Georgia CommonsSearch every collection
Search Georgia Commons
Bills, Supreme Court opinions, the Code and the two constitutions, and House and Senate meeting transcripts, in one search. Ask in plain words: the search ranks passages by meaning as well as by their words.
Filters:Supreme Court opinions 2026 Clear filters
Found 80 matching documents.
Supreme Court opinion · Supreme Court of Georgia · February 3, 2026
Jenkins v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia dismissed a man's direct appeal from the denial of his statutory speedy trial demand, ruling he was required to use interlocutory appeal procedures instead and that the court lacked jurisdiction to hear the case as filed.
COLVIN, Justice. In this case, Appellant Roshoun Jacarri Jenkins appealed directly from the dismissal of his statutory speedy trial demand, which he made pursuant to OCGA § 17-7-171. Because the dismissal of a speedy trial demand does not fall within one of the categories of cases from which a direct appeal is authorized under OCGA § 5-6-34(a), Jenkins was...
In Hubbard v. State, 254 Ga. 694 (1985), we held that when a defendant files a speedy trial demand under OCGA § 17-7-170, which governs speedy trial demands in noncapital cases, and later moves to dismiss the indictment against him under that statute, he may appeal directly from the denial of such motion without following the interlocutory appellate...
Supreme Court opinion · Supreme Court of Georgia · June 16, 2026
Price v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia vacated part of the ruling against a Fulton County man convicted of murder, finding the trial judge made legal errors in rejecting his claim that he was denied a speedy trial, and sent the case back for a proper analysis.
2 OCGA § 17-7-171(a) provides: Any person accused of a capital offense may enter a demand for speedy trial at the term of court at which the indictment is found or at the next succeeding regular term thereafter; or, by special permission of the court, the defendant may at any sub- sequent term thereafter demand a speedy trial. The demand for speedy trial...
If the trial court significantly misapplies the law or clearly errs in a material factual finding, we will af- firm the trial court’s exercise of discretion only if we can conclude that, had the trial court used the cor- rect facts and legal analysis, it would have had no discretion to reach a different judgment. But if the trial court would still have...
Supreme Court opinion · Supreme Court of Georgia · September 9, 2026
Kitchens v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia affirmed a Bibb County man's murder conviction after finding no constitutional speedy trial violation, sufficient evidence of gang crimes, no discovery violation, and no ineffective assistance by his trial lawyer.
The State’s gang expert testified that Kitchens and Car- swell were members of GDM, which had about 50 to 60 members, “deal[t] mostly in drugs,” and was affiliated with the Gangster Disciples. He explained that both GDM and the Gangster Disci- ples used a “Star of David” and a “pitchfork” as “signs.” He also testified that gangs typically operate in a...
In the first appeal of this case, we held that a presumption of prejudice arose under the first part of the Barker framework, but we concluded that the trial court misapplied the law and made a clearly erroneous finding of fact in its analysis of the sec- ond part of the framework. Specifically, we concluded that as to the length-of-the-delay factor, the...
Supreme Court opinion · Supreme Court of Georgia · June 2, 2026
Sheffield v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Coffee County man's malice murder conviction in his wife's shooting death, but sent his speedy-trial claim back to the trial court because the judge miscalculated the delay and did not properly assign blame for it.
But there are important differences between the evidence presented in Carter and the evidence presented in this case. Ste- phens’s testimony that she maintained contact with Sheffield— including sharing two phone calls the week of the murder—is ev- idence that Stephens and Sheffield were in contact mere days be- fore the crimes, whereas the appellant and...
On October 21, 2021 (one day before a scheduled hearing on pretrial motions and four days before trial started), Sheffield filed a motion to dismiss on the ground that his constitutional right to a speedy trial had been violated. No hearing was held on the motion, and no written order was issued on the motion before trial. However, at the hearing on...
Supreme Court opinion · Supreme Court of Georgia · September 9, 2026
Johnson v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Burke County man's 2000 murder and robbery convictions, rejecting claims of insufficient evidence, ineffective counsel, and prosecutorial misconduct, despite a decades-long delay in resolving his post-trial motions.
On January 28, 2022, the trial court issued an order deny- ing Johnson’s motion for new trial, as amended. Johnson filed a notice of appeal on February 21, 2022, and the case was docketed to this Court on April 27, 2022 (S22A0964). The Court ultimately remanded the case for the trial court “to dismiss Johnson’s motion for out-of-time motion for new trial...
when there is no evidence to the contrary,” and these claims could be “addressed based on the record.” The court also determined that the delay did not prevent Johnson’s appellate counsel from “pursuing his appeal or adequately arguing an enumeration of er- ror.” Finally, the court noted that Johnson had failed to show that he was “harmed or prejudiced in...
Supreme Court opinion · Supreme Court of Georgia · March 12, 2026
GINES v. THE STATE (Three Cases)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld the murder convictions of three men in the shooting death of Kadarius Medlock, rejecting claims about leg restraints, jury instructions, missing evidence, and ineffective lawyering.
8 As we reminded trial courts in Merritt, “a defendant’s Fifth and Fourteenth Amendment due process rights prohibit the use of physical restraints absent a trial court determination that they are justified by a state 4. The Appellants next argue that they were denied their right to a speedy appeal due to the nearly six-year delay between the filing of their...
Gines and Dawson also argue that they were prejudiced by the delay because they are unable to support their claims of ineffective assistance related to their trial counsels’ decision not to call G.A., one of Medlock’s neighbors, to testify at trial. In support of this argument, they point to G.A.’s testimony at the motion for new trial hearing regarding...
Supreme Court opinion · Supreme Court of Georgia · June 16, 2026
CLARK v. LEIGH (And Vice Versa)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a Bibb County jury's wrongful death and pain-and-suffering award for April Clark cannot be cut down by Georgia's $350,000 cap on noneconomic medical malpractice damages, because that cap cannot be separated from damages the jury trial right protects. The court sent the case back for further proceedings.
1. Right to Trial by Jury Georgia’s guarantee of the right to trial by jury first appeared in our state constitution in 1777. See Ga. Const. of 1777, Art. LXI (“Freedom of the press, and trial by jury, to remain inviolate forever.”). The provision remained in similar language in the 1789 Constitution. See Ga. Const. of 1789, Art. IV, Sec. III (“Freedom of...
of trial by jury, except where it is otherwise provided in this constitution, shall remain inviolate.”). The 1868 Constitution was the first Constitution to refer to “[t]he right of trial by jury.” Id. (emphasis added). The provision has been carried forward in materially identical form into every Constitution since, including in our current Constitution....
Supreme Court opinion · Supreme Court of Georgia · August 13, 2026
Kelly v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Cobb County man's murder conviction despite a ten-year delay in resolving his motion for new trial, ruling that he failed to show the delay actually hurt his appeal.
the inexcusable delay in post-conviction proceedings violated his due process right to appeal. See Chat- man v. Mancill, 280 Ga. 253 (2006). Further, that Mr. Kelly’s motion for new trial has remained pend- ing since his conviction while his co-defendant’s case was litigated and affirmed in 2018, see Blackwell v. State, 302 Ga. 820 (2018), deprived Mr....
In response, Rodgers agreed that the State’s legal analysis was correct but that he was “making a good faith[ ]argument to try and attack some of the required prejudice aspect of this.” He also noted that Kelly’s co-defendant, Blackwell – who was “tried at the same time [and] convicted at the same time” as Kelly – “had his case litigated, appealed and...
Supreme Court opinion · Supreme Court of Georgia · August 13, 2026
Coleman v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia affirmed a Fulton County man's murder conviction, finding the trial evidence sufficient, his lawyer's performance not constitutionally deficient, and his other claims either waived or unsupported by the record.
Coleman also argues that counsel should have filed a speedy trial demand, and this argument fails for a similar reason. Because a delay in bringing a case to trial may work to a defendant’s advantage, a defendant must show that trial counsel’s failure to file a speedy trial demand was objectively unreasonable. See Lee v. State, 323 Ga. 327, 334–35 (2025)....
(b) Unsupported claims Coleman also argues that he was denied the right to counsel during the plea and arraignment phase when “counsel came in one month after the plea and arraignment.” This claim is not supported by the record. The record shows that Coleman was represented by counsel soon after his arrest, as counsel filed a request for bond in March 2019,...
Supreme Court opinion · Supreme Court of Georgia · June 30, 2026
Mosley v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Georgia State Prison inmate's felony murder conviction for killing his cellmate, rejecting claims about the evidence, jury instructions, a judge's reversal of a new trial order, and a delayed trial transcript.
9. Finally, Mosley argues that the trial court erred in re- scinding the order granting him a new trial because the nearly 23 month delay in preparing the trial transcript violated due pro- cess, impaired Mosley’s ability to amend his motion for new trial, and denied him meaningful appellate review. We review a claim that a delayed appeal constituted a due...
MCMILLIAN, Justice. Shawn Mosley, an inmate at Georgia State Prison, appeals his convictions for felony murder and related crimes in connection with the stabbing death of fellow inmate Adrian White. 1 On ap- 1 The crimes were committed on December 3, 2019. In December 2020, a Tattnall County grand jury indicted Mosley for malice murder (Count 1), fel- ony...
Supreme Court opinion · Supreme Court of Georgia · February 17, 2026
Bradford v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Fulton County man's felony murder and gang convictions, rejecting claims of insufficient evidence and ineffective trial counsel, but sharply criticized the 13-year delay in resolving his post-conviction motions.
Bradford, through counsel (Dolly M. Fairclough), timely filed a motion for new trial in August 2012, but it took 13 years for the trial court to rule on that motion. No order allowing counsel to withdraw is in the record. Bradford filed several pro se pleadings over the years, making repeated requests for trial transcripts to pursue habeas corpus relief,...
This inordinate delay was unacceptable. We regrettably find it necessary to say, yet again, that “it is the duty of all those involved in the criminal justice system, including trial courts and prosecutors as well as defense counsel and defendants, to ensure that the appropriate post-conviction motions are filed, litigated, and decided without unnecessary...
Supreme Court opinion · Supreme Court of Georgia · August 13, 2026
Allen v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia affirmed Daniel Lee Allen's murder conviction for the killing of Dwayne Louder, rejecting his challenges to evidence about his drug use, his arrest in New York, and a mid-trial change of lawyers.
PINSON, Justice. Daniel Lee Allen was convicted of malice murder and other crimes in connection with the shooting death of Dwayne Louder. 1 On 1 Louder was killed on January 2, 2010. On March 12, 2010, a Troup County grand jury indicted Allen and four co-defendants, Sade Davidson, Toray Porter, Kelly Stephens, and Arthur Barrett, for malice murder (Count...
Those claims of error fail. The evidence of Allen’s prior drug use was admissible under the old Evidence Code because it was rel- evant to his motive to commit the charged crimes. Any error in al- lowing evidence that Allen was arrested in New York was harmless because it is highly probable that it did not contribute to the verdict. And Allen’s...
Supreme Court opinion · Supreme Court of Georgia · September 22, 2026
Gamble v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Tamieka Gamble's murder conviction, ruling she failed to explain why the evidence against her was insufficient or how the State failed to disprove her claim that she acted under coercion.
year term on Count 12, and a concurrent five-year term on Count 13. The remaining counts were either vacated by operation of law or merged for sentencing purposes. In August 2015, Gamble timely filed a motion for new trial. Gamble was appointed new counsel in June 2018. In November 2018, the State asked for a status conference since the trial transcripts...
1. The evidence presented at Gamble’s trial. The evidence presented at trial showed the following. Jowers was retired and lived in an apartment complex in Fulton County. On August 3, 2010, Jowers spoke to a neighbor, Kathy Wilson, and told her that he was expecting a visit from a friend named “Porsche,” whom they both knew. Wilson had previously taken...
Supreme Court opinion · Supreme Court of Georgia · August 18, 2026
Hensley v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Columbus man's murder conviction, ruling that a last-minute expert report did not require a trial delay and that his lawyer's trial strategy was not constitutionally deficient.
2. Hensley argues that the trial court abused its discretion by denying his motion for a continuance. (a) Hensley was arrested in December 2021 and indicted in December 2023. According to Hensley’s trial counsel, the State gave her the “majority of the discovery” on December 26, 2023, soon after Hensley was indicted. This discovery included a four- page...
After receiving this report, counsel requested a continu- ance to give her more time “to consult with and have the oppor- tunity to retain an expert … to understand and respond to” the report. The trial court denied the motion. Counsel later renewed her motion, explaining that she had received some assistance in understanding the recently disclosed report...
Supreme Court opinion · Supreme Court of Georgia · June 2, 2026
Sims v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Fulton County man's malice murder conviction for a burglary-turned-fatal-shooting, rejecting challenges to evidence, jury selection, joint trial, and his lawyer's performance.
Viewed in the light most favorable to the jury’s verdicts, After a joint jury trial that began on September 27, 2016, Sims was found guilty on all charges. The trial court sentenced Sims to life in prison with the possibility of parole for malice murder (Count 1); 20 years’ probation, consecutive to Count 1, for burglary (Count 6); and five years’...
Supreme Court opinion · Supreme Court of Georgia · June 16, 2026
Calhoun v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld James Calhoun's malice murder conviction for the shooting of Pamela Williams, rejecting his claims about trial evidence, jury procedures, and his lawyer's performance, largely because he failed to back up many of his arguments.
After a joint jury trial that began on September 27, 2016, Calhoun was found guilty on all charges. (The jury also returned guilty verdicts against Sims and Banks, both of whom filed separate appeals. See Sims v. State, ___Ga. ___, S26A0143 (June 2, 2026); Banks v. State, ___Ga. ___, S26A0144 (June __, 2026)). On December 15, 2016, the trial court sentenced...
Supreme Court opinion · Supreme Court of Georgia · June 2, 2026
Clark v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia sent a 2000 murder-for-hire case back to Fulton County for a hearing on whether Cleveland Clark's trial lawyers were ineffective, because he has had no earlier chance to raise that claim. His other challenges failed.
In an ex parte session on May 4, 2009, the defense reported that, although some experts were being paid, those with pay concerns were asking Fulton County to guarantee payment. Additionally, because the trial was scheduled for May 28, many of the potential experts were telling the CDO that they did not have enough time to perform testing on Clark and...
The defense filed a motion for continuance two days later, on May 22, 2009, along with a “Notice of Intent of Defense to Raise Issue of Mental Retardation and Mental Incompetence.”6 The 3 On May 8, 2009, the director of the CDO e-mailed GPDSC to identify potential expert witnesses needed for Clark’s trial and the estimated costs of retaining them, which...
Supreme Court opinion · Supreme Court of Georgia · April 21, 2026
Spann v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Morris Charles Spann's murder conviction in the shooting death of his mother, finding the trial evidence, including witness testimony and gunshot residue, was enough for the jury to find him guilty.
1. In the light most favorable to the verdict, the evidence at trial showed the following. In the early morning hours of July 30, 2011, Ricks was sit- ting out in front of his house when he saw Annie, who lived across the street, get home from work. Annie started knocking on her court had not found that he was “irreparably corrupt” or “permanently incor-...
Supreme Court opinion · Supreme Court of Georgia · January 21, 2026
Williams v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Gwinnett County man's guilty plea to malice murder, rejecting his claims that the plea was coerced and that he had not properly waived his trial rights, but ordered two of his sentences erased because they should have merged.
Williams and his plea counsel then had another off-the-record conversation, and when it concluded, the following exchange occurred: [PLEA COUNSEL]: Are you being forced to enter this plea? [WILLIAMS]: I’m good, Judge. [TRIAL JUDGE]: I’m sorry? [WILLIAMS]: I’m good. [PLEA COUNSEL]: Well, you haven’t answered the question. Are you being forced to enter the...
[TRIAL JUDGE]: So, Mr. Williams, we are here in trial. It’s now 12:40 on the third day of trial. The jury is still in the deliberation room, expecting to come back here and continue with the trial of the case, if that’s what you want. Do you understand what I just told you? [WILLIAMS]: Yes, your Honor. [TRIAL JUDGE]: And we’ve had some discussions. We’ve...
Supreme Court opinion · Supreme Court of Georgia · August 13, 2026
Clifton v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld the murder convictions of Morio Clifton and Christopher Woody in the 2015 shooting death of Warren Roseberry, rejecting challenges to the evidence, jury instructions, and their lawyers' performance.
Clifton and Woody filed timely motions for new trial and amended their motions multiple times through new counsel. Clifton first moved for a new trial on January 4, 2018, and amended his motion on September 16, 2019, and February 1, 2021. Woody first moved for a new trial on August 18, 2017, and amended his motion on December 27, 2017, September 16, 2019,...
Narrow the results
Counts are of the documents this search found.