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Found 344 matching passages in 177 documents.
Supreme Court opinion · Supreme Court of Georgia · June 21, 2021
Taylor v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Micayla Taylor's felony murder and aggravated assault convictions arising from a Newton County shooting, rejecting claims about insufficient evidence, a botched suppression motion, a speedy trial violation, a jury instruction, and ineffective counsel.
4. Appellant’s next contention alleges error by the trial court in denying her plea in bar. On August 18, 2018, Appellant filed a plea in bar, asserting that her constitutional right to a speedy trial had been violated because, following her indictment, the trial of her case was continued from multiple trial calendars, primarily at the State’s request. The...
(a) Threshold inquiry. Courts examining an alleged denial of the constitutional right to a speedy trial first must consider whether the interval between the defendant’s arrest, indictment, or other formal accusation and the trial is sufficiently long so as to be characterized as presumptively prejudicial. If the delay is long enough to invoke the...
Supreme Court opinion · Supreme Court of Georgia · October 5, 2021
Tyson v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia affirmed LeMichael Tyson's felony murder conviction in the death of his girlfriend's 22-month-old daughter, rejecting claims about juror bias, missing trial transcripts, appellate delay, and ineffective defense lawyering.
9 Tyson contends that he could not obtain testimony regarding events at trial because the trial judge, the court reporter, and a courtroom deputy have died. But Tyson’s trial counsel was available and testified at the hearing on Tyson’s motion for new trial with regard to various matters that occurred at trial. And nothing in the record indicates that the...
“Substantial delays in the appellate process implicate due process rights, and we review appellate due process claims under the four-factor analysis used for speedy trial claims set forth in Barker v. Wingo, 407 U. S. 514 (92 SCt 2182, 33 LE2d 101) (1972).” Veal v. State, 301 Ga. 161, 167 (3) (800 SE2d 325) (2017). “In assessing a due process claim premised...
Supreme Court opinion · Supreme Court of Georgia · October 19, 2021
American Civil Liberties Union, Inc. v. Zeh
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a Glynn County misdemeanor public defender sued the ACLU for defamation was a public official, meaning he had to prove the ACLU knew its blog post was false or recklessly disregarded the truth, which he failed to show on the current record.
The proper provision of constitutionally required legal representation for indigent criminal defendants in Glynn County’s misdemeanor cases is a matter in which the public has an independent interest. Cf. Vermont v. Brillon, 556 U.S. 81, 93-94 (129 SCt 1283, 173 LE2d 231) (2009) (explaining in the context of the constitutional right to a speedy trial that a...
8 The record does not indicate who appointed Zeh to this position. Liberties Union Foundation (“ACLU Foundation”)9 filed in the United States District Court for the Southern District of Georgia a civil rights lawsuit against Glynn County, the County’s chief magistrate judge and sheriff, and Zeh, as the “Glynn County Misdemeanor Public Defender.” The lawsuit...
Supreme Court opinion · Supreme Court of Georgia · February 15, 2021
Lofton v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Hakim Lofton's murder conviction, ruling that circumstantial evidence including phone and cell tower records was sufficient and that police reliance on then-existing law to obtain his cell records without a warrant did not require throwing out the evidence.
Here, none of the challenged exhibits were written testimony, nor did they derive their evidentiary value solely from the credibility of the makers of the exhibits. See Clarke v. State, 308 Ga. 630, 636 (4) (842 SE2d 863) (2020); Keller, 308 Ga. at 505-506 (9). Instead, they were original documentary evidence and were properly allowed to go out with the...
310 Ga. 770 FINAL COPY S20A1101. LOFTON v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · April 5, 2021
Johnson v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a Fulton County man convicted of murder can be retried, finding that the trial evidence was legally sufficient for a jury to convict even without corroborating an accomplice's testimony.
BOGGS, Justice. This is the fourth appearance of this case before this Court. At a 2014 jury trial, John “Shug” Johnson was found guilty of malice murder and other offenses in connection with the shooting death of Brandon Scott. Johnson’s motion for new trial was granted on the basis of plain error in the jury instructions, and this Court affirmed that...
311 Ga. 221 FINAL COPY S21A0034. JOHNSON v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · September 8, 2021
Nelson v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld the denial of a murder defendant's motion to suppress cell phone and laptop evidence, ruling that his long incarceration and failure to ask for the devices back weakened his privacy interest despite a two-year delay.
PETERSON, Justice. This Court granted murder defendant Corey Nelson’s application for interlocutory appeal of the trial court’s denial of his motion to suppress evidence. At issue is evidence extracted from his cell phone and other electronic devices pursuant to search warrants. Nelson argues that the delay of more than two years between the date on which...
On January 18, 2018, Stoddard obtained separate warrants to search each of Nelson’s devices for electronic data related to the crimes. On that same day, he submitted a written request for forensic analysis of each device to what is now known as the Cobb Police Department’s Technology Based Crimes Unit (“TBCU”). But more than a year passed before TBCU...
Supreme Court opinion · Supreme Court of Georgia · September 21, 2021
SCHMITZ v. BARRON, DIRECTOR
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld the dismissal of a Fulton County election contest over a Georgia House seat, ruling that the losing candidate had to be formally served with notice and failed to show he diligently pursued that service.
This short time period reflects the [General Assembly’s] strong desire to avoid election uncertainty and the confusion and prejudice which can come in its wake. Certainly, the swift resolution of election contests is vital for the smooth operation of government. (Citation and punctuation omitted.) Swain, 281 Ga. at 31 (2). As we noted in Martin, “[t]his...
Supreme Court opinion · Supreme Court of Georgia · October 19, 2021
Walker v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a trial court's order dismissing a DUI case for lack of prosecution counts as a dismissal without prejudice even if the statute of limitation has since run, reversing the Court of Appeals.
2. It appears that Georgia trial courts have long exercised the authority to dismiss criminal cases for want of prosecution without prejudice. See Grantham v. State, 84 Ga. 559, 560 (11 SE 140) (1889) (noting, in a case affirming the defendant’s conviction for stabbing, that a prior case against the defendant had been “dismissed for want of prosecution”)....
In State v. Grimes, 194 Ga. App. 736 (392 SE2d 727) (1990), the defendant was charged with criminal trespass. When the case was called for trial, the State moved for a continuance, which the trial court granted. See id. at 736. On the continued trial date, the State was not ready, so the court dismissed the case. See id. The Court of Appeals affirmed,...
Supreme Court opinion · Supreme Court of Georgia · October 5, 2021
Parrott v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a five-year prison resentencing for a man convicted of felony fleeing from police, rejecting his claims that the sentencing law discriminates against poor defendants and that resentencing him twice violated double jeopardy protections.
Decided October 5, 2021. OCGA § 40-6-395 (b) (5); constitutional question. Paulding Superior Court. Before Judge Bucci. Hunter J. Rodgers, Keegan C. Gary, for appellant. Matthew W. Rollins, Acting District Attorney, A. Brett Williams, Assistant District Attorney; Christopher M. Carr, Attorney General, Patricia B. Attaway Burton, Deputy Attorney General,...
312 Ga. 580 FINAL COPY S21A0753. PARROTT v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · June 1, 2021
RIOS v. THE STATE (Two Cases)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that two men charged in a fatal shooting can be retried after a mistrial was declared when a newly discovered ballistics report surfaced during trial, holding double jeopardy did not block a second trial.
Under the manifest necessity standard, “a mistrial is appropriate when there is a ‘high degree’ of necessity” for declaring one. Harvey v. State, 296 Ga. 823, 831 (770 SE2d 840) (2015) (citation and punctuation omitted). Whether such necessity exists is to be determined by weighing the defendant’s right to have his trial completed before the particular...
Here, the record shows that the trial court exercised its discretion and considered the relevant circumstances before granting a mistrial. Indeed, when the prosecutor informed the trial court and defense counsel about Burdick’s fourth report, Rios’s counsel said that “the information we’ve just received is vital to our defense” and that “we simply cannot go...
Supreme Court opinion · Supreme Court of Georgia · September 21, 2021
Anglin v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Daniel Anglin's murder conviction for killing his brother-in-law Chad Ruark, rejecting arguments about insufficient evidence, a late disclosure about another suspect, and claims his lawyer should have objected to a GBI agent's testimony.
In responding to the State’s argument that this evidence still presented multiple hearsay problems, appellate counsel argued that he did not need to present Houseman’s and Thomas’s actual testimony because he was not trying to show that Daniel had committed the crime. Instead, appellate counsel said he was trying to show that the sheriff’s office conducted...
(a) The trial court’s denial of a continuance. Anglin argues that the trial court erred in denying his request for a one-day continuance so that he could investigate the belatedly disclosed evidence before opening statements. A trial court has broad discretion in granting or denying a motion for continuance. See OCGA § 17-8-22. We will not disturb a trial...
Supreme Court opinion · Supreme Court of Georgia · August 10, 2021
Vivian v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Nathaniel Vivian's convictions for felony murder, armed robbery, and related crimes in the shooting death of Daniel Zeitz, rejecting his self-representation and ineffective-counsel claims, but sent the case back for resentencing because he was wrongly sentenced on two felony murder counts for one victim.
The medical examiner testified that Zeitz suffered a gunshot wound to the right side of his neck, resulting in his death, and the gun found in Vivian’s car was later matched to a shell casing found at the scene of Zeitz’s shooting. 1. Vivian first asserts that the trial court erred by failing to conduct a hearing on his request for new counsel and advise...
Here, Vivian made no assertion of a desire to represent himself 3 Vivian raises this claim solely under the Florida court’s interpretation of the Sixth Amendment in Nelson, and we therefore consider Vivian’s argument in the context of the U.S. Constitution. However, we note that the Georgia Constitution also provides a defendant the right to...
Supreme Court opinion · Supreme Court of Georgia · October 19, 2021
Harper v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Floyd County man's murder conviction, rejecting his claim that voir dire had to be transcribed and finding enough evidence to reject his self-defense claim.
3 When Graham was decided, OCGA § 17-8-5 was codified as Code Ann. § 27-2401, but the pertinent statutory language has not been materially amended since then. See Allen v. State, 310 Ga. 411, 420 n.8 (851 SE2d 541) (2020) (“The General Assembly made a few purely stylistic changes, removing several commas, in enacting OCGA § 17-8-5 (a), but otherwise the...
remains valid precedent, the trial court did not commit any error, plain or otherwise, when it did not on its own order the transcription of voir dire proceedings under OCGA § 17-8-5 (a), so this enumeration of error fails. 3. Harper further contends that the State failed to present sufficient evidence to disprove his justification defense beyond a...
Supreme Court opinion · Supreme Court of Georgia · December 14, 2021
Hines v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a man's murder conviction, rejecting his argument that the trial judge should not have let a last-minute witness testify against him.
Because the requirements of OCGA § 17-16-8 (a) were satisfied with respect to Johnson, we need not decide whether the trial court also abused its discretion when it declined to exclude Johnson’s testimony under OCGA § 17-16-6, which provides certain remedies when the State “has failed to comply with the requirements of this article[.]” See Cockrell v....
313 Ga. 1 FINAL COPY S21A1079. HINES v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · May 17, 2021
ALLEN v. DAKER (And Vice Versa)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that Waseem Daker, convicted of murdering Karmen Smith, was never validly warned of or gave up his right to a lawyer for his post-conviction appeal, so he must get a new appeal process.
On February 14, 2012, however, the CDO filed a notarized statement signed by the Circuit Defender, which said the following: The defendant, WASEEM ANAS DAKER, was denied a court appointed attorney on or about March 16, 2011 after an investigation into his financial resources. At that time the investigation revealed that Mr. Daker would not qualify for...
Contrary to this position, the Court of Appeals indicated in Weber v. State, 203 Ga. App. 356 (416 SE2d 868) (1992), that before a waiver of appellate counsel would be valid, the record should reflect a defendant’s appreciation of the charges for which he has been convicted and possible avenues of post- judgment relief. A defendant should also be aware that...
Supreme Court opinion · Supreme Court of Georgia · January 11, 2021
Nesby v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a DeKalb County man's murder conviction, ruling that unrecorded bench conferences held outside his presence during trial did not violate his constitutional right to be present.
2. Nesby complains that throughout trial, both during voir dire and during the presentation of the evidence, the trial court conducted bench conferences with counsel outside of his presence, 2 Nesby does not argue that the evidence was insufficient to support his convictions, and because this case was docketed to the term beginning in December, we do not...
In the Supreme Court of Georgia Decided: January 11, 2021 S21A0207. NESBY v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · May 17, 2021
Sinkfield v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld the murder conviction of a man who shot Vernon Forrest, rejecting claims that Fulton County's jury list violated jury composition rules and that death-qualifying jurors violated his fair cross-section rights.
Because Sinkfield has not demonstrated harm, a reversal of his convictions would be warranted only if the violations at issue were akin to a “structural error” — that is, a “structural defect affecting the framework within which the trial proceeds, rather than simply an error in the trial process itself.” See Arizona v. Fulminante, 499 U.S. 279, 310 (111...
311 Ga. 524 FINAL COPY S21A0298. SINKFIELD v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · November 23, 2021
State v. Houston
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a habeas court's decision to void a man's three misdemeanor DUI guilty pleas because he was never told at his plea hearing that he had a right to a lawyer there.
1. Background. Houston was charged with DUI and various related charges in three cases arising from three separate incidents occurring in 2014, 2015, and 2017. Houston, who apparently was not deemed to be indigent (and does not claim indigence on appeal), retained an attorney to represent him in two of the cases but did not obtain representation for the...
. . . I’ve got some other cases. You can have a seat, Mr. Houston, but I’m not resetting your case. If you decide you’re not going to do it, you will go back to [State Court] Judge Dixon[’s] trial calendar and if you enter a plea there I’ll do whatever the recommendation [is] without the DUI Treatment Court. You have had plenty of time to think about this...
Supreme Court opinion · Supreme Court of Georgia · October 5, 2021
Steen v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Burke County man's malice murder conviction but sent his case back to the trial court because it never ruled on his claim that he was wrongly excluded from bench conferences during jury selection.
2. We next address Steen’s right-to-be-present claim. Since the earliest years of this Court, we have held that the Georgia Constitution guarantees [a] criminal defendants[ ] the right to be present, and see and hear, all the proceedings which are had against him on the trial before the Court. It also has long been established that proceedings at which the...
In an amended motion for new trial filed by Steen’s second appellate counsel in April 2019, Steen’s right-to-be-present claim was raised for the first time. During one of the four hearings on Steen’s motion for new trial, trial counsel testified that Steen was present at counsel table during the bench conferences at issue and never indicated that he wished...
Supreme Court opinion · Supreme Court of Georgia · February 15, 2021
Champ v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Ben Hill County man's murder conviction but sent the case back to the trial court to hold a hearing on his claim that he was unconstitutionally excluded from bench conferences during jury selection.
(viii) Post-trial proceedings. The record shows that after the jury found Appellant guilty and the trial court sentenced him, he filed two motions for new trial, one through his trial counsel and the other through a lawyer who briefly represented him; a third lawyer filed a “brief in support of amended motion for new trial” and then represented Appellant at...
In at least one case where such a claim was raised first on appeal, we have reviewed the existing record and concluded that it showed enough about what the defendant could see and hear for us to comfortably construe his failure to timely complain about his absence as acquiescence. See Zamora, 291 Ga. at 519-520 (finding acquiescence from a combination of...
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