Justia Constitutional Law Opinion Summaries

On March 25, 2021, Georgia Governor Kemp signed into law Senate Bill 9 (“SB 9”), which created from the former Augusta Judicial Circuit two new judicial circuits: the Columbia Judicial Circuit, and the Augusta Judicial Circuit. The judicial circuit split, which was slated to become effective on July 1, 2021, was briefly stayed by three lawsuits challenging the constitutionality of SB 9. The lawsuits were filed in the Superior Court of Richmond County, one by Columbia County citizen Willie Saunders and two by the nonprofit, voting advocacy organization, Black Voters Matter Fund, Inc. (“BVMF”). At the heart of each of these suits was a claim that Columbia County officials sought to form their own judicial circuit as a racially discriminatory reaction to the election of District Attorney Jared Williams in November 2020. These appeals and cross-appeals arose from the trial court’s July 13, 2021 final judgment addressing the merits of the appellants’ challenges to SB 9 in each of the three suits. After an evidentiary hearing, the trial court rejected the appellants’ challenges to SB 9, declaring it “valid and enforceable” and allowing the circuit split to proceed. However, The Georgia Supreme Court vacated the trial court’s judgment as to BVMF and remanded those cases to the trial court with instruction that they be dismissed because BVMF lacked standing to pursue its actions. As to Saunders, the Supreme Court did not reach the merits of his appeal because Saunders failed to challenge the trial court’s dispositive ruling dismissing the defendants he sued. Thus, the Supreme Court also vacated the judgment as to Saunders’ complaint and directed the trial court to dismiss his action upon remand. View "Black Voters Matter Fund, Inc. v. Kemp" on Justia Law

In September 2018, a grand jury returned an indictment charging James Burns, a police officer with the Atlanta Police Department, with crimes connected to a June 2016 on-duty shooting. Burns filed a “Plea in Abatement/Motion to Quash Indictment” arguing that the State failed to provide him his substantive rights under former OCGA sections 17-7-52 and 45-11-4. The trial court denied the motion. The Georgia Supreme Court granted Burns’s application for an interlocutory appeal to review whether the 2016 amendments to OCGA sections 17-7-52 and 45-11-4 applied when an indictment was sought after the effective date of the amendments with respect to crimes allegedly committed prior to the effective date. While the Supreme Court disagreed with the trial court’s reasoning in denying Burns’s motion, it agreed that the 2016 amendments at issue applied to Burns’s prosecution, so the Supreme Court affirmed the judgment of the trial court. View "Burns v. Georgia" on Justia Law

In Case No. S21A0899, Lynnette Riley, the former State Revenue Commissioner, appealed the partial grant of summary judgment in favor of petitioner Georgia Association of Club Executives (“GACE”), contending that the trial court erred by permanently enjoining the enforcement of OCGA 15-21-201(1)(B) – one of the definitions of “adult entertainment establishment” – based on the court’s ruling that the provision was unconstitutionally vague. In Case No. S21X0900, GACE cross-appealed, contending the trial court erred in granting partial summary judgment in Riley’s favor on the remaining claims of GACE’s petition, arguing that OCGA 15-21-209, by imposing an annual assessment on adult entertainment establishments, violated constitutional due process and free speech protections. Although these appeals presented challenges to the constitutionality of state statutes, the Georgia Supreme Court did not address the merits of the appellant’s or the cross-appellant’s claims of error. Instead, the Court vacated the trial court’s summary judgment order and subsequent final judgment because the Court determined GACE’s action against Riley was moot when the trial court ruled. "Because Riley was no longer Revenue Commissioner at the time the trial court entered its summary judgment order and subsequent final judgment, an injunction against her in her individual capacity could not give GACE the relief it seeks. ... A court may not address the constitutionality of the tax at issue absent the presence of a proper defendant in the action." View "Riley v. Georgia Assn. of Club Executives., Inc." on Justia Law

Lowe Payne appealed his convictions for felony murder and other crimes arising out of the shooting death of Carldrake Finister. On appeal, Payne argued the trial court erred when it admitted evidence of prior difficulties between the parties and that trial counsel was deficient for failing to admit a key piece of exculpatory evidence and for failing to request the trial court to reopen the evidence at the jury’s request. Finding no reversible error, the Georgia Supreme Court affirmed Payne's convictions. View "Payne v. Georgia" on Justia Law

Tahja Williams was found guilty of malice murder and other crimes arising out of the death of Keaira Palmer and the wounding of Stefon Cook in a drive-by shooting in 2016. He appealed, arguing (1) the evidence was insufficient merely showed Williams’ presence, it supported his claim of justification, and it failed to corroborate accomplice testimony; (2) the trial court erred in denying his motion in limine to exclude jail calls to which Williams was a party; (3) the trial court erred in denying his motion for mistrial when a co-defendant refused to answer certain questions; and (4) the trial court improperly instructed the jury that it could find Williams guilty of felony murder and not the underlying aggravated assault. The Georgia Supreme Court concluded that the evidence was sufficient to support Williams’ convictions, the jury was authorized to reject Williams’ claim of justification, and the accomplice testimony was corroborated. There was no error in denying Williams’ motion to exclude evidence of a jail telephone call as hearsay because it was an admission of a party opponent. The Court found Williams’ motion for mistrial on the ground that a witness refused to answer questions was properly denied because Williams had the opportunity for a full and complete cross-examination of the witness. Finally, Williams’ contention that the trial court improperly instructed the jury was moot. Therefore, judgment was affirmed. View "Williams v. Georgia" on Justia Law

Jermaine Ware was convicted of malice murder and other crimes, with a final disposition being entered by the Superior Court of Polk County, Georgia in December 2012. Ware appealed, and the Georgia Supreme Court affirmed Ware’s convictions on direct appeal. In June 2021, Ware filed a pro se motion in arrest of judgment, alleging, among other things, that the indictment was defective. The superior court denied Ware’s motion, stating that Ware was barred from raising issues that could have been raised on direct appeal. Ware appealed, but the Supreme Court did not consider the merits of Ware’s arguments because the superior court should have dismissed the motion as untimely. Therefore, the Court vacated the trial court’s order and remanded the case with direction. View "Ware v. Georgia" on Justia Law

Roney Wilson challenged his 2018 convictions for felony murder and other crimes in connection with the shooting death of his girlfriend Jimeshia Gordon. Appellant contended on appeal that he was denied the effective assistance of counsel in two respects: trial counsel did not object to alleged hearsay from a non-testifying witness used by the State to prove motive, and trial counsel argued a defense that was allegedly contradicted by expert evidence. Because Appellant did not establish that trial counsel performed deficiently in these respects, the Georgia Supreme Court affirmed. View "Wilson v. Georgia" on Justia Law

Rodricus Ward was convicted of malice murder and firearm offenses in connection with the shooting death of his on-again, off-again girlfriend, Darla Gibbons. He appealed, contending that the evidence presented at his trial was insufficient to support his convictions and that the trial court erred in allowing six witnesses to testify about hearsay statements that Gibbons made to them. Appellant also argued his trial counsel provided ineffective assistance in three ways: by failing to adequately argue against the State’s motion to introduce the hearsay testimony; by failing to try to suppress all of Appellant’s interview with two police detectives; and by failing to sufficiently prepare for trial. Finding no reversible error, the Georgia Supreme Court affirmed. View "Ward v. Georgia" on Justia Law

Karonta Morrell was charged with 21 counts in connection with the murders of Rocquan Scarver and Jonathan Lang. Prior to trial, the trial court granted Morrell’s motion to sever the counts related to Scarver’s murder from the counts that were related to Lang’s. Morrell was convicted by jury on all charges related to Scarver’s murder. On appeal, Morrell argued the trial court erred in admitting hearsay evidence under the forfeiture-by-wrongdoing provision of OCGA 24-8-804(b)(5), admitting other-acts evidence of witness intimidation connected to Lang’s murder under OCGA 24-4-404(b), and denying his motion to remove a juror whom Morrell claims was not impartial. The Georgia Supreme Court affirmed because the trial court did not abuse its discretion in admitting the hearsay evidence; it did not abuse its discretion in admitting the other-acts evidence of witness intimidation; allowing the references to Lang’s murder was error harmless; and the trial court did not abuse its discretion in denying Morrell’s motion to excuse the challenged juror. View "Morrell v. Georgia" on Justia Law

Deunta Grier challenged his 2016 convictions for malice murder and other crimes in connection with the shooting death of his girlfriend, Tiffany Bailey. On appeal, Grier contended: (1) the evidence presented at his trial was insufficient to support his convictions; (2) the trial court committed plain error in admitting hearsay statements allegedly made by Bailey’s five-year-old daughter, J.F., and the couple’s three-year-old daughter, A.G., under the Child Hearsay Statute and in violation of Appellant’s constitutional right of confrontation; and (3) that he was denied the effective assistance of counsel. Finding no reversible error, the Georgia Supreme Court affirmed. View "Grier v. Georgia" on Justia Law