Justia Georgia Supreme Court Opinion Summaries

At heart of this case was a dispute between the Polo Golf and Country Club Homeowners’ Association (the “HOA”) and Forsyth County, Georgia over the validity of Section 4.2.2 of Forsyth County’s Addendum to the Georgia Stormwater Management Manual, an ordinance that made HOAs “responsible for maintenance of all drainage easements and all stormwater facilities within the entire development.” The HOA argued Section 4.2.2 was unconstitutional and otherwise invalid, and that individual lot owners were responsible for maintaining stormwater infrastructure on their lots. Variants of this case have been litigated and appealed multiple times before other Georgia courts, including a 2019 appeal the Georgia Supreme Court. On remand from the Supreme Court's "Polo Golf II" decision, the trial court evaluated and rejected the HOA’s remaining claims that Section 4.2.2 was invalid because it required the HOA to trespass on the private property of homeowners, constituted involuntary servitude under the United States and Georgia Constitutions, and exceeded the scope of the ordinance that authorized Forsyth County to promulgate the Addendum. The trial court thus denied the HOA’s motion for summary judgment and granted the defendants’ cross-motion for summary judgment. The HOA appealed, and finding no reversible error, the Supreme Court affirmed. View "Polo Golf & Country Club Homeowners Association, Inc. v. Cunard et al." on Justia Law

Ted Jefferson was convicted by jury of kidnapping, two counts of armed robbery, and other offenses, for which the trial court sentenced him to life plus five consecutive years in prison. Jefferson moved for a new trial, and the trial court granted the motion in part, finding that the evidence was insufficient to support Jefferson’s convictions for armed robbery. The trial court denied the motion as to the remaining convictions. Jefferson then timely filed a direct appeal, which the Court of Appeals dismissed. In dismissing the appeal, the Court of Appeals reasoned that the order partially granting Jefferson’s motion for a new trial left the case pending in the trial court and that it was, therefore, a non-final order that could be appealed only through the interlocutory appeal process. The Georgia Supreme Court found the trial court's order was directly appealable. The appellate court's judgment was vacated and the matter remanded for further proceedings. View "Jefferson v. Georgia" on Justia Law

Sharod Johnson was convicted of malice murder and other crimes in connection with a 2010 string of armed robberies that culminated in the shooting death of David Casto. Johnson contended the trial court erred when it failed to strike the testimony of a State witness, and that Johnson was deprived of the effective assistance of counsel with regard to that witness. Johnson also contended the trial court erred when it denied his motions to suppress evidence related to searches of his cell phone, home, and car. Finding no reversible error, the Georgia Supreme Court affirmed. View "Johnson v. Georgia" on Justia Law

Javian Nesby appealed his convictions for malice murder and other crimes in connection with the 2017 shooting death of Jordan Morris. Nesby contended the trial court erred by conducting numerous bench conferences outside of his presence. After review of the trial court record, the Georgia Supreme Court found no reversible error from these conferences and affirmed Nesby's convictions. View "Nesby v. Georgia" on Justia Law

Appellant Larry Harper, Jr. was convicted of the malice murder of his 20-year-old girlfriend, Thandiwe “Tandy” Hunt, the concealing of her death, and for tampering with evidence. Hunt wanted to leave Appellant, but whenever she mentioned leaving him, he threatened to hurt her, and she was scared for her life. Hunt’s mother last saw Hunt alive the final week of January 2011. Hunt's best friend was on the phone with her and heard "tussling" in the background; Hunt briefly continued talking, but abruptly told the friend she would would to call back. The friend never heard from Hunt again. A postal worker delivering mail stopped briefly at a wooded lot, where he saw a suspicious object about 60 feet from the road. When officers arrived, they found a body sealed in two large black trash bags. Hunt's mother identified the body as Hunt's at the end of February 2011. A medical examiner determined Hunt died from strangulation or some other asphyxia-related cause. Traces of Appellant's DNA was on Hunt's body. He was arrested and spoke with officers. At first, he averred he could not remember the last time he saw Hunt, because he was involved with “so many women.” When the detectives informed Appellant that his DNA was found on Hunt’s body, he changed his story, claiming that he deeply loved Hunt, that he found her dead after she committed suicide, and that the reason his DNA was found on her body was because he was crying. Appealing his eventual conviction, Appellant contended the trial court erred in ruling that his pretrial statements to the police in 2011 and 2012 were admissible. Finding no reversible error, the Georgia Supreme Court affirmed the trial court's judgment. View "Harper v. Georgia" on Justia Law

Kevin Palmer was acquitted of malice murder, but convicted by jury of felony murder and other offenses in connection with the shooting death of William Whitsett. His amended motion for new trial was denied, and he appealed, contending the trial court erred in denying his motion to suppress, and excluding alleged alibi testimony. He also argued he received ineffective assistance of trial counsel. Concluding that there was no reversible error, the Georgia Supreme Court affirmed. View "Palmer v. Georgia" on Justia Law

In 2012, Odeirrick Boone entered a non-negotiated guilty plea to malice murder and other offenses in connection with the robbery of a convenience store and the stabbing death of the store owner, Balk Sung. In 2020, Boone filed a pro se motion for leave to file an out-of-time appeal, arguing that his trial counsel was ineffective for having failed to inform him of his right to pursue an appeal of his convictions. The trial court denied Boone’s motion summarily and without holding a hearing, which prompted this appeal. The State conceded the trial court’s order had to be vacated and this case remanded to the trial court to hold a hearing to determine whether Boone was entitled to an out-of-time appeal due to the ineffective assistance of his plea counsel. View "Boone v. Georgia" on Justia Law

Jean Claude Doricien was convicted by jury of felony murder, possession of less than one ounce of marijuana, and various other offenses in connection with the shooting death of Tovara Flowers. On appeal, Doricien contended: (1) the trial court erred in denying his motion for a directed verdict of acquittal; (2) the trial court erred by failing to exclude from trial various statements that Doricien made to the police; and (3) he was denied constitutionally effective assistance of trial counsel. Finding no reversible error, the Georgia Supreme Court affirmed. View "Doricien v. Georgia" on Justia Law

Jhakeem Armstrong appealed his conviction for malice murder for the death of Robert Parrish, Jr. On appeal, he argued the trial court erred by admitting evidence he was affiliated with a gang under OCGA 24-4-404 (b) (“Rule 404 (b)”), by permitting witness testimony regarding certain photographs on the internet because the testimony amounted to hearsay and violated the best evidence rule and the Confrontation Clause, and by failing to give a limiting instruction regarding evidence that he was affiliated with a gang. He also contended his trial counsel provided ineffective assistance by failing to ensure that the trial court gave the jury the limiting instruction. The Georgia Supreme Court found the evidence of Armstrong’s gang affiliation was relevant to and probative of his motive for committing the crime charged and was thus admissible under Rule 404 (b). "And even assuming that the trial court erred in admitting testimony regarding the internet photos and failing to give a limiting instruction, such errors did not contribute to the verdict, and Armstrong has not shown that his trial counsel’s assistance was ineffective." View "Armstrong v. Georgia" on Justia Law

James Morris Lynn, Jr., appealed his conviction for malice murder and aggravated assault in connection with the beating death of his wife, Tonya. Lynn argued on appeal that the Georgia Supreme Court should vacate the trial court’s order denying his motion for new trial for lack of adequate findings and remand for more detailed findings. He also argued: (1) the trial court erred in denying his motion for a mistrial; (2) he received ineffective assistance of trial counsel; and (3) the combined errors cumulatively prejudiced him. The Supreme Court determined: the trial court was not required to make detailed findings in denying Lynn’s motion for new trial; the trial court did not err in denying Lynn’s motion for a mistrial because the alleged basis for a mistrial posed little prejudice to Lynn and the court gave a sufficient curative instruction; Lynn’s ineffective assistance claims failed because he did not establish trial counsel performed deficiently in any respect; and his cumulative error argument failed because there were no errors to cumulate. The Court vacated Lynn’s sentence for aggravated assault because this count should have merged with the malice murder conviction, but the murder conviction was affirmed. View "Lynn v. Georgia" on Justia Law