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Found 131 matching documents.
Supreme Court opinion · Supreme Court of Georgia · February 28, 2020
Johnson v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a felony probationer charged with murder may still argue self-defense if his possession of the gun he used was itself justified under Georgia's Safe Carry Protection Act, sending his case back to the trial court.
5 Prior to the enactment of the Safe Carry Protection Act, and in the absence of any statute specifically providing a justification defense for crimes involving the unlawful possession or carrying of firearms, this Court adopted a “sudden emergency” standard to identify the circumstances in which such possession or carrying would be lawful. See Cauley v....
11-127.2 (a); the unlawful possession of a firearm in restricted access areas of commercial service airports, OCGA § 16-11-130.2 (a); the unlawful possession of a handgun by a person under the age of 18 years, OCGA § 16-11-132 (b); and the unlawful carrying of a handgun by a person with a valid license to carry but without proof of the license in his...
Supreme Court opinion · Supreme Court of Georgia · December 21, 2020
Nuckles v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a hidden camera video from a nursing home patient's room can be used as evidence against a nurse charged in his death, because the patient counted as an occupier of the property and the nurse had no reasonable expectation of privacy while working there.
10 See, e.g., OCGA § 16-1-3 (10) (defining the term “owner” as used in Title 16 as “a person who has a right to possession of property which is superior to that of a person who takes, uses, obtains, or withholds it from him and which the person taking, using, obtaining, or withholding is not privileged to infringe.”). adopted the Security Exception as...
Instead, we interpret the term “occupier of real property” as used in OCGA § 16-11-62 (2) (B) to be broad enough to encompass someone like Dempsey, who had the legal right to occupy, and 11 In support of this argument, Nuckles cites several statutes that employ phrases similar to “owner or occupier of real property.” See also OCGA §§ 2-6- 39 (b) & (c)...
Supreme Court opinion · Supreme Court of Georgia · June 16, 2020
GARDHIGH v. THE STATE (And Vice Versa)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Floyd County man's voluntary manslaughter conviction for beating his former boss to death over unpaid wages, and rejected the State's attempt to have him convicted of felony murder instead.
Under OCGA § 16-3-21 (a), a person is justified in using deadly force against another person when he reasonably believes that “such force is necessary to prevent death or serious bodily injury to himself.” OCGA § 16-3-24.2 says in pertinent part that “[a] person who uses threats or force in accordance with Code Section 16-3-21 . . . shall be immune from...
In addition, Appellant’s testimony at the immunity hearing deviated in significant respects from the testimony of other witnesses and from the statements that he gave the investigators during his interview. Among other things, Appellant never told the police that he thought Grady might have a large knife when Grady lunged at him, and he told the police that...
Supreme Court opinion · Supreme Court of Georgia · October 5, 2020
Glenn v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that Georgia's common-law right to resist an unlawful arrest also allows a person to use proportionate force against government property, such as a police car, while trying to escape an unlawful detention.
8 OCGA § 16-11-36 (b) provides: Among the circumstances which may be considered in determining whether alarm is warranted is the fact that the person takes flight upon the appearance of a law enforcement officer, refuses to identify himself, or manifestly endeavors to conceal himself or any object. Unless flight by the person or other circumstances make it...
9 In Bell v. State, 252 Ga. 267 (313 SE2d 678) (1984), this Court considered a facial challenge to the constitutionality of OCGA § 16-11-36. We concluded that the statute, in authorizing conviction for conduct “not usual for law abiding individuals” that creates “a reasonable alarm or immediate concern for the safety of persons or property in the vicinity,”...
Supreme Court opinion · Supreme Court of Georgia · June 16, 2020
Crowder v. State of Georgia
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that Georgia law allows officials to serve out-of-state property owners by publishing notice in a newspaper in civil forfeiture cases, but courts must first address any due process objections and cannot skip a required ruling on a motion for a more definite statement.
It also held that “Crowder’s answer failed to comply with the special pleading requirements of OCGA § 9-16-12 (c) (1)” and that, “accordingly, the trial court erred in denying the State’s motion for judgment on the pleadings or, alternatively, in failing to dismiss Crowder’s answer.” Crowder, 348 Ga. App. at 855. Under this ruling, the State would be...
4 Of particular importance here is that subsection (e) of OCGA § 9-11-4 sets forth rules regarding personal service. We note that the State could have utilized the methods of service set forth in OCGA § 9-11-4, but did not do so, relying instead on the service provisions of OCGA § 9-16-12. See OCGA § 9- 11-4 (k) (“The methods of service provided in this...
Supreme Court opinion · Supreme Court of Georgia · April 20, 2020
Rickman v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Victoria Rickman's malice murder conviction for shooting William Carter Jr., rejecting claims that her lawyer should have challenged cell phone searches and that prior-incident evidence was wrongly admitted.
309 Ga. 38 FINAL COPY S20A0127. RICKMAN v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · November 12, 2020
Smallwood v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Paulding County man's felony conviction for entering an automobile, ruling the statute is not unconstitutionally vague and that the more lenient criminal trespass law does not apply to his case.
310 Ga. 445 FINAL COPY S20A1274. SMALLWOOD v. THE STATE.
Further, OCGA § 16-8-18 does not authorize or encourage arbitrary and discriminatory enforcement. Smallwood argues that the statute can be arbitrarily enforced because law enforcement officers may arbitrarily choose to charge similar conduct under OCGA § 16-8-18 or for criminal trespass or both. But vague statutes invite arbitrary and selective enforcement...
Supreme Court opinion · Supreme Court of Georgia · December 7, 2020
Golden v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Houston County man's felony murder conviction for a fatal motel robbery, finding the evidence sufficient and rejecting challenges to his police interview and to testimony implicating him in a prior robbery.
310 Ga. 538 FINAL COPY S20A1273. GOLDEN v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · October 6, 2020
Geer v. Phoebe Putney Health System, Inc
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that Georgia's anti-SLAPP statute cannot be used to strike a public records defendant's counterclaim for attorney fees, because that fee claim cannot be evaluated until the underlying records dispute is resolved.
As the Court of Appeals has articulated, a SLAPP is “a lawsuit intended to silence and intimidate critics or opponents by overwhelming them with the cost of a legal defense until they abandon that criticism or opposition.” Rogers v. Dupree, 340 Ga. App. 811, 814 (2) (799 SE2d 1) (2017). SLAPPs are “meritless lawsuits brought not to vindicate legally...
As used in this Code section, the term “act in furtherance of the person’s or entity’s right of petition or free speech under the Constitution of the United States or the Constitution of the State of Georgia in connection with an issue of public interest or concern” shall include: (1) Any written or oral statement or writing or petition made before a...
Supreme Court opinion · Supreme Court of Georgia · June 16, 2020
Tumlinson v. Dix
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a Spalding County habeas court was wrong to throw out a man's challenge to being denied bond without ever looking at whether his claims had merit or holding a hearing.
309 Ga. 184 FINAL COPY S20A1277. TUMLINSON v. DIX.
Because the record shows that Tumlinson has exhausted his efforts to seek an interlocutory review of the trial court’s order denying him bond in this case, and because he has no other adequate remedy for meaningful review of the lawfulness of his continued detention, the habeas court erred in concluding that it lacked the authority to consider the merits of...
Supreme Court opinion · Supreme Court of Georgia · January 27, 2020
Allen v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Lee County man's felony murder conviction for shooting a man who tried to intervene in a domestic dispute, but voided his separate aggravated assault sentence because it should have merged with the murder conviction.
307 Ga. 707 FINAL COPY S19A1266. ALLEN v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · October 19, 2020
Gray v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a trial judge keeps the power to modify a criminal sentence under Georgia's sentence-modification law even if the judge rules after the one-year deadline, as long as the request to modify was filed within that year.
3 Georgia courts have followed this common-law principle in both civil and criminal cases for over a century. See, e.g., Doby v. Evans, 258 Ga. 777, 777-78 (373 SE2d 757) (1988) (quoting Porterfield in criminal appeal); Ammons v. Bolick, 233 Ga. 324, 325 (1) (210 SE2d 796) (1974) (In civil cases, “if the proceedings are begun during the term, they may be...
4 See Ga. L. 1950, p. 352, §§ 3, 3A (“[T]he judge imposing the said sentence is hereby granted power and authority to suspend or probate said sentence, under such rules and regulations as he thinks proper. . . . After the said prisoners have entered upon their services in the penal institutions of Georgia the superior court judges shall have no authority to...
Supreme Court opinion · Supreme Court of Georgia · November 2, 2020
State v. COPELAND (Three Cases)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia vacated a ruling that had granted immunity from prosecution to three former Washington County sheriff's deputies charged in the death of Eurie Lee Martin, sending the cases back for a proper legal analysis.
an individual, the individual is entitled to resist the unlawful seizure). See also Glenn v. State, ___ Ga. ___ (1) (___ SE2d ___) (2020) (discussing at length the right to resist an unlawful arrest under Georgia law). In a “second-tier” encounter, when an officer develops a reasonable, articulable suspicion that the citizen is committing or has committed a...
purpose.”). However, a police officer “is authorized to use only that degree of force that is reasonably necessary to accomplish the detention or arrest, and may not use excessive force.” Ramirez v. State, 279 Ga. 569, 577 (10) (619 SE2d 668) (2005). (c) Analysis of the trial court’s findings and conclusions. In its order granting immunity, the trial court...
Supreme Court opinion · Supreme Court of Georgia · January 27, 2020
Mann v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld the murder and child cruelty convictions of a man who fatally injured his fiancee's seven-year-old son, rejecting claims about jury instructions, his confession, and his lawyer's strategy.
307 Ga. 696 FINAL COPY S19A1256. MANN v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · August 10, 2020
Reyes v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Gwinnett County man's murder conviction for stabbing his girlfriend in 2004, finding DNA evidence, prior threats, and circumstantial proof were enough for the jury to convict him.
A statement not specifically covered by any law but having equivalent circumstantial guarantees of trustworthiness shall not be excluded by the hearsay rule, if the court determines that: (1) The statement is offered as evidence of a material fact; (2) The statement is more probative on the point for which it is offered than any other evidence which the...
(b) We now consider whether the trial court abused its discretion by admitting the statements at issue pursuant to the residual exception. Tyner v. State, 305 Ga. 326, 330 (2) (825 SE2d 129) (2019) (admission of evidence pursuant to OCGA § 24-8-807 reviewed for abuse of discretion). This exception applies only when certain exceptional guarantees of...
Supreme Court opinion · Supreme Court of Georgia · February 28, 2020
State v. Hamilton
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a trial court's decision to grant Marlina Hamilton immunity from prosecution in the killing of her ex-husband, finding she showed by a preponderance of the evidence that she acted in self-defense.
But that conclusion does not end our review. That is because after conducting its Rule 804 (b) (1) analysis, the trial court made an alternate holding under Rule 807, also known as the residual exception to hearsay.10 We now turn to that ruling. 4. The Trial Court Did Not Abuse its Discretion in Evaluating the Admissibility of Prior Transcripts Under Rule...
Supreme Court opinion · Supreme Court of Georgia · January 27, 2020
Williams v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a Gwinnett County man charged with 48 counts of possessing child pornography could not get most of those counts thrown out before trial, even though he claimed the charges were duplicative.
307 Ga. 778 FINAL COPY S19G0125. WILLIAMS v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · October 5, 2020
Premier Health Care Investments, LLC v. Uhs of Anchor, L.P
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a state health agency exceeded its authority when it required a hospital to get a new permit before shifting existing beds into a psychiatric program, because state law does not list bed shuffling as something needing that approval.
7 Berryhill concerned the statute’s verification requirement, which applied to any “‘act in furtherance of the right of free speech or the right to petition government for a redress of grievances . . . in connection with an issue of public interest or concern.’” Berryhill, 281 Ga. at 441 (quoting OCGA § 9-11-11.1 (c) (1998)). The statute provided that such...
Supreme Court opinion · Supreme Court of Georgia · December 7, 2020
Carter v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Crisp County man's murder conviction, rejecting his self-defense claim and finding that his trial lawyer's failure to challenge certain testimony did not amount to ineffective assistance.
310 Ga. 559 FINAL COPY S20A1367. CARTER v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · March 13, 2020
Stubbs v. Hall
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld the dismissal of a Hancock County man's habeas corpus petition as too late, even though it found the trial court had miscalculated the exact date his conviction became final for that purpose.
Georgia statutes beyond those governing habeas corpus reinforce our conclusion. To that end, the General Assembly has demonstrated elsewhere in the Code — in both the criminal and civil contexts — that it knows how to provide expressly for tolling of statutes of limitations. See, e.g., OCGA § 9-3-90 (a) (providing that “[i]ndividuals who are legally...
untimely filing,” Means, supra at § 9A:25, and Stubbs presents no evidence that he was “prevented from filing” his habeas action as required by the statute. See, e.g., Johnson v. Fla. Dept. of Corrections, 513 F3d 1328, 1332 (11th Cir. 2008) (concluding that the petitioner had not established an illegal impediment to his habeas petition filing where he had...
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