated by his accomplice, LaQuita Frazier, and Frazier identified him on the video; and (3) the lack of a transcript of voir dire, opening statements, and closing arguments violated his constitutional right to due process. Finding no merit to any of these claims, the Georgia Supreme Court affirmed his convictions. View "Pearson v. Georgia" on Justia Law