Justia Constitutional Law Opinion Summaries
Articles Posted in Georgia Supreme Court
Harris v. Upton
Alvin Harris was tried and convicted of felony murder, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon in 1999. He received a mandatory life sentence for felony murder plus consecutive and concurrent terms on the additional counts. In 2008, he filed a petition for habeas corpus, raising numerous grounds for relief. Following an evidentiary hearing at which Harris was represented by counsel, the habeas court denied relief. Harris then applied for a certificate of probable cause to appeal asserting the habeas court erred in rejecting two of his ineffective assistance of appellate counsel claims that appellate counsel failed to reasonably investigate and submit evidence that trial counsel: (1) was ineffective for failing to inform him of a plea offer made by the State; and (2) was under the influence of drugs during the time he represented Harris. Upon review, the Supreme Court found no reversible error in the habeas court's factual and legal determinations, and affirmed the denial of Harris' petition. View "Harris v. Upton" on Justia Law
Ford v. Hanna
In 2005, Robert Hanna and Kelli Ford were divorced in Gwinnett County. Hanna later moved to DeKalb County, and in 2011, Ford filed a petition in DeKalb County to modify their divorce decree with respect to child support and visitation. At the same time, Ford also filed a motion in DeKalb County for contempt, alleging that Hanna had failed to pay child support due under the decree. Hanna moved to dismiss the motion for contempt for want of jurisdiction, and the DeKalb County court granted his motion, citing the general rule that contempt of a decree ordinarily can be punished only by the court that rendered the decree. The DeKalb County court distinguished "Buckholts," reasoning that Buckholts was limited to counterclaims for contempt. Ford appealed, contending that the DeKalb County court had jurisdiction to entertain her motion for contempt. Upon review, the Supreme Court agreed, and reversed the dismissal of the motion for contempt. View "Ford v. Hanna" on Justia Law
Colton v. Georgia
After a jury trial, Tyus Colton was convicted of malice murder, felony murder, aggravated assault and aggravated battery in connection with the beating death of Shannon Blount. On appeal, he contended, among other things, that the trial court erred in admitting evidence of Colton's confession without first finding that the confession had been made voluntarily. Though the Supreme Court found after its review, that the evidence was sufficient to support his convictions, the Court found error with the trial court's admission of testimony relating to the co-defendant's initial, non-custodial statement to police on the day of the murder. As such, the Supreme Court remanded the case back to the trial court for a conclusive finding on the voluntariness of Colton's confession. View "Colton v. Georgia" on Justia Law
Brockman v. Georgia
Ward Brockman was convicted by jury of felony murder and criminal attempt to commit armed robbery. The jury recommended the death sentence for the murder after finding beyond a reasonable doubt that the murder was committed during the commission of another capital felony. Brockman appealed the denial of his motion for a new trial. Finding that the evidence sufficient to support the jury's verdict and sentence, the Supreme Court affirmed his conviction and the trial court's denial of his motion for a new trial.
View "Brockman v. Georgia" on Justia Law
Blake v. Georgia
Appellant Derrick Ashley Blake was convicted of felony murder and related charges in connection with the December 2008 shooting death of Marion Turner. Blake appealed the denial of his motion for new trial, asserting error in the trial court's instructions to the jury and in his sentence. Although the Supreme Court found no error in Blake's convictions, the Court did find error in his sentence, which was vacated. The Court affirmed Blake's convictions, but remanded the case for recalculation of his sentence. View "Blake v. Georgia" on Justia Law
Huff v. Georgia
Appellant Marcus DeWayne Huff was convicted of malice murder for the 2010 stabbing death of Daniel Aftowski. He appealed, asserting the evidence was insufficient to support his conviction. Finding no error, the Supreme Court affirmed. View "Huff v. Georgia" on Justia Law
In the Interest of W.L.H.
In this case, the Supreme Court granted an application for certiorari from the Court of Appeals' decision in "In re: W.L.H.," (723 SE2d 478 (2012)) to determine whether a child in a deprivation action had standing to appeal when the child was represented by counsel and the child's guardian ad litem chose not to appeal. "Because the guardian ad litem is the legal protector of a child's best interests in deprivation proceedings, we find that a child lacks standing to appeal a deprivation ruling except through a guardian ad litem."
View "In the Interest of W.L.H." on Justia Law
Reaves v. Georgia
Rodney Reaves was convicted of the felony murder of his 11-year-old daughter and other related crimes. He appealed the denial of his motion for new trial, asserting that the trial court erred by excluding the testimony of certain witnesses and failing to properly instruct the jury and that trial counsel provided ineffective assistance. Finding no error, the Supreme Court affirmed. View "Reaves v. Georgia" on Justia Law
Vines v. Vines
Thomas Vines appealed a trial court's order that denied his motion to modify the terms of his visitation rights with his daughter and that granted Anita Vines' counterclaim for contempt and request for attorney fees. Finding no error, the Supreme Court affirmed.
View "Vines v. Vines" on Justia Law
Thomas v. Georgia
In 2009, a grand jury indicted Appellant Lance Thomas, Jr., along with Robert Robinson, James Prothro, and Tony Smith for: (1) malice murder of David Nixon, (2) felony murder of David Nixon (based on aggravated assault with a deadly weapon), (3) malice murder of Michael Cruver, (4) felony murder of Cruver (based on aggravated assault with a deadly weapon), (5) aggravated assault of Reginald Nixon ("Nixon") with a deadly weapon, (6) burglary, (7) aggravated assault of Cruver with intent to rob, and (8) aggravated assault of Nixon with intent to rob. The charges arose from a 2008 home invasion. Robinson pled guilty to the two counts of felony murder; Prothro pled guilty to burglary and aggravated assault; and Smith pled guilty to conspiracy to commit robbery. They all testified for the State at Appellant's trial, where Appellant was found not guilty of the malice murder counts but guilty of all the other charges. On appeal, he contended that the evidence at trial was insufficient to sustain his burglary conviction, that the trial court erred in denying his motions to suppress evidence seized pursuant to a vehicle search and his custodial statement to the police, and that the trial court should have merged several convictions for sentencing. Finding no error, the Supreme Court affirmed. View "Thomas v. Georgia" on Justia Law