Justia Constitutional Law Opinion Summaries

Joshua Walker appealed his convictions and sentences for felony murder while in the commission of attempted armed robbery, armed robbery, and possession of a firearm during the commission of a felony, all in connection with slaying of Michael Algreen and the armed robbery of Julie Looper. Finding no reversible error, the Supreme Court affirmed Walker's convictions and sentences. View "Walker v. Georgia" on Justia Law

The issue this case presented to the Supreme Court was one of first impression. Appellee David Newton was convicted by jury of burglary, theft by taking, and first degree forgery for taking jewelry while touring a home that he claimed he was interested in purchasing while using a fictitious name on a brokerage agreement. The indictment in this case charged Newton with "enter[ing] the dwelling house of another without authority and with the intent to commit a theft therein, to wit: Said accused did enter a room within the dwelling house of Cynthia Murphy without authority in order to commit a theft therein." Despite the fact that appellee engaged in subterfuge to gain permission to enter Murphy's home, the Court of Appeals reversed appellee's burglary conviction, concluding the evidence was insufficient to show that appellee was "without authority" to be in the victim's house. The Supreme Court granted the State's petition for certiorari, asking "whether a person enters a home 'without authority' when he enters with the consent of the owner, but when that consent was obtained by fraud, deceit, or false pretense." Because the Court determined the answer to its question was "yes," the Court of Appeals' decision was reversed and appellee's conviction reinstated. View "Georgia v. Newton" on Justia Law

Irving Folston was found guilty of malice murder, felony murder and other offenses in connection with the shooting death of Anthony President. On appeal, Folston contended (among other things) that the evidence presented against him at trial was insufficient to support the verdict, the trial court erred in admitting certain evidence, and that his trial counsel was ineffective. Finding no reversible error, the Supreme Court affirmed. View "Folston v. Georgia" on Justia Law

Appellants Maurice Flournoy and Michael Williams were tried jointly and each was convicted of felony murder and related crimes stemming from an armed robbery during a drug buy. Both filed a motion for new trial, which was denied. Finding that the trial court did not err in denying appellants' motions, the Supreme Court affirmed their convictions. View "Flournoy v. Georgia" on Justia Law

Burke County, its Commissioners, and members of the Commission appealed the superior court’s grant of a writ of mandamus requiring the County to repair, maintain and construct certain roads dedicated to the County. In the preceding appeal and cross-appeal, the Supreme Court vacated the superior court’s grant of mandamus relief and remanded the case with direction for the court to reconsider under the proper legal standard that portion of its ruling requiring the County to construct and maintain a previously unopened section of roadway. On remand, the superior court again issued a writ of mandamus granting the relief requested and the County appeals. Upon reconsideration of the matter, the Supreme Court affirmed the superior court's decision. View "Burke County v. Askin" on Justia Law

Kenneth Brown appealed his convictions and sentences for malice murder, aggravated assault, and giving false information to a law enforcement officer, all in connection with the axe slaying of Charlotte Grant. Finding no reversible error, the Supreme Court affirmed Brown’s sentences. View "Brown v. Georgia" on Justia Law

Appellant Kenneth Lee Inman was convicted for murdering Philip Tedder, kidnapping Tedder and James Niebaum, and related crimes. He appealed his convictions and the trial court’s denial of his motion for new trial. Finding no reversible error, the Supreme Court affirmed. View "Inman v. Georgia" on Justia Law

Appellant Terry Hagan pled guilty to the malice murder of his wife and the attempted murder of her lover. He was sentenced to serve life in prison with the possibility of parole for the murder and 30 concurrent years for the attempted murder. Appellant appealed the trial court’s order denying his motion for an out-of-time appeal. Because his claims were meritless or could not be resolved based the trial court record, the Supreme Court affirmed. View "Hagan v. Georgia" on Justia Law

Appellant Jason Pierce was indicted in 1999 on charges of malice murder (two counts), felony murder (four counts), aggravated assault (three counts) and possession of a firearm by a convicted felon. He was ultimately sentenced to two terms of life without parole on the malice murder convictions and consecutive terms of years on his remaining convictions. Appellant appealed the trial court’s denial of his plea in bar based on double jeopardy. Finding no error in the denial of his motion, the Supreme Court affirmed. View "Pierce v. Georgia" on Justia Law

Appellant Robert Lee Reeves, Jr., was sentenced to life after a jury found him guilty of felony murder predicated upon aggravated assault. Appellant argued the trial court erred in denying his motion for a new trial brought on two grounds: (1) insufficiency of the evidence; and (2) that evidence of a prior attempted rape for which he was previously convicted was improperly admitted as a similar transaction. Finding no reversible error, the Supreme Court affirmed. View "Reeves v. Georgia" on Justia Law