Justia Constitutional Law Opinion Summaries
Articles Posted in Supreme Court of Georgia
Jones v. Georgia
Samuel Jones was convicted by jury of malice murder and other crimes in connection with the 2018 shooting death of Terrance Gibson. In consolidated cases, Jones argued on appeal that the trial court erred by refusing to charge the jury on voluntary manslaughter and that his trial counsel provided constitutionally ineffective assistance. The Georgia Supreme Court disagreed with both contentions and affirmed. View "Jones v. Georgia" on Justia Law
Albury v. Georgia
Riki Ray Albury was convicted of malice murder and other crimes in connection with the 2018 stabbing death of Ronald Roach. On appeal, Albury contended the trial court erred by failing to excuse two jurors for cause and by admitting a particular autopsy photograph into evidence, and that Albury’s trial counsel provided constitutionally ineffective assistance. Seeing no error, the Georgia Supreme Court affirmed. View "Albury v. Georgia" on Justia Law
Benton v. Georgia
Prior to his conviction for aggravated assault in this case, Turner Benton had been found guilty of three other felony offenses. However, for the first of those offenses, he was sentenced under Georgia’s First Offender Act and placed on probation. The Georgia Supreme Court granted Benton’s petition for a writ of certiorari in this case to consider whether his first-offender sentence became a “conviction” for purposes of OCGA § 17-10-7(c) when the record shows that his probation was revoked by the court multiple times, but where there was no adjudication of guilt. The Supreme Court found that for Benton’s first offense, the court’s revocation orders served only to revoke Benton’s probation, not his status as a first offender. Thus, upon the completion of his first-offender sentence, Benton was exonerated of the underlying offense by operation of law. The Supreme Court therefore determined that the trial court and the Court of Appeals erred in their determinations that Benton had been convicted of three felonies prior to his conviction in this case. Accordingly, the Supreme Court reversed the Court of Appeals and remanded this case with direction that Benton’s sentence be vacated and he be resentenced. View "Benton v. Georgia" on Justia Law
Prickett v. Georgia
Santron Prickett appealed his conviction for felony murder and other charges in connection with the 2010 death of Antwan Curry. Prickett argued on appeal that the trial court erred in denying his motion for a new trial because: (1) he received ineffective assistance of trial counsel when his attorney failed to stipulate to his status as a felon, thereby tainting the jury with evidence of Prickett’s prior criminal conviction; (2) his constitutional right to be present at all critical stages of the trial was violated when the trial court conferred with counsel out of his presence 26 times during trial; and (3) the trial court failed to rebuke the prosecutor and declare a mistrial, or, in the alternative, give a curative instruction to the jury following defense counsel’s objection to an improper comment by the prosecutor during closing arguments. Because the Georgia Supreme Court determined the trial court erred in sentencing Prickett, it vacated his convictions and sentences and remanded the case for resentencing. The Court affirmed in all other respects. View "Prickett v. Georgia" on Justia Law
Jones v. Georgia
Reginald Jones appealed his convictions for malice murder and related crimes in connection with the 2017 death of his girlfriend Faith Bittinger and her unborn child. On appeal. Jones argued: (1) the trial evidence was insufficient to establish he killed Bittinger with malice aforethought; and (2) trial counsel rendered ineffective assistance for calling Jones’ neighbor as a character witness, because in doing so, the State was then permitted to introduce prejudicial character witness. Finding no reversible error, the Georgia Supreme Court affirmed. View "Jones v. Georgia" on Justia Law
Bridges v. Georgia
Appellant Arleshia Bridges appealed her convictions for malice murder and related crimes in connection with the 2010 shooting death of Anthony Rankins, Jr. On appeal, Bridges argued the trial court erred in denying her motion for a new trial based on the general grounds and in striking three prospective jurors. for cause. After review of the trial court record, the Georgia Supreme Court affirmed. View "Bridges v. Georgia" on Justia Law
Walker v. Georgia
Shaun Walker was convicted by jury of malice murder and related crimes in connection with the 2017 shooting death of Antonio Ferguson. On appeal, Walker argued the evidence was insufficient to support his convictions. Finding no reversible error, the Georgia Supreme Court affirmed Walker’s convictions. View "Walker v. Georgia" on Justia Law
Ruff v. Georgia
Tahj Ruff was convicted of felony murder and related crimes in connection with the shooting death of Lynwood Williams. Ruff appealed, but the Georgia Supreme Court affirmed Ruff’s convictions. The matter was remanded to the trial court, however, to correct the calculation of Ruff’s sentence. View "Ruff v. Georgia" on Justia Law
Dugar v. Georgia
Rita Dugar was convicted for shooting Jon Townley at her ex-boyfriend’s home. She claimed she attempted to fire a warning shot because the boyfriend and Townley had been fighting. On appeal, Dugar raised four enumerations of error, all relating to her waiver of a jury trial. But finding no error, the Georgia Supreme Court affirmed Dugar’s conviction. View "Dugar v. Georgia" on Justia Law
Harris v. Georgia
Juan Harris was convicted by jury of murder and related crimes in connection with the 2001 death of Tony Morris. On appeal, Harris argued the trial court should have granted him a continuance to call missing witnesses, and that his trial counsel was ineffective for reasons relating to witness preparations and for withdrawing requests for jury charges. Finding no reversible error, the Georgia Supreme Court affirmed. View "Harris v. Georgia" on Justia Law