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Found 109 matching documents.
Supreme Court opinion · Supreme Court of Georgia · May 31, 2023
Knox v. State of Georgia
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a lawsuit by five University System professors challenging Georgia's 2017 'campus carry' law was moot, because the Board of Regents itself adopted a policy allowing guns on campus consistent with that law.
5 See Ga. Const. of 1983, Art. I, Sec. I, Par. VIII (“The right of the people to keep and bear arms shall not be infringed, but the General Assembly shall have power to prescribe the manner in which arms may be borne.”); Ga. L. 1994, p. 1012, § 4 (adding public or private technical schools, vocational schools, colleges, universities, and other institutions...
10 In pertinent part, OCGA § 16-11-127.1 (c) (2017) as amended provided: The provisions of this Code section [making it unlawful for any person to carry or possess any weapon while within a school safety zone, at a school function, or on a bus or other transportation furnished by a school] shall not apply to: ... (20) (A) Any weapons carry license holder...
Supreme Court opinion · Supreme Court of Georgia · April 18, 2023
Fuller v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Chatham County man's murder conviction, ruling that his trial lawyer's strategic choices about evidence and jury instructions did not amount to ineffective assistance.
316 Ga. 127 FINAL COPY S23A0057. FULLER v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · September 19, 2023
Roberts v. Cuthpert
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that a man who successfully sued for a weapons carry license can pursue recovery of his attorney fees from the probate judge who denied him, because Georgia law waives sovereign immunity for such claims.
2. The General Assembly waived sovereign immunity when it enacted OCGA § 16-11-129 (j). “The doctrine of sovereign immunity, as enshrined in our Constitution, bars suits against the State and its employees in their official capacities unless a statute or the Constitution itself specifically waives that immunity.” State v. SASS Group, 315 Ga. 893, 893 (885...
After receiving the application, a probate judge must direct the appropriate law enforcement agency in the county, to . . . (1) . . . request a fingerprint based criminal history records check from the Georgia Crime Information Center and Federal Bureau of Investigation for purposes of determining the suitability of the applicant and return an appropriate...
Supreme Court opinion · Supreme Court of Georgia · December 19, 2023
Chambliss v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Monroe County man's felony murder conviction for shooting his girlfriend, rejecting his claims of insufficient evidence, jury instruction errors, and ineffective counsel.
2 OCGA § 16-3-21 (a) states: A person is justified in threatening or using force against an- other when and to the extent that he or she reasonably believes that such threat or force is necessary to defend himself or herself or a third person against such other’s imminent use of unlawful force; however, except as provided in Code Section 16-3-23, a per- son...
4 Under OCGA § 16-5-60 (b), [a] person who causes bodily harm to or endangers the bodily safety of another person by consciously disregarding a substantial and unjustifiable risk that his or her act or omission will cause harm or endanger the safety of the other person and the disregard constitutes a gross deviation from the standard of care which a...
Supreme Court opinion · Supreme Court of Georgia · September 19, 2023
Ford Motor Company v. Cosper
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that reckless conduct alone, separate from willful or wanton conduct, can excuse a product-liability negligence claim from Georgia's ten-year statute of repose, and defined what counts as reckless.
The Restatements are not Georgia law, but when OCGA § 51- 1-11 (c) was enacted in 1987, relying on the First and Second Restatements of Torts for relevant context in interpreting and applying Georgia law was a well-established practice in this state. For example, we had relied on the Restatement (Second) of Torts when defining what it meant for a product to...
As explained below, the Restatement (First) of Torts provides a definition of “Reckless Disregard of Safety” that is largely consistent with how the term “reckless” had been used in Georgia civil cases leading up to OCGA § 51-1-11 (c)’s enactment. The Restatement defines “Reckless Disregard for Safety” as follows: The actor’s conduct is in reckless...
Supreme Court opinion · Supreme Court of Georgia · February 7, 2023
Huff v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a moving company owner's felony murder conviction for shooting an employee, rejecting his claims of self-defense, improper trial evidence, and ineffective counsel.
315 Ga. 558 FINAL COPY S22A1266. HUFF v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · October 24, 2023
STATE OF GEORGIA v. SISTERSONG WOMEN OF COLOR REPRODUCTIVE JUSTICE COLLECTIVE
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that Georgia's six-week abortion ban cannot be struck down as having been unconstitutional when passed just because it conflicted with Roe v. Wade, which the U.S. Supreme Court later overruled in Dobbs.
3 As amended, OCGA § 16-12-141 (b) reads: No abortion is authorized or shall be performed if an unborn Act amended OCGA § 31-9B-3 to require a physician who performs an abortion after detecting a heartbeat to report to the Department of Public Health which exception to Section 4’s ban on abortions justified the procedure.4 In 2019, many of the Appellees in...
32 As noted in the majority opinion, the 2019 Act amended OCGA § 16- 12-141 (b), among other provisions, to prohibit abortions “if an unborn child has been determined in accordance with Code Section 31-9B-2 to have a detectable human heartbeat[,]” with specified exceptions. See Majority Op. at 528 (1); Ga. L. 2019, p. 711, § 4. Before the 2019 amendment,...
Supreme Court opinion · Supreme Court of Georgia · November 2, 2023
Regan v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia struck down as applied a felony child molestation sentence, ruling that a 17-year-old defendant should have qualified for a misdemeanor sentence like those convicted of aggravated child molestation against a same-age victim.
(c) My disagreement with the majority extends to its assessment of the rationality of the differences articulated in the statutory scheme. Appellant’s actual conduct in this case supported a charge of child molestation, to which he pleaded guilty and for which he was sentenced. If I were to consider my own personal view or the apparent view expressed...
See, e.g., OCGA § 16-6-3 (c) (statutory rape) (“If the victim is at least 14 but less than 16 years of age and the person convicted of statutory rape is 18 years of age or younger and is no more than four years older than the victim, such person shall be guilty of a misdemeanor.”); OCGA § 16-6-5 (c) (enticing a child for indecent purposes) (“If the victim...
Supreme Court opinion · Supreme Court of Georgia · September 19, 2023
In THE MATTER OF ROBERT MALLORY CRAWFORD (Two Cases)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia suspended a former superior court judge from practicing law for three years after finding he took money from a court registry he was not entitled to and lied about it, rejecting the harsher sanction of disbarment recommended by the disciplinary special master.
As to the various alleged violations of Rules 1.15 (I) and (II),7 the special master stated that they were premised on the facts that 7 Rule 1.15 (I) (a) provides, in pertinent part, that “[a] lawyer shall hold funds or other property of clients or third persons that are in a lawyer’s possession in connection with a representation separate from the lawyer’s...
client or third person has an interest, a lawyer shall promptly notify the client or third person. Except as stated in this Rule or otherwise permitted by law or by agreement with the client, a lawyer shall promptly deliver to the client or third person any funds or other property that the client or third person is entitled to receive and, upon request by...
Supreme Court opinion · Supreme Court of Georgia · August 21, 2023
Owens v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Fulton County man's felony murder conviction, ruling that a firearm possession charge tied to his first-offender probation status did not have to merge into a lesser voluntary manslaughter verdict.
317 Ga. 125 FINAL COPY S23A0607. OWENS v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · May 31, 2023
Burley v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Calhoun County inmate's felony murder conviction, ruling that although the trial judge gave flawed jury instructions on aggravated assault and felony murder, the mistake did not change the outcome given the overwhelming evidence of intent to kill.
The evidence presented at trial showed the following. At about 9:00 p.m. on June 9, 2016, cell block H-1 of the Calhoun State Prison was “put on lockdown” following a fight between inmates. Prison surveillance video reveals that, as the lockdown began, inmates Burley, Adams, and Brooks entered cell 107 of the H-1 block just before the cell doors closed and...
316 Ga. 796 FINAL COPY S23A0322. BURLEY v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · October 11, 2023
Caldwell v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Gwinnett County man's felony murder conviction for a drug deal shooting, rejecting his claims that the jury instructions were flawed and that the jury's verdicts contradicted each other.
317 Ga. 507 FINAL COPY S23A0987. CALDWELL v. THE STATE.
2 Our decision should not be understood as suggesting that our repugnant verdicts jurisprudence requires or supports the sort of verdict interpretation that Caldwell argues for here. Caldwell’s argument fails by its own logic, so we need not engage in further analysis. argument that the verdicts were not repugnant, notwithstanding that the verdict form in...
Supreme Court opinion · Supreme Court of Georgia · October 24, 2023
Bell v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia reversed a woman's conviction for felony contributing to the dependency of a minor, ruling there was not enough evidence that her actions caused her infant daughter's death after her boyfriend killed the child.
5 OCGA § 15-11-2 (22) also defines a “dependent child” as a child who “[h]as been placed for care or adoption in violation of law” or “[i]s without his or her parent, guardian, or legal custodian.” The phrase “resulted in the serious injury or death of a child” in OCGA § 16-12-1 (d.1) (1) has not been previously interpreted by this Court. It is well...
317 Ga. 519 FINAL COPY S22G0747. BELL v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · May 16, 2023
O'neal v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld Ryan O'Neal's murder conviction for the shooting of Joseph Jackson during a drug deal turned robbery, rejecting his claims about insufficient evidence, jury instructions, and his lawyer's performance.
showed that O’Neal’s phone communicated with Akhemu’s and Quentin’s phones before and after the shooting and communicated with Akhemu’s phone multiple times after Akhemu set up the meeting with Jackson. Phone records also showed that O’Neal’s phone called McCabe’s phone several times after the shooting, when, according to Quentin, Akhemu asked O’Neal to...
(a) O’Neal first contends that the State failed to prove that he killed Jackson with malice aforethought or an intent to kill. “A person commits the offense of murder when he unlawfully and with malice aforethought, either express or implied, causes the death of another human being.” OCGA § 16-5-1 (a). “The State, of course, must prove malice beyond a...
Supreme Court opinion · Supreme Court of Georgia · November 7, 2023
Carter v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Fulton County man's murder conviction, ruling that the missing jury instruction on accomplice testimony and the admission of a jail release document did not amount to plain error.
317 Ga. 689 FINAL COPY S23A0871. CARTER v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · May 2, 2023
Boles v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a father's felony murder conviction for the death of his three-year-old daughter, finding the evidence sufficient and rejecting his argument that jailhouse interviews with child welfare workers required Miranda warnings.
for a child, as that delay may cause the child to suffer from cruel and excessive physical pain.” (citation and punctuation omitted)). Count 4 of the indictment charged Boles with cruelty to children in the second degree in that he and Candice “did, with criminal negligence, cause Andraia Boles . . . cruel and excessive mental pain by locking her in a...
316 Ga. 209 FINAL COPY S23A0171. BOLES v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · October 11, 2023
State v. COOK (Six Cases)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that Fulton County jailers charged in an inmate's death are not 'peace officers' entitled to special pre-indictment notice, because guarding inmates inside a jail is not the same as maintaining public peace in the community.
OCGA § 17-7-52 (a) provides: Before a bill of indictment or special presentment against a present or former peace officer charging the officer with a crime which is alleged to have occurred while he or she was in the performance of his or her duties is presented to a grand jury, the officer shall be given a copy of the proposed bill of indictment or special...
2 OCGA § 16-1-3 (11) says: “[A]ny person who by virtue of his office or public employment is vested by law with a duty to maintain public order or to make arrests for offenses, whether that duty extends to all crimes or is limited to specific offenses.” application by their express language,3 and OCGA § 17-7-52 does not incorporate by reference any...
Supreme Court opinion · Supreme Court of Georgia · December 19, 2023
Gates v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia ruled that police violated a driver's constitutional right to privacy by using an ex parte court order, rather than a warrant, to obtain his hospital medical records after a car crash.
317 Ga. 889 FINAL COPY S23A1158. GATES v. THE STATE.
Supreme Court opinion · Supreme Court of Georgia · October 11, 2023
In THE MATTER OF RYAN CURTIS CLEVELAND (Two Cases)
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia disbarred Ryan Curtis Cleveland after he abandoned eight clients, including a father seeking custody visits and indigent defendants in jail, and then failed to respond to the State Bar's discipline process.
3 Rule 1.5 (a) provides that “[a] lawyer shall not make an agreement for, charge, or collect an unreasonable fee or an unreasonable amount for expenses.” multiple violations of Rules 1.1,4 1.2,5 1.3,6 1.4,7 1.16 (a) and (c),8 3.2,9 8.4 (a) (4),10 and 9.311 of the Georgia Rules of Professional Conduct 4 Rule 1.1 requires a lawyer to “provide competent...
9 Rule 3.2 provides that “[a] lawyer shall make reasonable efforts to expedite litigation consistent with the interests of the client.” 10 Rule 8.4 (a) (4) provides that a lawyer shall not “engage in professional conduct involving dishonesty, fraud, deceit or misrepresentation.” Certainly, Cleveland’s knowing misrepresentations about the status of one...
Supreme Court opinion · Supreme Court of Georgia · November 7, 2023
Thomas v. State
Summary by Georgia Commons (AI-written): The Supreme Court of Georgia upheld a Gwinnett County man's felony murder convictions in a fatal DUI-related car crash, rejecting his argument that he should have been sentenced only for the lesser crime of homicide by vehicle.
317 Ga. 700 FINAL COPY S23A1137. THOMAS v. THE STATE.
The indictment charged Appellant with one count of felony murder for each of the two victims (Counts 1 and 2). See OCGA § 16- 5-1 (c) (“A person commits the offense of murder when, in the commission of a felony, he or she causes the death of another human being irrespective of malice.”). Each count of felony murder was predicated on fleeing or attempting to...
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