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Found 194 matching documents.
Supreme Court opinion · Supreme Court of Georgia · May 31, 2023
Knox v. State of Georgia
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a lawsuit by five University System professors challenging Georgia's 2017 'campus carry' law was moot, because the Board of Regents itself adopted a policy allowing guns on campus consistent with that law.
10 In pertinent part, OCGA § 16-11-127.1 (c) (2017) as amended provided: The provisions of this Code section [making it unlawful for any person to carry or possess any weapon while within a school safety zone, at a school function, or on a bus or other transportation furnished by a school] shall not apply to: ... (20) (A) Any weapons carry license holder...
(v) Not apply to faculty, staff, or administrative offices or rooms where disciplinary proceedings are conducted; (vi) Only apply to the carrying of handguns which a licensee is licensed to carry pursuant to subsection (e) of Code Section 16-11-126 and pursuant to Code Section 16-11-129; and (vii) Only apply to the carrying of handguns which are concealed....
Supreme Court opinion · Supreme Court of Georgia · February 28, 2020
Johnson v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a felony probationer charged with murder may still argue self-defense if his possession of the gun he used was itself justified under Georgia's Safe Carry Protection Act, sending his case back to the trial court.
5 Prior to the enactment of the Safe Carry Protection Act, and in the absence of any statute specifically providing a justification defense for crimes involving the unlawful possession or carrying of firearms, this Court adopted a “sudden emergency” standard to identify the circumstances in which such possession or carrying would be lawful. See Cauley v....
11-127.2 (a); the unlawful possession of a firearm in restricted access areas of commercial service airports, OCGA § 16-11-130.2 (a); the unlawful possession of a handgun by a person under the age of 18 years, OCGA § 16-11-132 (b); and the unlawful carrying of a handgun by a person with a valid license to carry but without proof of the license in his...
Supreme Court opinion · Supreme Court of Georgia · November 3, 2026
EAGER HOLDINGS, LLC v. PATEL
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia declined to review a dispute between an LLC and one of its members, but one Justice wrote that the lower court likely erred, and that the case may no longer need a ruling because the disputed money was returned.
Indeed, a legal entity seeking to clarify and settle the rela- tive rights of its members so that it can take certain actions going forward without risking liability or other legal risks strikes me as just the sort of thing that declaratory judgments are meant for. See, e.g., Republican Nat’l Comm. v. Eternal Vigilance Action, Inc., 321 Ga. 771, 791 (2025)...
Supreme Court opinion · Supreme Court of Georgia · September 19, 2023
Roberts v. Cuthpert
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a man who successfully sued for a weapons carry license can pursue recovery of his attorney fees from the probate judge who denied him, because Georgia law waives sovereign immunity for such claims.
After receiving the application, a probate judge must direct the appropriate law enforcement agency in the county, to . . . (1) . . . request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate...
When an eligible applicant fails to receive a license, temporary renewal license, or renewal license within the time period required by this Code section and the application or request has been properly filed, the applicant may bring an action in mandamus or other legal proceeding in order to obtain a license, temporary renewal license, or renewal license....
Supreme Court opinion · Supreme Court of Georgia · April 20, 2020
Rickman v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Victoria Rickman's malice murder conviction for shooting William Carter Jr., rejecting claims that her lawyer should have challenged cell phone searches and that prior-incident evidence was wrongly admitted.
309 Ga. 38 FINAL COPY S20A0127. RICKMAN v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · December 7, 2020
Golden v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Houston County man's felony murder conviction for a fatal motel robbery, finding the evidence sufficient and rejecting challenges to his police interview and to testimony implicating him in a prior robbery.
310 Ga. 538 FINAL COPY S20A1273. GOLDEN v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · December 20, 2022
BARNHILL v. ALFORD
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a grandmother could still seek visitation with her granddaughter even after the child's stepmother adopted her, and upheld the grandparent visitation law's clear-and-convincing-evidence standard as constitutional.
OCGA § 19-7-3 (c) (1) provides in pertinent part that the court may grant any family member of the child reasonable visitation rights if the court finds by clear and convincing evidence that the health or welfare of the child would be harmed unless such visitation is granted and if the best interests of the child would be served by such visitation. The mere...
court “shall consider” in making that determination. See id. However, the statute does not provide that any one of these four factors is sufficient by itself — these are simply factors to be considered by the trial court in making a holistic assessment of whether family member visitation is in the best interest of the child. Moreover, as addressed in more...
Supreme Court opinion · Supreme Court of Georgia · November 12, 2020
Smallwood v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Paulding County man's felony conviction for entering an automobile, ruling the statute is not unconstitutionally vague and that the more lenient criminal trespass law does not apply to his case.
310 Ga. 445 FINAL COPY S20A1274. SMALLWOOD v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · June 16, 2020
GARDHIGH v. THE STATE (And Vice Versa)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Floyd County man's voluntary manslaughter conviction for beating his former boss to death over unpaid wages, and rejected the State's attempt to have him convicted of felony murder instead.
Under OCGA § 16-3-21 (a), a person is justified in using deadly force against another person when he reasonably believes that “such force is necessary to prevent death or serious bodily injury to himself.” OCGA § 16-3-24.2 says in pertinent part that “[a] person who uses threats or force in accordance with Code Section 16-3-21 . . . shall be immune from...
Supreme Court opinion · Supreme Court of Georgia · January 19, 2022
Jenkins v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld the murder and related convictions of a man involved in a violent Gwinnett County home invasion, rejecting his challenges to the felon-in-possession evidence, flight testimony, and his lawyer's performance.
313 Ga. 81 FINAL COPY S21A1127. JENKINS v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · February 3, 2026
Graham v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Lowndes County man's felony murder conviction, rejecting claims that his trial lawyer was ineffective for not seeking certain jury instructions on self-defense and character evidence.
4 OCGA § 16-3-23 provides: A person is justified in threatening or using force against another when and to the extent that he or she reasonably believes that such threat or force is necessary to prevent or terminate such other’s unlawful entry into or attack upon a habitation; however, such person is justified in the use of force which is intended or likely...
Supreme Court opinion · Supreme Court of Georgia · June 30, 2022
McIver v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia reversed Tex McIver's felony murder conviction in the shooting death of his wife Diane, ruling the trial judge should have let jurors consider a lesser misdemeanor manslaughter charge.
17 When the Official Code of Georgia Annotated was adopted in 1982, the 1968 revision, Ga. Code Ann. § 26-1103, was carried forward as OCGA § 16-5-3. The definitional language was unchanged, other than the removal of two commas, but the language prescribing the penalty was reworded. The maximum penalty for unlawful act involuntary manslaughter was increased...
11 Before closing arguments began, the trial court noted that it had sent the revised charge to counsel via e-mail. McIver’s counsel objected to the omission of an instruction on OCGA § 16-5-3 (b), asserting that reckless conduct and negligent conduct were different, and the trial court noted that “you and I disagree,” but gave no explanation. 12 OCGA §...
Supreme Court opinion · Supreme Court of Georgia · December 19, 2023
Chambliss v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Monroe County man's felony murder conviction for shooting his girlfriend, rejecting his claims of insufficient evidence, jury instruction errors, and ineffective counsel.
2 OCGA § 16-3-21 (a) states: A person is justified in threatening or using force against an- other when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other’s imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a per- son...
318 Ga. 161 FINAL COPY S23A0802. CHAMBLISS v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · June 16, 2020
Tumlinson v. Dix
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a Spalding County habeas court was wrong to throw out a man's challenge to being denied bond without ever looking at whether his claims had merit or holding a hearing.
309 Ga. 184 FINAL COPY S20A1277. TUMLINSON v. DIX.
Supreme Court opinion · Supreme Court of Georgia · January 27, 2020
Allen v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Lee County man's felony murder conviction for shooting a man who tried to intervene in a domestic dispute, but voided his separate aggravated assault sentence because it should have merged with the murder conviction.
307 Ga. 707 FINAL COPY S19A1266. ALLEN v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · March 15, 2022
Cook v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia eliminated the decades-old practice of letting convicted defendants ask a trial court directly for a late appeal, ruling that habeas corpus is now the only proper way to seek that relief.
313 Ga. 471 FINAL COPY S21A1270. COOK v. THE STATE.
I am authorized to state that Justice McMillian joins in this concurrence.
Supreme Court opinion · Supreme Court of Georgia · January 28, 2025
Pierce v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a trial court order restricting Jason Pierce's civil filings, ruling that Pierce never actually asked the trial court to lift those restrictions before appealing.
320 Ga. 692 FINAL COPY S24A1276. PIERCE v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · June 21, 2021
STAR RESIDENTIAL, LLC v. HERNANDEZ
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a shooting victim could not sue his apartment complex's owner and operator for treble damages under the state's anti-gang law, because that law only lets victims sue the gang members who actually caused their injuries.
2. The Court of Appeals also erred in its interpretation of the following language of OCGA § 16-15-7 (c): No judgment shall be awarded unless the finder of fact determines that the action is consistent with the intent of the General Assembly as set forth in Code Section 16-15- 2. (Emphasis supplied). The Court of Appeals reasoned that this language...
Judgment reversed. All the Justices concur. 5 In this regard, OCGA § 16-15-2 acts as a limit on the scope of conduct for which defendants may be held liable for damages under OCGA § 16-15-7 (c). For example, pursuant to OCGA § 16-15-2 (a): ... It is not the intent of this chapter to interfere with the exercise of the constitutionally protected rights of...
Supreme Court opinion · Supreme Court of Georgia · June 21, 2021
Kinslow v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia reversed a Norcross IT worker's felony computer trespass conviction, ruling that copying and forwarding his boss's emails to his own account did not legally count as 'interfering' with data under the statute.
If OCGA § 16-9-93 (b) (2) is as broad as the State suggests, “obstructing” and “interrupting” become entirely surplusage and redundant; in such an event, the relevant text would need to list only “interfering.”5 We should presume that the General Assembly 5 Such a construction of OCGA § 16-9-93 (b) (2) also would potentially render superfluous other...
the City’s computer network to copy and forward Cothran’s e-mails with the intention of examining Cothran’s personal data. The other provisions of OCGA § 16-9-93 are broad and provide ample means to deter and punish a wide range of conduct, without expanding the meaning of “interfering” as used in OCGA § 16-9-93 (b) (2). Even ascribing to “interfering” the...
Supreme Court opinion · Supreme Court of Georgia · February 15, 2022
Morrell v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Chatham County man's murder conviction, ruling that a witness's recorded police statements could be used against him because he was responsible for that witness's refusal to testify, and that evidence of related witness intimidation was properly admitted.
313 Ga. 247 FINAL COPY S21A1273. MORRELL v. THE STATE.
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