Justia Constitutional Law Opinion Summaries

Appellant Sephus Wells was convicted of felony murder based on aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony, in connection with the shooting death of Corey Sinkfield. On appeal, he argued that his trial counsel provided ineffective representation and that the trial court violated OCGA 17-8-57 by making an impermissible comment to the jury. Finding no reversible errors, the Supreme Court affirmed. View "Wells v. Georgia" on Justia Law

Following a jury trial, Douglas Davis was found guilty of malice murder, three counts of felony murder, and various other offenses in connection with the shooting death of Robert Gresham. On appeal, Davis argued that the trial court erred by not granting a continuance after Davis replaced appointed counsel with retained counsel mid-trial. Davis further contends that both attorneys were ineffective at trial. Finding no reversible error, the Supreme Court affirmed. View "Davis v. Georgia" on Justia Law

Alfred Alexander was indicted in 2004, and charged with malice murder, felony murder, and cruelty to a child in the first degree, all in connection with the death of his infant son, Elijah. A jury returned unanimous verdicts on the charges of malice murder and cruelty, finding Alexander guilty of the latter, but not guilty of the former. The jury was unable, however, to reach a unanimous verdict on the charge of felony murder, and so, that charge was mistried. The State could have insisted that Alexander promptly be retried for felony murder, but it did not. Instead, his case fell off the trial calendar (notwithstanding that the charge of felony murder still was pending) and it remained off the calendar for nearly eight years. In the meantime, Alexander: (1) was sentenced to a term of imprisonment for cruelty to a child; (2) sought and was denied a new trial on cruelty; (3) decided to forego an appeal of his conviction for cruelty; (4) and in June 2009, was released from prison on parole. Years later, the prosecuting attorney realized that Alexander had not been retried for felony murder, and the State asked the trial court to put the case back on the trial calendar, which the court did in 2013. Alexander promptly moved to dismiss the charge of felony murder, asserting that the delay in retrying him had worked a denial of his constitutional right to a speedy trial. Following a hearing, the trial court granted his motion. The State appealed, contending that the trial court misapplied the principles set out in "Barker v. Wingo," (407 U. S. 514 (1972)), and "Doggett v. United States," (505 U. S. 647 (1992)). The Supreme Court found after its review of this case, that the trial court entered a detailed order, in which it carefully and thoroughly explained its reasons for concluding that Alexander was denied his right to a speedy trial. As such, the Court concluded the trial court did not abuse its discretion in denying the State's request. Accordingly, the Court affirmed the trial court. View "Georgia v. Alexander" on Justia Law

Dennis Cosmo was convicted of, among other things, a violation of section (d) (1) of the former version of the “Computer or Electronic Pornographic and Child Exploitation Prevention Act” prior to the statute’s amendment in 2013. That conviction was reversed by the Court of Appeals. The State petitioned for certiorari to consider whether proof of a direct communication with a child is required to prove a violation of the statute. Upon review, the Supreme Court concluded that direct communication was not required for a conviction pursuant to the crime as charged in this case, and the Court reversed the Court of Appeals as it related to his conviction for violation of this statute. View "Georgia v. Cosmo" on Justia Law

Appellant Rodney Thompson was convicted of the felony murder of his mother, Marjorie Lynch. On appeal, he argued the evidence presented at trial was insufficient to support his conviction and that the trial court erred in excluding expert evidence regarding his low IQ and in admitting evidence of his prior difficulties with the victim and of certain statements he made while in police custody. Finding no merit to these contentions, the Supreme Court affirmed. View "Thompson v. Georgia" on Justia Law

Appellant Stephen Clark West was convicted of malice murder in connection with the death of Kaylee Kipp and cruelty to children in the first degree for causing Kaylee’s older sisters, S.K. and A.K., severe physical and mental pain. He appealed, asserting among other things, the State violated his right to remain silent. Finding no error, the Supreme Court affirmed. View "West v. Georgia" on Justia Law

Roland Wilson appealed his conviction for felony murder for the beating death of William Okafor. Appellant challenged the sufficiency of the evidence supporting his conviction, the trial court’s admission of hearsay evidence, and the court’s refusal to grant a mistrial when the prosecutor made improper comments in closing argument. Finding no reversible error, the Supreme Court affirmed. View "WILSON v. THE STATE" on Justia Law

Appellant William Cobb was convicted of child molestation and related crimes involving three of his children and sentenced to life in prison plus 140 years. His conviction was upheld by the Court of Appeals. The only issue raised in that appeal was the admission of similar transactions evidence at trial. In 2010, Cobb filed a petition for habeas relief, alleging fourteen grounds, including ineffective assistance of appellate counsel. The habeas court denied relief on all claims. One of the bases of appellant’s ineffective assistance claim in the habeas corpus proceeding concerned the admission at trial of the videotaped forensic interview of his daughter H.C. under the child hearsay statute. Upon review, the Supreme Court affirmed the habeas court's decision to deny relief to appellant's claim of ineffective assistance of appellate counsel. View "Cobb v. Hart" on Justia Law

Appellant Devon Grant was convicted of malice murder and possession of a firearm during the commission of a crime in connection with the shooting death of Kattilius Middlebrooks. He appealed the denial of his motion for new trial, but finding no reversible error, the Supreme Court affirmed. View "Grant v. Georgia" on Justia Law

Following the denial of his motion for new trial, Carl Gibbs appealed his convictions for malice murder, armed robbery, and two counts of possession of a firearm during the commission of a crime in connection with the fatal beating and shooting of Judson Boyd. His only challenge was that the evidence was insufficient to convict him of the crimes. The Supreme Court concluded the evidentiary challenge was without merit; however, it was error to sentence Gibbs on both of the firearm possession counts. Accordingly, the Court affirmed in part, and vacated in part. View "Gibbs v. Georgia" on Justia Law