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Found 354 matching passages in 198 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...
Meeting transcript · Georgia House Judiciary Non-Civil Committee · March 5, 2026
House Judiciary Non-Civil Committee, March 5, 2026 (part 2)
Summary by Georgia Commons (AI-written): The committee approved HB 1255 by substitute, with an amendment assigning responsibility for sending charging documents to the state rather than court clerks. Discussion focused on evidence-sharing deadlines, delays in criminal cases, and whether prosecutors have enough staff and technology to meet the requirements. The committee also heard HB 1322, which the presenter said would make rioting a felony. Three organizations opposed that bill, raising concerns about unclear language, penalties, protest rights, and bail restrictions. The chair postponed further consideration until the next morning without a vote.
Ben Sessions. Good afternoon, Mr. Chairman. Good afternoon, y'all. I, I sit before you today as a hypocrite. Um, about 10 years ago I sat in a different room across the street, and I talked about why it is that you should, uh, you should vote against a reciprocal discovery bill Um, today I sit before you and tell you that you should vote in favor of...
I think a lot of times we lose sight of what happens just down the street, for example, in the busiest court in the State of Georgia, which is Fulton County State Court. In Fulton County State Court, you routinely have cases that will be accused in 18 months to 24 months after the date of arrest. Roughly two years. A defendant's case is accused, and then it...
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...
Meeting transcript · Georgia Senate Judiciary Committee · February 23, 2026
Senate Judiciary Committee, February 23, 2026
Summary by Georgia Commons (AI-written): The committee approved four bills and held one for more work. Members unanimously approved a substitute to SB 470 addressing signal jammers, an amended SB 327 adding a sixth superior court judge in the Clayton Judicial Circuit, and SB 202 establishing reciprocal evidence-sharing rules for misdemeanor cases. After extensive testimony about constitutional protections, religious freedom and effects on Muslim Georgians, the committee approved SB 486 on foreign laws and tribunal decisions, 4 to 3, with the chair breaking a tie. The committee held SB 499 after members questioned removing enhanced penalties involving firearms equipped with silencers. Funding for the additional Clayton judgeship remained an issue for the budget process.
I couldn't talk to them right then, but when I came back from court, they were still there. These are mothers that their children have been murdered, and these are cases that have been pending for, one, over five years. We've been trying to get to it, and it's not that, you know, for lack of trying. It's that we just have that many cases, the judges have...
All right. Any questions for District Attorney Moseley or Judge Mason? Thank y'all. Thank y'all. We have one other person, Mr. Sullivan from the Black Republican Council, that's here. You want the last word? Yes, sir. Come on down. Oh, thank you. Nobody else told me. You know, this whole time, maybe it was better, I don't know. Okay, I will make this quick...
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 · 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 · 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 · 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....
Meeting transcript · Georgia House Judiciary Non-Civil Committee · March 17, 2026
House Judiciary Non-Civil Committee, March 17, 2026
Summary by Georgia Commons (AI-written): The committee heard testimony on changes to self-defense immunity under SB 572, increased penalties for blocking transportation routes under SB 443, an animal-cruelty database under SB 587, sex-offender reporting and risk classifications under SB 468, and AI-generated obscene images under SB 398. Witnesses raised questions about arrest powers, protest rights, supervision resources, protections for teenagers, and liability for AI companies. The chair repeatedly reported that the committee lacked a quorum, and no votes were taken before adjournment. The chair also announced that SB 499 had been removed at the sponsor’s request and would return the next day.
And when you look at how a case progresses through our judicial system, it goes from arrest to warrant, your probable cause hearings are established, you have your arraignment just mentioned. The thing that is not mentioned, that I have not heard people talk about, is how Fulton County cases can take, oh, I don't know, eight years to get to trial. Would you...
$50,000 difference in trial and pretrial fees. Modern law firms, they charge a pretrial fee and a trial fee. So when someone is facing aggravated assault and they have that immunity defense, and if they exercise that in front of the beginning stages, they can save $50,000 in lawyer fees. So quite literally, this saves the taxpayers too, because the public...
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 · 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.
Here, regarding many of his claims, Coleman baldly asserts that had trial counsel done more or done things differently, such as cross-examining witnesses or investigating 2 This is not to say that the defendant necessarily has the burden to produce additional evidence beyond that contained in the trial record. more thoroughly, trial counsel might have...
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)....
Meeting transcript · Georgia State Senate · April 2, 2026
Senate floor session, April 2, 2026 (legislative day 40, part 1)
Summary by Georgia Commons (AI-written): The Senate passed measures on insurance, contraceptive access, child-abuse reporting, property-owner claims against local governments, education, healthcare licensing and court procedures. Debate focused heavily on HB 295, which passed 30 to 22 after opponents raised concerns about lawsuits, local costs and treatment of homeless people. Senators removed a corn-flour fortification requirement from HB 1138 before passing it. The Senate accepted House changes to several bills, including SB 556, which combined a needs-based college scholarship with other education provisions. A proposed change removing medical-education scholarships failed before the House version was approved 36 to 17. Senators set aside HB 1142 after questions about its domestic-violence registry and withdrew a motion on HB 328. The session also included committee reports, honorary resolutions, tributes to departing senators and a local-consent-calendar vote. The excerpt ends with a dinner break.
Most cases are what you typically hear, "He said, he said. He said, she said," the victim and the defendant. And in many of these cases, when you look at the evidence on both sides, the solicitor general or the DA even, in a felony case, realizes that it's either best to attempt to negotiate a settlement of the case or dead docket the case, not moving the...
Isn't that true? That's 100% correct. That's absolutely correct. Any other questions? No other questions, Senator. Thank you, Mr. President. Recognize senator from the 50th. Thank you, Mr. President. And, um, I am coming down just to speak against this amendment. You know, I ran as a constitutionalist, and, uh, while I support our prosecutors and...
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...
Meeting transcript · Georgia Senate Judiciary Committee · February 26, 2026
Senate Judiciary Committee, February 26, 2026
Summary by Georgia Commons (AI-written): The committee approved four bills: SB 488, addressing product liability for AI systems that harm minors, passed 7-1; SB 418, addressing unauthorized nude or sexually explicit images, passed unanimously after an amendment expanding who could enforce it; SB 499, addressing firearm suppressors, passed 7-2 by substitute; and SB 572, changing the process for self-defense immunity claims, passed 7-2 without amendments. The longest discussion concerned SB 572. Supporters argued it would protect people acting in lawful self-defense, while prosecutors, defense lawyers and a gun-safety organization raised concerns about its wording and effects. The sponsor committed to further discussions as the bill moves forward.
Maybe like 30 days, 60 days, 90 days, something, just something, as opposed to just having to wait and wait, and we'll get around to you eventually, especially in counties that, in judicial circuits that may not be as pro-gun or self-defense as others. Thank you. Thank you. Sully- Mr. Chairman, can I ask a question? Yeah, sure. Got one question for you....
Those are all findings of fact, right? Those are all findings of fact. So, um, for example, let's just take the first one, which is initially provokes the use of force. Well, who's to say who initially provoked the use of force, right? If we're in a, if there are two people in a bar fight, right, um, and there is an altercation whereas there's a shooting,...
Supreme Court opinion · Supreme Court of Georgia · June 30, 2026
State v. Cullins
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a DeKalb County judge's decision that double jeopardy bars the State from retrying Deanthony Cullins for murder, finding the prosecutor deliberately caused the mistrial.
In April 2025, the trial court issued a written order memo- rializing its oral ruling. In the order, the trial court stated that “[b]ased on the totality of the evidence before this Court, this Court must find based upon the objective facts that the State’s objective was to intentionally abort the trial to ‘secure an oppor- tunity to retry the case … or to...
MCMILLIAN, Justice. The State appeals a plea in bar granted by the trial court to Deanthony Cullins. On appeal, the State argues that the trial court clearly erred in determining that the State intentionally provoked a mistrial in order to have a second chance to try the case. For the reasons that follow, we affirm. 1. In September 2022, Cullins was...
Bill or resolution · Georgia House of Representatives · February 20, 2026 · Introduced
Civil Practice Act; scheduling of civil trials; provide
Summary by Georgia Commons (AI-written): House Bill 1407 would set detailed new rules for how Georgia courts schedule and call civil jury trials, including calendar deadlines, notice periods, and priority rules for attorneys with multiple cases.
SECTION 1. Article 6 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to trials under the "Civil Practice Act," is amended by revising Code Section 9-11-40, relating to time and place of trials, as follows: "9-11-40. (a) Time of trial. All civil cases, including divorce and other domestic relations cases, shall be triable any...
(2) A trial calendar shall be filed and served through the court's electronic filing service no less than 120 days prior to the session of court at which the actions thereon are to be tried. At the same time a trial calendar is filed and served through the court's electronic filing service, it shall also be served on each pro se party via email if said...
Meeting transcript · Georgia House Judiciary Non-Civil Committee · March 2, 2026
House Judiciary Non-Civil Committee, March 2, 2026
Summary by Georgia Commons (AI-written): The committee approved HB 237, HB 1432 as amended, and HB 997 by substitute with amendments. Members heard presentations and testimony on HB 984 and HB 1395, but the transcript shows no votes on either. Discussion of HB 968, concerning a kratom ban, ended with the chair postponing action until Thursday over concerns about incorporating federal drug classifications into Georgia law. The committee also began reviewing a substitute for HB 1255, concerning the exchange of evidence in criminal cases, and continued that discussion until Thursday without a vote. The chair announced that HB 1142 had been removed from the day's agenda at the sponsor's request and would return Thursday.
This was previously within 10 days. A court can still order a different timeline. Lines 373 through 382 changes the timeline to within 30 days of arraignment, but no later than 30 days prior to trial for when the prosecution must provide witness statements. Lines 383 through 391 changes the timeline for when the state must furnish their witness information...
And this would, uh, also attempt to update our subpoena service rules. Um, I'll go through section by section as quickly as possible. Section 1, and this is LC481803S that we're presenting here. Uh, Section 1 covers that a copy of an indictment from a grand jury must be either mailed or electronically transmitted to the defendant and attorney if none within...
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 · 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...
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