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Found 268 matching passages in 173 documents.
Supreme Court opinion · Supreme Court of Georgia · July 1, 2025
Kitchens v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia sent a Bibb County man's murder case back to the trial court after finding the judge miscalculated key facts and misapplied the law in rejecting his claim that the state violated his right to a speedy trial.
WARREN, Presiding Justice. Appellant Deonte Kitchens was convicted of malice murder and other crimes in connection with the shooting death of Alveno Culver. 1 Kitchens filed a motion for new trial claiming, among other 1 Culver was killed on October 29, 2011. In November 2015, a Bibb County grand jury indicted Kitchens and Kelvin Carswell for various crimes...
1. We begin with the legal principles underpinning the analysis of a speedy-trial claim. The Sixth Amendment to the United States Constitution guarantees criminal defendants “the right to a speedy . . . trial,” among other things. A defendant’s claim that the State violated this constitutional right is analyzed under January 2025. Kitchens filed a timely...
Supreme Court opinion · Supreme Court of Georgia · June 10, 2025
State v. Embert
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a Dougherty County woman's 2019 murder trial was not automatically void just because one juror turned out to be an ineligible felon, undoing the trial court's decision to dismiss her case on speedy trial grounds.
In its dismissal order, the trial court first determined that the service of an ineligible juror not only rendered her sentence void, entitling her to a new trial, but also rendered the December 2019 trial void, finding that “there was no jury trial in this case that satisfied Embert’s constitutional right to a speedy trial.” Therefore, the trial court...
(ii) Reasons for the delay: The trial court found that Embert was largely responsible for the delay for the period from February 2015 to August 2018 (three-and-one-half years) because her trial counsel filed multiple motions seeking additional time to file other motions and sought a continuance for personal medical reasons during this period. The trial...
Supreme Court opinion · Supreme Court of Georgia · May 6, 2025
Nelson v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia vacated a ruling that denied a Fulton County murder defendant's motion to dismiss his indictment on speedy trial grounds, finding the trial court made factual errors and misapplied the law in weighing the delay.
On October 24, 2023, three years and four months after Appellant’s arrest, Appellant moved to dismiss his indictment on constitutional speedy-trial grounds, invoking his right to a speedy trial under both the United States Constitution and the Georgia Constitution. The court scheduled a virtual hearing on the motion to dismiss for June 18, 2024, but...
inmates” to commit “crimes” and were “sending [inmates] into dorms to rob other [inmates] . . . , to beat them up, [and] to stab them.” And he complained about inadequate sleeping arrangements, showering facilities, and sanitation. Describing his incarceration generally, Appellant said that it had been mentally, physically, and emotionally painful. On...
Bill or resolution · Georgia House of Representatives · March 3, 2025 · Introduced
Quality Basic Education Act; history of Black Americans; provide coursework
Summary by Georgia Commons (AI-written): House Bill 706 would add the history of Black Americans to Georgia's required high school civics coursework and require every public school to hold at least one class period on the topic, encouraged to fall in February.
SECTION 1. Article 6 of Chapter 2 of Title 20 of the Official Code of Georgia Annotated, relating to the "Quality Basic Education Act," is amended in Part 2, relating to competencies and core curriculum, by revising subsections (c) and (e) Code Section 20-2-142.1, relating to coursework in the founding philosophy and principles of the United States of...
Supreme Court opinion · Supreme Court of Georgia · December 9, 2025
Lee v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Kevin Lee's murder conviction for killing his wife Ann Berry in 1991, whose remains were not found until 2011, rejecting challenges to the evidence, a hearsay ruling, a juror swap, and his lawyers' performance.
To prevail on these claims, Lee must show both deficient performance and resulting prejudice. See Strickland v. Washington, 466 US 668, 687 (1984). To show deficient performance, Lee “must demonstrate that counsel performed counsel’s duties in an objectively unreasonable way, considering all of the circumstances and in the light of prevailing professional...
“Whether to file a demand for speedy trial is usually a matter of trial tactics and strategy, as a delay in bringing the case to trial may work to a defendant’s advantage.” Jones v. State, 296 Ga. 561, 569 (2015); see also Smith v. State, 297 Ga. 214, 217 (2015), overruled on other grounds by Johnson v. State, 315 Ga. 876 (2023). And “[a]s with other...
Bill or resolution · Georgia State Senate · February 12, 2025 · Introduced
Criminal Procedure; pretrial proceedings in capital offense cases where the death penalty is sought when the accused has intellectual disability; provide
Summary by Georgia Commons (AI-written): Senate Bill 159 would create a pretrial process letting defendants in Georgia death penalty cases prove they have intellectual disability before trial, which would bar prosecutors from seeking execution if proven.
SECTION 3. Said title is further amended by revising subsection (d) of Code Section 17-7-171, relating to time for a demand for speedy trial in capital cases, discharge and acquittal when no trial held before end of two court terms of demand, counting of terms in cases in which death penalty is sought, and special pleas of incompetency, as follows: "(d) If...
SECTION 4. Said title is further amended by revising subsection (b) of Code Section 17-10-35.1, relating to the review of pretrial proceedings when death penalty is sought, reports investigating reversible error, transmittal of reports to Supreme Court, orders regarding review, Attorney General assistance, res judicata, applicability, and waiver of rights,...
Bill or resolution · Georgia House of Representatives · January 27, 2025 · Passed
Criminal procedure; pretrial proceedings in capital offense cases where the death penalty is sought when the accused has an intellectual disability; provide
Summary by Georgia Commons (AI-written): House Bill 123 creates a pretrial process for Georgia courts to decide whether a defendant facing the death penalty has an intellectual disability, and bars execution for anyone found to have one.
SECTION 3. Said title is further amended by revising subsection (d) of Code Section 17-7-171, relating to time for a demand for speedy trial in capital cases, discharge and acquittal when no trial held before end of two court terms of demand, counting of terms in cases in which death penalty is sought, and special pleas of incompetency, as follows: "(d) If...
SECTION 4. Said title is further amended by revising subsection (b) of Code Section 17-10-35.1, relating to the review of pretrial proceedings when death penalty is sought, reports investigating reversible error, transmittal of reports to Supreme Court, orders regarding review, Attorney General assistance, res judicata, applicability, and waiver of rights,...
Supreme Court opinion · Supreme Court of Georgia · May 13, 2025
McIver v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Benjamin McIver's murder conviction in a Chatham County killing but reversed his armed robbery conviction because the evidence showed the gun was used only after the victim's debit card was already taken.
After the judgment of conviction was entered and a motion for new trial was filed, new appellate counsel filed both an amended motion for new trial and a motion for funds to obtain forensic expert testimony and a report on the DNA evidence. At the first hearing on McIver’s motion for new trial, trial counsel testified that, although about 50 percent of his...
5 McIver cites in passing the Georgia Constitution of 1983, Art. I, Sec. I, Par. XVI, but he makes no separate argument and cites no cases regarding the Georgia Constitution, and we therefore restrict our analysis to his claim under the federal Constitution. See Smallwood v. State, 310 Ga. 445, 447 (2) n.2 (851 SE2d 595) (2020).
Supreme Court opinion · Supreme Court of Georgia · August 12, 2025
In the Matter of Kathleen Strang
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia disbarred attorney Kathleen Strang after she abandoned four indigent clients in criminal cases and failed to respond to the State Bar's investigation, following her default in the disciplinary proceedings.
In SDBD No. 7869, Strang was appointed to represent a client in defending against three felony charges. In January 2020, she entered an appearance on behalf of the client, and in February 2021 — over a year later — filed a waiver of arraignment and entered a not guilty plea. It does not appear from the record that Strang made any further filings in this...
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.
time the term was added to our Arbitration Code, from Brady viola- tions, see Taylor v. State, 243 Ga. 222, 222-223 (1) (253 SE2d 191) (1979), and constitutional speedy trial claims, see State v. Madden, 242 Ga. 637, 637 (250 SE2d 484) (1978), to juror-bias claims, see Florence v. State, 243 Ga. 738, 740 (2) (256 SE2d 467) (1979), and claims of ineffective...
Supreme Court opinion · Supreme Court of Georgia · April 8, 2025
Cooper v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a DeKalb County teen's murder conviction, ruling that reindicting him after 180 days did not strip the trial court of jurisdiction because the original indictment was timely.
1. Appellant, who was 16 years old when the crimes occurred, was arrested on December 21, 2018. On April 18, 2019 — 118 days after Appellant’s arrest — a grand jury returned a true bill of indictment charging Appellant with murder. And on February 25, 2020 — 431 days after Appellant’s arrest — a grand jury returned a superseding true bill of indictment that...
In his motion for new trial, Appellant argued both that the trial court had erred in denying his plea in bar and that trial counsel was ineffective for failing to timely file the plea in bar. The superior court rejected both claims. As to Appellant’s challenge to the court’s denial of his plea in bar, the court concluded that, under the plain language of...
Supreme Court opinion · Supreme Court of Georgia · August 26, 2025
Foster v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Wayne County man's felony murder conviction for the death of a three-year-old, rejecting his claims that the evidence was insufficient and that the trial judge wrongly denied a last-minute request to delay trial for a new lawyer.
3. Foster also contends that the trial court wrongfully denied his motion for a continuance so that he could have a different lawyer appointed for trial. In a related claim of error, he contends that the trial court violated his constitutional right to be appointed the coun- sel of his choice. We address these contentions in turn. (a) On the first day of...
Bill or resolution · Georgia House of Representatives · February 5, 2025 · Introduced
State Board of Education; appointment of state school superintendent effective not later than January 1, 2031; provide - CA
Summary by Georgia Commons (AI-written): A Georgia House resolution would ask voters to amend the state constitution so the State School Superintendent is appointed by the State Board of Education instead of elected, starting no later than 2031, and would change how State Board members are chosen.
(b) Upon indictment for a felony by a grand jury of this state or by the United States, which felony indictment relates to the performance or activities of the office of any public official, the Attorney General or district attorney shall transmit a certified copy of the indictment to the Governor or, if the indicted public official is the Governor, to the...
Supreme Court opinion · Supreme Court of Georgia · July 1, 2025
Jacobs v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Butts County man's murder conviction, ruling that he validly waived his right to be present when the jury went outside the courthouse to view the van connected to the shooting.
“[T]he Georgia Constitution guarantees criminal defendants the right to be present, and see and hear, all the proceedings which are had against [them] on the trial before the Court.” Nesby v. State, 310 Ga. 757, 758 (2) (853 SE2d 631) (2021) (citation and punctuation omitted). “The right to be present attaches at any stage of a criminal proceeding that is...
Supreme Court opinion · Supreme Court of Georgia · March 4, 2025
Byrd v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a man's malice murder conviction for shooting a man who slapped him at a teen party, rejecting claims about insufficient evidence, an invalid jury waiver, and ineffective counsel.
2. The State of Georgia, by and through the Office of the District Attorney, is prepared to try the Defendant’s case before the next available jury impaneled for trial. 3. The Defendant does not wish this case to be tried before the next available jury but rather requests that the case be tried before the Judge of Superior Court who shall act as the finder...
4. Finally, Appellant claims that he was denied the effective assistance of counsel with respect to his trial counsel’s recommendation that he waive his right to a jury trial. To prevail on a claim of ineffective assistance of counsel, Appellant must prove both that the attorney’s performance was professionally deficient and that the deficiency resulted in...
Supreme Court opinion · Supreme Court of Georgia · September 16, 2025
Sprayberry v. Morris
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia reversed a habeas court's decision that had thrown out Edward Morris's murder conviction, ruling that his trial and appellate lawyers were not constitutionally ineffective on the claims the habeas court considered.
as to the federal claim, granting relief only based on the right under the Georgia Constitution. 4 Our analysis here is limited to the state right; the federal claim remains pending for the habeas court to resolve on remand. See, e.g., Turpin v. Lipham, 270 Ga. 208, 220 (1998) (“Until there is a decision in the habeas court, [the unresolved issues] are not...
Morris’[s] presence at the scene of the murder was corroborated by cell tower triangulation evidence placing Morris’ cell phone at the crime scene at the time of the shooting. In addition, a former girlfriend of Morris[, Shani Monique Tennyson,] told police that Morris had told her he had been present when Griffin was killed and that Hargrove had been the...
Supreme Court opinion · Supreme Court of Georgia · August 12, 2025
Reynolds v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Jeremy Reynolds's malice murder conviction for the 2008 shooting death of Barry Bullard, finding eyewitness testimony and other evidence more than enough for a jury to convict him.
2 Reynolds does not contest the sufficiency of the evidence for his conviction for possession of cocaine. 3 We take this opportunity to note that with the 14-year delay between Reynolds’s sentencing and the docketing of his appeal in this Court, this appeal joins “a recent raft of cases with lengthy, unexplained, and unjustified delays between trial and...
Supreme Court opinion · Supreme Court of Georgia · May 6, 2025
Jones v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Polk County man's murder conviction for killing his brother-in-law, rejecting his claim that his lawyer's five-year delay in seeking a new-trial hearing amounted to ineffective assistance.
Jones argues that counsel performed deficiently by failing to request a hearing on his motion for new trial in the five years between the motion’s filing in February 2015 and the trial court’s denial of the motion in March 2020. The judge who presided over Jones’s trial retired in October 2018, and a successor judge ruled on Jones’s motion for new trial....
3 Jones does not present a claim that the extraordinary delay constituted an abandonment by counsel or that such delay deprived him of any cognizable claim or due process of law. to have the trial judge preside over his motion for new trial hearing and noting that OCGA § 5-5-43 “clearly authorizes a judge who did not try a case to preside over and decide a...
Bill or resolution · Georgia House of Representatives · January 29, 2025 · Passed
Appeal and error; judgments deemed directly appealable; change a provision
Summary by Georgia Commons (AI-written): House Bill 176 changes Georgia's rules for criminal appeals, creating a new process for defendants to seek late permission to appeal or request a new trial, and setting clearer deadlines for withdrawing guilty pleas.
House Bill 176 (AS PASSED HOUSE AND SENATE) By: Representatives Smith of the 18th, Gunter of the 8th, Evans of the 57th, and Miller of the 62nd A BILL TO BE ENTITLED AN ACT To amend Title 5 of the Official Code of Georgia Annotated, relating to appeal and error, so as to change a provision relating to judgments deemed directly appealable; to change...
If the judge grants such motion, the defendant shall have 30 days to file an out-of-time motion for new trial or notice of appeal and the judge shall have the discretion to allow an extension of time for filing such motion or notice as set forth in Code Section 5-6-39. (3) An indigent defendant shall have the right to the assistance of counsel to seek any...
Bill or resolution · Georgia State Senate · February 12, 2025 · Engrossed
Brady Law Regulations; standards for bringing an action against the government for an unauthorized act relating to regulation of weapons; revise
Summary by Georgia Commons (AI-written): A House substitute to SB 163 rewrites how criminal discovery works in Georgia courts, setting new deadlines for prosecutors and defendants to exchange evidence, adds detailed expert witness disclosure rules, lets active law enforcement officers keep their voter registration address confidential, and updates how subpoenas are served on police agencies.
SECTION 1. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure is amended by revising Code Section 17-7-54, relating to form of indictment by grand jury, by adding a new subsection to read as follows: "(c) An indictment substantially complying with the forms provided in this Code section shall in all cases be sufficient and...
SECTION 2. Said title is further amended by revising subsection (c) of Code Section 17-7-70.1, relating to trial upon accusations in certain felony and misdemeanor cases and trial upon plea of guilty or nolo contendere, as follows: "(c) An accusation substantially complying with the form forms provided in subsections (d) and (e) of Code Section 17-7-71...
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