Justia Constitutional Law Opinion Summaries

Articles Posted in Georgia Supreme Court
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David Bates was convicted of malice murder and other crimes in connection with the stabbing death of his next-door neighbor. On appeal, he contended that the evidence was insufficient to support his convictions. Because the evidence was sufficient to convict him on the murder and armed robbery counts and the jury found him not guilty on the burglary count, the Supreme Court affirmed. View "Bates v. Georgia" on Justia Law

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Appellant Raymond S. Baker was convicted of malice murder and other crimes in connection with two home invasions. On appeal, he contended that the trial court erred by denying him a thorough and sifting cross-examination of a key witness and that his trial counsel provided constitutionally ineffective assistance. Finding that these contentions had no merit, the Supreme Court affirmed. View "Baker v. Georgia" on Justia Law

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Appellant James Williams was charged with driving under the influence and violation of the open alcohol container law after he was stopped and arrested by officers at a vehicle checkpoint. Appellant filed a motion to suppress on the ground that the roadblock violated the Fourth Amendment. The trial court denied the motion, and on interlocutory appeal, the Court of Appeals affirmed. The issue on appeal to the Supreme Court was whether the Court of Appeals used the correct legal analysis in assessing whether the decision to implement the roadblock was made by supervisory personnel rather than field officers, for a legitimate primary purpose. Applying that analysis here, the Court concluded that the sergeant who authorized the checkpoint at which Appellant was stopped properly made the decision to implement that roadblock in advance as a supervisor and not while acting as an officer in the field. The trial court erred, however, in denying Appellant's motion to suppress, because the State failed to prove that the roadblock program had an appropriate primary purpose other than advancing "the general interest in crime control." The appellate court therefore erred in upholding the trial court's ruling. View "Williams v. Georgia" on Justia Law

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Appellant Demicio White was convicted for the shooting death of Derek Hazley. On appeal of his conviction, appellant challenged the sufficiency of the evidence presented against him at trial. After careful consideration of the trial court record, the Supreme Court concluded the evidence was sufficient that a rational trier of fact could have convicted appellant. Accordingly, the Court affirmed his conviction. View "White v. Georgia" on Justia Law

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Appellant James Watson challenged the constitutionality of Georgia's solicitation of sodomy statute (OCGA 16-6-15). Watson, who at the time was an officer with the City of Nashville Police Department, was convicted of the misdemeanor offense of solicitation of sodomy as well as the felony violation of oath of office, arising from his interactions with 17-year-old. Watson contended the statute was unconstitutional both on its face and as applied to him, as an infringement on his rights to free speech, privacy, and due process of law under the United States and Georgia Constitutions. Watson also challenged the sufficiency of the evidence, the indictment, and the trial court's jury instructions. The Supreme Court reaffirmed the constitutionality of the solicitation of sodomy statute, but found that the evidence was insufficient to convict Watson under that statute. Furthermore, because the counts in the indictment charging Watson with violating his oath of office were expressly premised on a finding that he had violated the solicitation of sodomy statute, the Court reversed the convictions on those counts. View "Watson v. Georgia" on Justia Law

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Appellant Corey Wallace was found guilty of felony murder and other crimes in connection with the shooting death of Willie Merritt. On appeal, he contended that the trial court's charge prevented the jury from properly considering a voluntary manslaughter verdict on the felony murder counts of his indictment and that his trial counsel provided constitutionally ineffective assistance. Finding no error, the Supreme Court affirmed. View "Wallace v. Georgia" on Justia Law

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James Thomas was tried by jury and convicted of the murder of Shamar Edwards, as well as aggravated assaults of Patrick Edwards, Donald Jumper, Amber McAdory, and Quintisha Page. Thomas appealed, contending that: the trial court erred when it failed to sever his trial from that of his co-defendants; when it admitted certain evidence; when it allowed the prosecuting attorney to ask leading questions of certain witnesses; and when it refused to charge the jury on voluntary manslaughter. Finding no error, the Supreme Court affirmed. View "Thomas v. Georgia" on Justia Law

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A Brooks County grand jury indicted Willie Phelps, Kenneth Brinson and Kenneth Williams, for felony murder, aggravated assault, and possession of a firearm during the commission of a felony. Each defendant was indicted individually and as a party to the crimes. At a hearing, Phelps intended to plead guilty to felony murder and to the count of the indictment alleging aggravated assault. However, during the proceedings, it became apparent that the indictment's count regarding the aggravated assault was not properly worded. A separate accusation was prepared, addressing that crime alone, with a separate case number, and Phelps pled guilty to felony murder under Count One of the indictment, and guilty to the aggravated assault under the separate accusation. The next day, the trial court entered an order sentencing Phelps to life in prison for felony murder, and a separate order sentencing him to twenty years in prison for aggravated assault, to be served concurrently with the sentence for felony murder. An order of nolle prosequi was subsequently entered as to the remaining counts of the indictment. Phelps appealed the denial of his motions to withdraw his guilty pleas, citing problems with the indictment, ineffective assistance of counsel, and other prejudicial errors at trial. Finding no error, the Supreme Court affirmed his conviction. View "Phelps v. Georgia" on Justia Law

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Paulo Ross was arrested in December 2004 and indicted in March 2011 for murder in connection with the 2002 shooting death of Quassim Rahman. Ross unsuccessfully moved to dismiss the indictment on the grounds that his constitutional right to a speedy trial had been violated. In January 2013 on motion for reconsideration, the trial court found a violation of Ross's right to a speedy trial and granted his plea in bar. Because there was no material change in the evidentiary posture of this case, the Supreme Court concluded the trial court did not have authority to reconsider its initial order denying Ross's motion to dismiss. Accordingly, the Court reversed. View "Georgia v. Ross" on Justia Law

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At issue in this case was the constitutionality of an ordinance adopted by the City of Dunwoody that imposed an occupational tax on attorneys who maintained an office and practice law in the city. Appellants argued the ordinance: (1) operated as an unconstitutional precondition on the practice of law, as well as an improper attempt to regulate the practice of law; and (2) violated equal protection requirements because it did not apply to attorneys practicing law outside the city limits. The trial court determined the ordinance was constitutional. Finding no error with the trial court's judgment, the Supreme Court affirmed. View "Moss v. City of Dunwoody" on Justia Law