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Found 117 matching documents.
Supreme Court opinion · Supreme Court of Georgia · April 16, 2024
Milton v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Wilkes County man's murder conviction, ruling that the jury heard enough evidence to find him guilty either as the shooter or as a participant in a fatal beating.
the crimes of which he was convicted.” Kirkland v. State, 318 Ga. 639, 659 (8) (898 SE2d 536) (2024). See also Jackson, 443 U.S. at 319 (III) (B); Fitts v. State, 312 Ga. 134, 141 (3) (859 SE2d 79) (2021). “This limited review leaves to the jury the resolution of conflicts in the evidence, the weight of the evidence, the credibility of witnesses, and...
Moreover, “[e]very person concerned in the commission of a crime is a party thereto and may be charged with and convicted of commission of the crime.” OCGA § 16-2-20 (a). To obtain a conviction of a person as a party to the crime, the State must prove “that he intentionally aided or abetted in the commission of the crimes or intentionally advised,...
Supreme Court opinion · Supreme Court of Georgia · June 11, 2024
Tatum v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that courts applying the independent source doctrine must decide whether police decided to seek a search warrant because of an earlier illegal search, not just whether the warrant application had enough evidence on its own.
1 The incident occurred late at night on July 15, 2018, and Appellant was arrested either on July 15, 2018, or very early in the morning on July 16, 2018. On October 17, 2018, Appellant was indicted by a Madison County grand jury for a “peeping Tom” violation pursuant to OCGA § 16-11-61 (Count 1), invasion of privacy in violation of OCGA § 16-11-62 (Count...
Judgment vacated and case remanded. All the Justices concur. Decided June 11, 2024. Certiorari to the Court of Appeals of Georgia — 367 Ga. App. 439. McArthur & McArthur, John J. McArthur, for appellant. D. Parks White, District Attorney, Jeffrey C. Lee, Michael M. Coveney, Assistant District Attorneys, for appellee. Hunter J. Rodgers, V. Natasha Perdew...
Supreme Court opinion · Supreme Court of Georgia · May 29, 2024
SMITH v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a $1 million civil forfeiture case against a metal recycling family must go back for further review because the State's complaint did not properly spell out the crime of theft by taking.
3. In the second certiorari question, we asked if the Court of Appeals erred in holding that, because the intent element of theft by taking could be inferred from the allegations of the second amended complaint, the second amended complaint satisfied OCGA § 9-16-12 (a)’s requirement that the complaint allege the essential elements of the offense. As...
We begin our construction of OCGA § 9-16-12 (a) by noting that the provision, which was enacted in 2015, see Ga. L. 2015, pp. 693, 702, 753, §§ 1-1, 4-1 (effective July 1, 2015), was modeled on a statutory precursor in the Criminal Code. That statutory precursor provided that an in rem forfeiture complaint must “allege the essential elements of the...
Supreme Court opinion · Supreme Court of Georgia · November 5, 2024
In the Matter of John Carl Huber
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia disbarred attorney John Carl Huber by accepting his voluntary surrender of license, backdated to May 12, 2021, after his felony convictions for aggravated assault, burglary, and other crimes.
PER CURIAM. This disciplinary matter is before the Court on the petition for voluntary surrender of license filed by John Carl Huber (State Bar No. 125360) prior to the issuance of a formal complaint. See Bar Rule 4-227 (b) (2). Huber, who has been a member of the State Bar since 2013, admits that on March 1, 2022, he was convicted of six felony counts and...
320 Ga. 314 FINAL COPY S24Y1132. IN THE MATTER OF JOHN CARL HUBER.
Supreme Court opinion · Supreme Court of Georgia · June 11, 2024
DUNSTON v. THE STATE (Two Cases)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld the felony murder convictions of Dallas McCabe and Akhemu Dunston, who drove and planned a robbery of a marijuana buyer that ended with a co-defendant shooting him during a getaway.
After the shooting, McCabe fled Georgia and eventually traveled to Mexico, where he obtained a new phone number and created a social media account using an alias. On August 1, pictures of McCabe’s car, which showed damage to the rear passenger-side window, were taken by tag-reader cameras in Texas as McCabe drove through the state. McCabe was located by the...
1. Both McCabe and Dunston contend that the evidence was constitutionally insufficient to support the jury’s verdicts. When evaluating the sufficiency of the evidence as a matter of federal constitutional due process, we view the evidence presented at trial in the light most favorable to the prosecution and consider whether it was sufficient to authorize a...
Supreme Court opinion · Supreme Court of Georgia · April 16, 2024
Henderson v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld the murder conviction of a DeKalb County man who stabbed his 15-year-old sister to death, ruling that evidence of a prior knife assault on another sister was properly admitted and that no voluntary manslaughter instruction was warranted.
ELLINGTON, Justice. A DeKalb County jury found Gavin Henderson (“Henderson”) guilty of malice murder, cruelty to children in the first degree, and possession of a knife during the commission of a felony in connection with the fatal stabbing of his sister, Kiara Henderson.1 Henderson contends the trial court erred in admitting prior-acts evidence, failing to...
The evidence adduced at trial shows the following. In June 2018, 27-year-old Henderson lived in the Lacota Apartments in DeKalb County with his mother, Trayshelle Henderson, and his three siblings, 21-year-old Ceaira Henderson, 15-year-old Kiara, and 11-year-old Z. G. On June 18, Trayshelle and Ceaira left for work, leaving Kiara and Z. G. at home with...
Supreme Court opinion · Supreme Court of Georgia · October 31, 2024
Miller v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Bryan Miller's murder conviction, ruling that evidence of two earlier violent incidents with his wife was properly used to show a pattern in their relationship, despite Miller's claim that he shot her in self-defense.
Regarding this incident, Miller testified at trial that he and Gracie had been “having an argument” and “kind of fussing,” and that ultimately his wife threw a cup of bleach in his face. He testified that a friend of his called the police on his behalf, over his objection, to report the bleach attack. But when police arrived, they took Miller into custody,...
6 The trial court initially told the jury that its limiting instruction applied to all “succeeding witnesses,” but later clarified that the instruction only applied to the two officers testifying about the two prior incidents at issue here. of jealous rage, she broke the wine glass and cut herself to frame him for assault. Officer Seiferheld arrested Miller...
Supreme Court opinion · Supreme Court of Georgia · December 10, 2024
Sumrall v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld the denial of a DeKalb County man's decades-late request for retroactive first-offender treatment, ruling he never got the prosecutor's required consent before filing and that the law does not violate his constitutional rights.
(c) In considering a petition pursuant to this Code section, the court may consider any: (1) Evidence introduced by the petitioner; (2) Evidence introduced by the prosecuting attorney; and (3) Other relevant evidence. (d) The court may issue an order retroactively granting first offender treatment and discharge the defendant pursuant to this article if the...
320 Ga. 617 FINAL COPY S24A1368. SUMRALL v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · January 17, 2024
Shellman v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Chatham County man's murder conviction for killing his wife, rejecting his claim that a police officer shot him and staged the scene, and ruling that her journal describing his abuse was properly admitted at trial.
Even assuming the evidence against Shellman was entirely cir- cumstantial, the evidence authorized the jury to reject Shellman’s alternative hypothesis as unreasonable. As recounted above, Sha- nelle’s two children and the responding officers all testified that Shellman and Shanelle were lying wounded on the bedroom floor, not on the front porch as he...
At trial, the State established that police found the journal in the closet in the bedroom of the crime scene. And Shanelle’s mother identified the handwriting in the journal as Shanelle’s, explaining that she recognized Shanelle’s handwriting because she had re- ceived cards and letters from her. The State published the admitted portions of the journal to...
Supreme Court opinion · Supreme Court of Georgia · June 27, 2024
White v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Erica White's murder and RICO convictions for the codeine poisoning death of her disabled two-year-old son, rejecting claims about improper evidence, severance, indictment defects, ineffective counsel, and withheld evidence.
(b) The Trial Court Did Not Abuse Its Discretion in Declining to Sever Counts 5, 7 through 14, and 16 (i) Having concluded that severance of Counts 5, 7 through 14, and 16 was not mandatory, we must evaluate whether the trial court nonetheless abused its discretion by denying White’s motion to sever. To begin, White has not pointed to any evidence, and we...
White has not shown that the trial court erred in denying her special demurrer based on her arguments about “improper comments” on her character. To begin, “an indictment is not evidence,” Cash v. State, 297 Ga. 859, 863 n.4 (778 SE2d 785) (2015), and the trial court instructed the jury on that point. Moreover, the language of Count 16 accurately described...
Supreme Court opinion · Supreme Court of Georgia · December 10, 2024
Scott v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Cobb County man's murder conviction, ruling that circumstantial evidence, including matching shell casings and eyewitness descriptions, was enough for the jury to find him guilty beyond a reasonable doubt.
320 Ga. 485 FINAL COPY S24A1125. SCOTT v. THE STATE.
Judgment affirmed. All the Justices concur. Decided December 10, 2024. Murder. Cobb Superior Court. Before Judge Harris. Brian A. Hobbs, for appellant. Flynn D. Broady, Jr., District Attorney, Linda J. Dunikoski, Assistant District Attorney; Christopher M. Carr, Attorney General, Beth A. Burton, Deputy Attorney General, Meghan H. Hill, Clint C. Malcolm,...
Supreme Court opinion · Supreme Court of Georgia · December 20, 2024
Parker v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Stefan Parker's murder conviction, finding the jury was entitled to reject his self-defense claim and that no trial error or ineffective assistance required a new trial.
320 Ga. 572 FINAL COPY S24A1327. PARKER v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · September 4, 2024
NORTH AMERICAN SENIOR BENEFITS, LLC v. WIMMER
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a non-recruitment clause in an employment contract does not need to spell out a specific geographic area to be enforceable, so long as its scope is reasonable under the circumstances.
We turn first to subsection (a)’s plain text, which, as always, must be the north star of our analysis. Read as a whole, subsection (a) establishes a general standard of enforceability for “contracts that restrict competition during the term of a restrictive covenant” and specifically requires that “such restrictions” be “reasonable in time, geographic...
Specifically, OCGA § 13-8-53 (c)6 sets forth guidelines for descriptions contained in restrictive covenants, stating that the description must provide “fair notice of the maximum reasonable scope of the restraint,” even if the description “is generalized or could possibly be stated more narrowly to exclude extraneous matters.” OCGA § 13-8-53 (c) (1)....
Supreme Court opinion · Supreme Court of Georgia · December 10, 2024
In the Matter of Michael Frederick Greene
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia disbarred attorney Michael Frederick Greene after he abandoned three clients, missed court hearings, and refused to cooperate with State Bar disciplinary proceedings.
Finally, with regard to SDBD No. 7880, in July 2023, a client retained Greene to investigate the incarceration of her father who was an inmate at a federal prison in Georgia. The scope of the representation included an investigation into why the federal prison was holding the father in isolation; whether the father was charged with new crimes; and whether...
Supreme Court opinion · Supreme Court of Georgia · January 17, 2024
Adams v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Fulton County man's murder conviction for a fatal drive-by shooting, rejecting his claims that the evidence was too weak, that evidence found in his home should have been suppressed, and that his lawyer had a conflict of interest from representing him and his brother together.
318 Ga. 105 FINAL COPY S23A1207. ADAMS v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · November 19, 2024
In THE MATTER OF ESTON WILLIAM HOOD, JR. (Two Cases)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia suspended attorney Eston William Hood, Jr. for two years, rejecting a recommended one-year suspension as too lenient given his admitted false statements to opposing counsel, courtroom staff, and the State Bar itself.
320 Ga. 440 FINAL COPY S24Y1267, S24Y1268. IN THE MATTER OF ESTON WILLIAM HOOD, JR. (two cases).
7 Rule 8.4 (a) (4) provides that “[i]t shall be a violation of the [GRPC] for a lawyer to . . . engage in professional conduct involving dishonesty, fraud, deceit or misrepresentation.” GRPC, all of which carry a maximum penalty of disbarment. The Special Master agreed, concluding that Hood violated Rule 5.5 (a) by appearing in court with his client while...
Supreme Court opinion · Supreme Court of Georgia · October 31, 2024
Whitaker Farms, LLC v. Fitzgerald Fruit Farms, LLC
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that statements a farm owner made during settlement talks cannot be used to prove liability for punitive damages, reversing a Court of Appeals decision that had allowed such evidence at a peach farm trespass trial.
In April 2016, Whitaker learned that Lennon had “pushed up” some trees on Whitaker Farms’s property, and Whitaker reported the incident to the local sheriff. A sheriff’s deputy told Whitaker that the issue was a civil matter, explaining the deputy’s understanding that Lennon had an ownership interest in the damaged trees. On August 4, 2016, Fitzgerald...
Supreme Court opinion · Supreme Court of Georgia · November 19, 2024
In the Matter of Christian Aaron Coomer
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia accepted a two-year law license suspension for Christian Aaron Coomer, a former Court of Appeals judge, over conflicts of interest and financial dealings with an elderly client.
PER CURIAM. This disciplinary matter is before the Court on the report and recommendation of Special Master Adam M. Hames, who recommends accepting the amended petition for voluntary discipline by Respondent Christian Aaron Coomer (State Bar No. 184995) and imposing a two-year suspension nunc pro tunc to August 16, 2023. In the petition, Coomer admitted...
(2) the client is advised in writing of the desirability of seeking and is given a reasonable opportunity to seek the advice of independent counsel in the transaction; and (3) the client gives informed consent, in a writing signed by the client, to the essential terms of the transaction and the lawyer’s role in the transaction, including whether the lawyer...
Supreme Court opinion · Supreme Court of Georgia · February 20, 2024
Reyes v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a 15-year sentence for a man convicted of killing a driver while drunk, ruling that a trial court may consider a defendant's immigration status and likely deportation in deciding whether to allow probation.
OCGA § 17-10-1.3 permits trial courts to consider whether the “person to be sentenced is lawfully present in the United States under federal law,” and further, whether such person “would be legally subject to deportation from the United States while serving a probated sentence.” OCGA § 17-10-1.3 (a), (b). If so, the trial court may, “[w]here appropriate,...
318 Ga. 340 FINAL COPY S23A1135. REYES v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · February 6, 2024
Rashad v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld the murder conviction of a Floyd County man for killing his girlfriend's two-year-old son, finding the evidence was strong enough for the jury and that his trial lawyer's choices were not constitutionally deficient.
1. Viewed in the light most favorable to the jury’s verdict, the evidence at trial showed the following. In the summer of 2017, Rashad entered into a romantic relationship with Sydney Dean, who had two children from past relationships, Adrian and L. D. The couple began living together in September 2017, and after about a month, their relationship started to...
Rashad organized their finances, Sydney testified: “It was split. [Rashad] felt like since he moved up here from Atlanta, I should be paying that, and he should be getting on his feet since he just got out of jail.” Rashad contends that his trial counsel performed deficiently by allowing this testimony, which Rashad characterized as “evidence of his bad...
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