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Found 66 matching documents.
Supreme Court opinion · Supreme Court of Georgia · June 24, 2025
Hart v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Clayton County mother's malice murder conviction for the beating death of her four-year-old daughter, rejecting claims of insufficient evidence, ineffective defense counsel, and trial court error, while also declining the state's request to send future non-death-penalty murder appeals to the Court of Appeals.
NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court Rule 27, the Court’s reconsideration, and editorial revisions by the Reporter of Decisions. The version of the opinion published in the Advance Sheets for the Georgia Reports, designated as the “Final Copy,” will replace any prior version on the...
conclude that Thornton correctly held that a murder case in which the district attorney has not given timely notice to the defense that the State intends to seek the death penalty is not a case “in which a sentence of death was imposed or could be imposed.” 9 See Paragraph although the special concurring opinion acknowledges that the 1983 Constitution’s...
Supreme Court opinion · Supreme Court of Georgia · March 4, 2025
In the Matter of Christopher Ryan Breault
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia suspended attorney Christopher Ryan Breault for six months after finding he repeatedly disclosed his clients' confidential information and refused to stop representing them after being fired.
In assessing the Special Master’s recommendation of a one- year suspension, we note that this Court has not decided many disciplinary matters concerning the improper and intentional disclosure of personal client information in violation of Rule 1.6 (a). However, as detailed by the Special Master, this violation was present in Skinner, where this Court...
(c) ABA Standards After finding that Breault violated the provisions of the GRPC with which he was charged, the Special Master applied the framework set out in the ABA Standards, which provide that, when imposing a sanction, “a court should consider the following factors: (a) the duty violated; (b) the lawyer’s mental state; (c) the potential or actual...
Supreme Court opinion · Supreme Court of Georgia · January 28, 2025
WHITE v. CITY OF MABLETON
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld the state law that created the City of Mableton, ruling that including community improvement districts in the same bill did not violate Georgia's rule against mixing unrelated subjects in one law.
MCMILLIAN, Justice. In 2022, the Georgia General Assembly enacted House Bill 839 (2022) (“HB 839”), which provides a charter for and incorporates the City of Mableton within unincorporated Cobb County. Deidre White, Ronnie Blue, Judy King, Tanya Leake, and Robert Swarthout are citizens of Cobb County who reside within the limits of Mableton (“Appellants”)....
To incorporate the City of Mableton; to provide a charter for the City of Mableton; to provide for incorporation, boundaries, and powers of the city; to provide for a governing authority of such city and the powers, duties, authority, election, terms, method of filling vacancies, compensation, qualifications, prohibitions, and removal from office relative...
Supreme Court opinion · Supreme Court of Georgia · March 4, 2025
Dillard v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia affirmed the murder and armed robbery convictions of a man who fatally shot a 15-year-old during a staged marijuana deal, rejecting his arguments that the evidence at trial was too weak.
Appellant contends that Idris was his accomplice in a drug transaction, pointing to evidence that Gerena and Idris agreed to sell Appellant marijuana and that Idris accompanied Gerena to the convenience store to complete the sale. But even if Idris (the seller) could be considered to be an accomplice to Appellant (the buyer) in a drug crime — which we doubt...
Supreme Court opinion · Supreme Court of Georgia · May 6, 2025
Johnson v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Alex Lee Johnson's felony murder conviction, ruling that evidence of his gang membership was properly admitted to show motive and that any error in skipping instructions on lesser offenses was harmless.
The same goes for the armed robbery. That offense has a different element — “use of an offensive weapon” — compared to robbery by intimidation. Compare OCGA § 16-8-41 (a), with OCGA § 16-8-40 (a) (2). The “‘use of an offensive weapon’ takes place when the weapon is used to commit a violent injury to the person of the victim or to place the victim in...
Supreme Court opinion · Supreme Court of Georgia · September 30, 2025
Robinson v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a DeKalb County teenager's felony murder and aggravated assault convictions, ruling that the evidence was sufficient and that his trial lawyer's possible mistakes did not change the trial's outcome.
omitted). Under Georgia law, “[t]he testimony of a single witness is generally sufficient to establish a fact.” OCGA § 24-14-8. However, “in certain cases, including … felony cases where the only witness is an accomplice, the testimony of a single witness shall not be sufficient” to establish a fact. Id. Instead, the accomplice’s testimony must be...
3. Robinson next argues that his trial counsel provided constitutionally ineffective assistance on three grounds. We are not persuaded. To prevail on these claims, Robinson must show both deficient performance and resulting prejudice. See Strickland v. Washington, 466 U.S. 668, 687 (1984). To show deficient performance, Robinson “must demonstrate that...
Supreme Court opinion · Supreme Court of Georgia · May 6, 2025
In the Matter of Deborah Lynn Haklin
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia disbarred an attorney who abandoned a client seeking to adopt five related children, rejecting a special master's recommendation of only a one-year suspension.
Based on Haklin’s misconduct, the special master concluded that she had violated Rules 1.2 (a),2 1.3,3 1.4 (a),4 and 1.55 of the GRPC. The maximum sanction for a single violation of Rules 1.2 and 1.3 is disbarment; the maximum sanction for a single violation of Rules 1.4 (a) and 1.5 is a public reprimand. After citing the American Bar Association Standards...
injury caused by the misconduct, and (d) aggravating and mitigating factors), the special master determined that Haklin violated her duties to pursue the client’s goals in a reasonably expeditious manner and to not abandon the client; that Haklin knowingly violated the Rules; and that the client suffered actual injury from the loss of her legal fee and...
Supreme Court opinion · Supreme Court of Georgia · September 30, 2025
BOSTIC v. THE STATE (Two Cases)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld the felony murder and armed robbery convictions of Jerel Bostic and Timothy Wright in the shooting death of Jamichael Walker outside a Georgia game room, rejecting challenges to the evidence and trial rulings.
Wright also argues that the evidence was insufficient as a matter of Georgia statutory law because Clark’s accomplice testimony was not corroborated and was otherwise unbelievable. See OCGA § 24-14-8 (“The testimony of a single witness is generally sufficient to establish a fact. However, in certain cases, including ... felony cases where the only witness...
Finally, to the extent Bostic claims that the trial court erred in denying his directed verdict as to the Street Gang Act count, that claim is moot because the court nolle prossed the Street Gang Act count. See Broxton v. State, 306 Ga. 127, 136 n.6 (2019). And, as we explained in Division 2, above, there was sufficient evidence to support a conviction with...
Supreme Court opinion · Supreme Court of Georgia · June 10, 2025
REPUBLICAN NATIONAL COMMITTEE v. ETERNAL VIGILANCE ACTION, INC. (Two Cases)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that most 2024 election rules adopted by the State Election Board were not properly authorized by state law, while also sharply limiting who can sue to challenge such rules in the first place.
6. Four of the challenged rules do not survive a proper nondelegation analysis, but one does. The Appellants argue that the trial court erred in concluding that the challenged rules violate the nondelegation doctrine of the Georgia Constitution. They argue that under existing precedent, the General Assembly’s delegation of legislative power is...
We have long held that when it comes to the power of the General Assembly, the “people have clothed the Legislature with all power, except where they have made limitations[.]” Nicholas v. Hovenor, 42 Ga. 514, 517 (1871); see also Plumb v. Christie, 103 Ga. 686, 693-694 (30 SE 759) (1898); Sears v. State of Ga., 232 Ga. 547, 553 (3) (208 SE2d 93) (1974);...
Supreme Court opinion · Supreme Court of Georgia · September 16, 2025
In the Matter of Craig S. Bonnell
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a special master wrongly declared attorney Craig Bonnell in default in his disciplinary case, and sent the matter back for a full hearing on the merits.
PER CURIAM. This disciplinary matter is before the Court on the report and recommendation of the State Disciplinary Review Board (the “Review Board”), which reviewed the report and recommendation issued by Special Master Kalki Yalamanchili at the request of Craig S. Bonnell (State Bar No. 067267), who has been a member of the State Bar since 2001. See Bar...
1. Procedural History On July 14, 2023, the State Bar filed a Formal Complaint charging Bonnell with violations of Rules 1.1, 1 1.3, 2 1.4(a),3 1 Rule 1.1 provides that “[a] lawyer shall provide competent representation to a client.” 2 Rule 1.3 provides that “[a] lawyer shall act with reasonable diligence and promptness in representing a client.” 3 Rule...
Supreme Court opinion · Supreme Court of Georgia · December 9, 2025
Chestnut Ridge, LLC v. Hall County Board of Tax Assessors
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia found that a trial court had no authority to rule on a company's claim that a Georgia tax statute was unconstitutionally vague, because the company never notified the Attorney General as required by law.
We begin by noting that, “[w]hen the General Assembly changes the language of a statute, that typically signals an intent to change the meaning of the statute.” Allen v. State, 319 Ga. 415, 419 n.6 (2024). And when construing a statute, “we must presume that the General Assembly meant what it said and said what it meant.” Deal v. Coleman, 294. Ga. 170, 172...
In analyzing the effect of this statute, we have held that the failure to serve the Attorney General means that the trial court lacks subject-matter jurisdiction to resolve the constitutional claim. See Williams v. Kaylor, 218 Ga. 576, 578 (1963) (adopting position of majority of appellate courts throughout the country that “where service is not made on the...
Supreme Court opinion · Supreme Court of Georgia · September 30, 2025
BAILEY v. MCINTOSH COUNTY (Three Cases)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that McIntosh County residents could pursue a referendum to repeal a Sapelo Island zoning ordinance under the state's home rule provision, reversing a superior court order that had blocked the vote.
and recreational purposes.” Ga. Const. of 1945, Art. XV, Sec. II, Par. III (1966) (emphasis added). In addition, the home rule paragraph of the 1966 Amendment expressly provided that “[n]othing in this Paragraph shall affect the provisions” of the amendment’s zoning paragraph. Const. of 1945, Art. XV, Sec. II, Par. I(e) (1966). Accordingly, the 1966...
The governing authority of each county shall have legislative power to adopt clearly reasonable ordinances, resolutions, or regulations relating to its property, affairs, and local government for which no provision has been made by general law and which is not inconsistent with this Constitution or any local law applicable thereto. Any such local law shall...
Supreme Court opinion · Supreme Court of Georgia · March 4, 2025
Hill v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Terrance Hill's murder conviction, finding that although the trial judge probably erred by not telling jurors that a convicted felon can still claim self-defense while holding a gun, that error was not clear enough to overturn the verdict.
To be sure, it is a fair inferential step from Floyd and Johnson to conclude that when a felon who is prohibited from possessing a firearm requests an express instruction indicating that, despite his status, he may still claim self-defense, trial counsel should assist the defendant in securing that instruction and the trial court should give it. Indeed, we...
Supreme Court opinion · Supreme Court of Georgia · November 18, 2025
State v. Greathouse
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a Georgia statute requires a hearing or an admission of guilt before a judge can revoke someone's probation, even if the probationer signed a form waiving that hearing in advance for future violations.
To begin, we recall the well-settled principles that guide our consideration of a statute’s proper construction. “In interpreting statutes, we presume that the General Assembly meant what it said 5 The dissenting opinion faults the majority opinion for not answering the question this Court posed when granting certiorari. But as we have explained, our...
It is true that, generally, “[i]f there is no constitutional, statutory, or public policy prohibition against waiver, an accused may validly waive any right.” Thomas v. State, 260 Ga. 262, 263 (1990). The State, however, overlooks the express language from subsection (b) that restricts the court’s authority to revoke probation without the probationer first...
Supreme Court opinion · Supreme Court of Georgia · May 28, 2025
Docs of Ct, LLC v. Biotek Services, LLC
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a company challenging an arbitration award over improper behind-the-scenes emails must show those emails actually changed the outcome, not just that they happened.
6 Because OCGA § 9-9-13 (b) parallels 9 USC § 10, see supra n.5, federal decisions interpreting and applying this language both before and after our similar language was enacted bear on the meaning of that language today. De- cisions issued before that language was enacted are especially helpful because those decisions interpreting the same language our...
Docs of CT resists this traditional, outcome-focused under- standing of prejudice. It contends that the affected party’s “rights are prejudiced by” conduct that causes “any harm” to the party’s “right to a fair hearing” (or any other rights implicated) and that the affected party need not show “how the outcome might have been dif- ferent.” But Docs of CT...
Supreme Court opinion · Supreme Court of Georgia · February 18, 2025
Atlantic Games, Inc. v. Georgia Lottery Corporation
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia denied review of a company's challenge to the Georgia Lottery Corporation's rulemaking power, but a concurring Justice used the order to lay out a detailed case for revisiting a 1990 precedent on legislative delegation.
Although “it is not easy to draw an exact line” between delegation of legislative power and legislation that merely identifies the executive branch agency responsible for executing a statute and gives that agency guidance in so doing, see S. Ry. Co. v. Melton, 133 Ga. 277, 285 (65 SE 665) (1909), the line in our historic precedent turns on the extent to...
7 See also City of Calhoun v. N. Ga. Elec. Membership Corp., 233 Ga. 759, 768-770 (5) (b) (213 SE2d 596) (1975) (statute contained sufficiently definitive standards when its purposes were appropriate, other provisions put those purposes into effect completely and thoroughly, and it limited the delegatee’s authority to applying standards set forth in the...
Supreme Court opinion · Supreme Court of Georgia · August 26, 2025
Gateway Pines Hahira, Lp v. Lowndes County Board of Tax Assessors
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that county tax assessors may still use the income approach to value affordable housing properties that receive federal low-income housing tax credits, correcting a Court of Appeals ruling that had barred the method entirely.
4 See OCGA § 48-5-2(3)(B.1) (“The tax assessor shall not consider any income tax credits with respect to real property which are claimed and granted pursuant to either Section 42 of the Internal Revenue Code of 1986, as amended, or Chapter 7 of this title in determining the fair market value of real property.”). 5 That provision states: “Except as otherwise...
Supreme Court opinion · Supreme Court of Georgia · January 28, 2025
Brundage v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia reversed a DeKalb County man's felony murder and firearm possession convictions because his lawyer failed to object when the prosecutor wrongly told jurors that self-defense could never excuse a felon caught with a gun.
320 Ga. 721 FINAL COPY S24A1369. BRUNDAGE v. THE STATE.
LAGRUA, Justice, concurring. I agree with the majority opinion that our prior cases on ineffective assistance of counsel and felony murder require reversal here, so I concur. Under OCGA § 16-11-138, Brundage indeed had an absolute defense to felony murder predicated on possession of a firearm by a convicted felon if the jury believed that the shooting was...
Supreme Court opinion · Supreme Court of Georgia · December 9, 2025
Venticinque v. Lair
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia sent a custody dispute between a mother and her former partner back to the trial court, ruling that the judge wrongly required the mother to prove her child would be harmed rather than requiring the former partner to prove it.
biological parent to obtain custody over their child,” arguing that “fitness or unfitness of a parent is not always a binary and absolute conclusion, particularly when mental health is considered.” Lair suggests that the Equitable Caregiver Statute allows an adjudicated equitable caregiver to obtain physical custody where a biological parent experiences...
Lair primarily cites three cases in support of waiver, but none of them applies here. The first case, Georgia v. Public.Resource.Org, Inc., 590 US 255 (2020), was about whether federal copyright law extends to annotations in Georgia’s official annotated Code, and invoked the presumption that all citizens know the law merely as support for the necessity of...
Supreme Court opinion · Supreme Court of Georgia · January 28, 2025
WALTON ELECTRIC MEMBERSHIP CORPORATION v. GEORGIA POWER COMPANY (Two Cases)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that Nestle Purina could switch its electric provider for its Hartwell pet food plant, holding that a facility can be legally 'dismantled' even without total demolition.
3 As we explained in Premier, [t]his is not to say that all mixed findings are reviewed for abuse of discretion. For instance, a “mixed question of constitutional law,” even if “fact-intensive,” generally calls for de novo review. Efficiency Lodge, 316 Ga. at 565 (2) (b) (ii) n.6 (punctuation omitted) (quoting Lilly v. Virginia, 527 U.S. 116, 136-137 (V)...
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