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Found 64 matching documents.
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 · 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...
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 5. This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval.
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 July 10, 2023, Appellant filed a motion for permission to file an out-of-time statutory demand for speedy trial under OCGA § 17- 7-171 (a). In the motion, Appellant also said that he was making a demand for a speedy trial “[p]ursuant to the Georgia Constitution.” The trial court held a hearing on the motion on August 31, 2023. During the hearing, the...
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...
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 5. All laws and parts of laws in conflict with this Act are repealed.
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...
Bill or resolution · Georgia House of Representatives · February 3, 2025 · Engrossed
Motor vehicles; enforcement of speeding violations in school zones through automated traffic enforcement safety devices; repeal all laws
Summary by Georgia Commons (AI-written): A Georgia Senate substitute for HB 225 would repeal the state law allowing school zone speed cameras and ban local governments from signing new or renewed camera enforcement contracts starting July 1, 2027.
SECTION 2. Said article is further amended by repealing Code Section 40-14-1.2, relating to agent not private investigator or subject to certain laws.
SECTION 3. Said article is further amended in Code Section 40-14-2, relating to permit required for use, use not authorized where officers paid on fee system, and operation by registered or certified peace officers, by repealing subsection (c).
Bill or resolution · Georgia State Senate · February 19, 2025 · Vetoed
Criminal Procedure; offenses that are not serious violent felonies, sexual felonies, or other certain offenses to be charged by accusation of the district attorney; allow
Summary by Georgia Commons (AI-written): A Georgia Senate bill would let district attorneys charge most felony cases by accusation instead of requiring a grand jury indictment, while also rewriting the state's gun law preemption statute and changing who can sue over local gun rules. The bill was passed by the legislature but vetoed by the Governor.
SECTION 2. Title 17 of the Official Code of Georgia Annotated, relating to criminal procedure, is amended by revising subsection (a) 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: "(a) As used in this Code section, the term: (1) 'Serious...
(2) All laws relating to the rights and responsibilities attendant to indicted cases shall be applicable to cases charged by accusation signed by the district attorney. (3) The accusation need not be supported by affidavit except in cases where the defendant has not been previously arrested in conjunction with the actions alleged in the accusation or when...
Bill or resolution · Georgia House of Representatives · March 20, 2025 · Introduced
Motor vehicles; minimum speed limit of 50 miles per hour on certain highways; provide
Summary by Georgia Commons (AI-written): A House substitute bill would set a 50 mile per hour minimum speed on interstates and Georgia Highway 400 where the posted limit is 65 mph or higher, taking effect July 1, 2027.
SECTION 1. Article 9 of Chapter 6 of Title 40 of the Official Code of Georgia Annotated, relating to speed restrictions, is amended by revising Code Section 40-6-184, relating to impeding traffic flow, minimum speed limits, and slower driving in a passing lane, as follows: "40-6-184. (a) No person shall drive a motor vehicle at such a slow speed as to...
SECTION 2. This Act shall become effective on July 1, 2027.
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 13, 2025 · Engrossed
Pleadings and Motions; movants to file notices of uncontested motions in superior courts and state courts; authorize
Summary by Georgia Commons (AI-written): A Georgia Senate bill would let parties in superior and state court cases force a ruling on a stalled motion by filing an uncontested motion notice, after which the motion is deemed granted if the judge still doesn't rule within seven days.
SECTION 1. Article 3 of Chapter 11 of Title 9 of the Official Code of Georgia Annotated, relating to pleadings and motions, is amended by adding new Code sections to read as follows: "9-11-16.1. (a) In the event that a superior court judge or a state court judge fails to rule upon a properly served pretrial motion before him or her to which no objection has...
Bill or resolution · Georgia House of Representatives · February 26, 2025 · Passed
Motor vehicles; use of automated traffic enforcement safety devices in school zones; revise provisions
Summary by Georgia Commons (AI-written): House Bill 651 rewrites Georgia's rules for school zone speed cameras, adding new penalties for misuse, requiring flashing warning lights, and requiring local voters to approve camera enforcement through a referendum starting in 2027.
SECTION 10. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 15-9-155, relating to prosecuting attorney's duties and authority in probate courts in counties in which there are no state courts, by revising subparagraph (a)(1)(A) as follows: "(A) In the prosecution of any violation of the laws or ordinances of...
SECTION 11. Said title is further amended in Code Section 15-18-6, relating to duties of district attorney, by revising paragraph (6) as follows: "(6) To prosecute civil actions to enforce any civil penalty set forth in Code Section 40-6-163 or 40-14-18 and to prosecute or defend any other civil action in the prosecution or defense of which the state is...
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...
Bill or resolution · Georgia State Senate · February 3, 2025 · Introduced
Speed Detection Devices and Red Light Cameras; standards for signs warning of a reduced speed limit in a school zone and signs warning of the use of automated traffic enforcement safety devices; provide
Summary by Georgia Commons (AI-written): A Georgia Senate bill would tighten the rules for school zone speed cameras, requiring new warning signs placed a half mile before school zones and speed-display devices, while narrowing when tickets can be issued.
SECTION 5. Title 15 of the Official Code of Georgia Annotated, relating to courts, is amended in Code Section 15-9-155, relating to prosecuting attorney's duties and authority in probate courts in counties in which there are no state courts, by revising subparagraph (a)(1)(A) as follows: "(A) In the prosecution of any violation of the laws or ordinances of...
SECTION 6. Said title is further amended in Code Section 15-18-6, relating to duties of district attorney, by revising paragraph (6) as follows: "(6) To prosecute civil actions to enforce any civil penalty set forth in Code Section 40-6-163 or 40-14-18 and to prosecute or defend any other civil action in the prosecution or defense of which the state 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.
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...
The reasonableness of trial counsel’s strategic decision to advise a defendant to waive his right to a jury trial should be “examined from counsel’s perspective at the time of trial and under the particular circumstances of the case.” Taylor v. State, 312 Ga. 1, 15 (860 SE2d 470) (2021) (cleaned up). Here, the record demonstrates that trial counsel’s advice...
Bill or resolution · Georgia State Senate · February 13, 2025 · Introduced
Speed Detection Devices; all laws relative to enforcement of speeding violations in school zones through the use of automated traffic enforcement safety devices; repeal
Summary by Georgia Commons (AI-written): A Georgia Senate bill would eliminate the state law allowing automated speed cameras in school zones and bar local governments and police from entering new camera enforcement contracts starting immediately, with the repeal of underlying camera laws taking effect July 1, 2026.
SECTION 2. Said article is further amended by repealing Code Section 40-14-1.2, relating to agent not private investigator or subject to certain laws.
SECTION 3. Said article is further amended in Code Section 40-14-2, relating to permit required for use, use not authorized where officers paid on fee system, and operation by registered or certified peace officers, by repealing subsection (c).
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.
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...
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.
Based on this evidence, the jury found Morris guilty on nine charges, and the trial court sentenced Morris to life in prison for the malice murder of Griffin in June 2007, ten years consecutive for the attempted armed robbery of Griffin in May 2007, 20 years concurrent for the aggravated assault of Griffin in May 2007, 20 years consecutive for the...
We affirmed Morris’s convictions and, in the process, sua sponte reviewed the sufficiency of the evidence and determined that the evidence was sufficient. Morris, 294 Ga. at 46, 48. (b) Habeas proceedings In 2017, Morris filed the habeas petition in this case, raising multiple claims of ineffective assistance of trial and appellate counsel. Morris alleged...
Bill or resolution · Georgia State Senate · February 10, 2025 · Passed
Insanity and Mental Incapacity; hearing before a court orders an evaluation of the mental competency of an accused person to stand trial; require
Summary by Georgia Commons (AI-written): Senate Bill 132 changes how Georgia courts handle questions about a criminal defendant's mental competency to stand trial, requiring a hearing before ordering an evaluation and creating faster timelines and automatic dismissal for people accused only of minor, nonviolent misdemeanors.
(2) If the accused files a special plea alleging that the accused is mentally incompetent to stand trial, it shall be the duty of the court to have a bench trial, unless the state or the accused demands a special jury trial, to determine the accused's competency to stand trial. Once a special plea has been filed, the court shall submit the department's...
Bill or resolution · Georgia House of Representatives · February 4, 2025 · Passed
Eviction Service and Airplane Evictions Act; enact
Summary by Georgia Commons (AI-written): House Bill 270 changes who can legally deliver eviction paperwork in Georgia, allowing an approved process server to serve eviction summonses in addition to sheriffs and constables.
SECTION 3. All laws and parts of laws in conflict with this Act are repealed.
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