Justia Constitutional Law Opinion Summaries

Kelly Sanders challenged the denial of her special demurrer as to a six-count second indictment against her, arguing that it was insufficient in a number of ways. Sanders was originally indicted for murder and on drugs possession charges. After Sanders filed her notice of appeal, the State indicted Sanders a third time, and the trial court entered orders of nolle prosequi as to the first and second indictments. The State argued that because Sanders was indicted a third time and the trial court purported to dismiss the second indictment that was the subject of this appeal, Sanders’ appeal was moot. To this, the Georgia Supreme Court disagreed: the purported order of nolle prosequi with respect to the second indictment was a nullity. Further, the Court concluded Counts 2, 4, and 5 of the second indictment were subject to a special demurrer. However, the Supreme Court held that Counts 1, 3, and 6 were not subject to a special demurrer on the grounds argued by Sanders in her appeal. View "Sanders v. Georgia" on Justia Law

Demartre Harris was convicted by jury of felony murder and other crimes for his involvement in two drive-by shootings that injured Laundon Alexander and Patrick Boyd and resulted in the death of Marcus Bowden. Harris argued on appeal: (1) the evidence was insufficient to support his convictions; (2) the trial court erred by admitting evidence pertaining to the weapons and ammunition that law enforcement officials found at the time of Harris’s arrest; (3) the trial court erred by admitting evidence pertaining to Harris’s Facebook posts; and (4) that Harris received constitutionally ineffective assistance of counsel because his trial lawyer failed to call Dashauna Wilborn as a witness. Finding no reversible error, the Georgia Supreme Court affirmed. View "Harris v. Georgia" on Justia Law

Demetruis Fortson was convicted by jury of felony murder predicated on armed robbery, hijacking a motor vehicle, and possession of a firearm during the commission of a felony, among other offenses, related to the shooting death of Nicholas Hagood. On appeal, Fortson contended the evidence presented at his trial was insufficient to support his convictions, and that the trial court erred in denying his motions for a new trial in its capacity as the “thirteenth juror” and for a directed verdict. Finding no reversible error, the Georgia Supreme Court affirmed. View "Fortson v. Georgia" on Justia Law

Jefferies Anderson was convicted by jury of malice murder and other offenses in connection with the shooting death of Jonathan Newton. Following the denial of his motion for new trial, Anderson appealed, arguing that the trial court erred by admitting intrinsic evidence and that his trial counsel provided constitutionally ineffective assistance. Finding no reversible error, the Georgia Supreme Court affirmed. View "Anderson v. Georgia" on Justia Law

Sovensky Maddox was convicted by jury of the malice murder of Lafayette Smith. Maddox’s jury trial was conducted simultaneously with the bench trial of his co-defendant, Jason Evans. Evans was acquitted. Maddox appealed, contending that the trial court erred by simultaneously holding a bench trial for his co-defendant while holding a jury trial for him and by denying his motion to sever the trials. The Georgia Supreme Court determined that Maddox waived any claim of error in regard to the simultaneous jury and bench trials, and that the trial court did not abuse its discretion by denying Maddox’s motion to sever. View "Maddox v. Georgia" on Justia Law

Appellant James Shelton was convicted of malice murder in connection with the death of Manuel “Manny” Palmer. Appellant contended on appeal that: (1) the trial court erred in denying his motion for directed verdict; and (2) trial counsel was constitutionally deficient for failing to obtain a psychologist’s evaluation regarding his criminal responsibility. Finding no reversible error, the Georgia Supreme Court affirmed. View "Shelton v. Georgia" on Justia Law

Alejandro Martinez-Arias was convicted by jury of aggravated child molestation, aggravated sexual battery, and child molestation. In his appeal to the Georgia Court of Appeals, Martinez-Arias contended, among other things, that the trial court erred when it allowed the State to present opinion testimony about certain purported aspects of Mexican or Latino culture from a school counselor who had worked with M.J., the child victim. The Court of Appeals affirmed, concluding that the trial court did not abuse its discretion in admitting the disputed testimony. The Georgia Supreme Court granted certiorari and asked the following question: “Did the trial court commit reversible error when it admitted opinion testimony about cultural characteristics of an ethnic group?” The Court answered, "yes," the trial court abused its discretion when it admitted this testimony, but the Court nonetheless affirmed because the error was harmless based on the record in this case. View "Martinez-Arias v. Georgia" on Justia Law

Appellant Erica Brennan was convicted of felony murder and other crimes in connection with the scalding death of her eight-year-old stepdaughter, Sarah Harris. On appeal, Appellant argued: (1) the trial court erred by conducting a pre-trial conference pursuant to Uniform Superior Court Rule (“USCR”) 33.5 (B) outside her presence in violation of her federal and state constitutional rights; (2) the trial court erred by initiating an ex parte conversation with the lead detective, and by failing to disclose this conversation to counsel; and (3) her second-chair counsel rendered ineffective assistance by being mentally and physically incapable of assisting in Appellant’s trial. Finding no reversible error, the Georgia Supreme Court affirmed Brennan's conviction. View "Brennan v. Georgia" on Justia Law

In 1987, Dennis Langley was convicted of murder and sentenced to serve life in prison. He was later released on parole. On July 26, 2019, a search of Langley’s home revealed a semi-automatic pistol with a loaded magazine hanging on a wall in his living room and two rifles in his bedroom closet. Langley was charged by accusation with one count of possession of a firearm by a convicted felon in violation of OCGA 16-11-131 (b).1 The accusation specified that he had previously been convicted of a forcible felony, murder. Langley pled guilty, and the trial court sentenced him to a term of imprisonment with the first six months to be served in confinement and the remainder to be served on probation. The State filed a timely notice of appeal directed to the Court of Appeals, arguing that the trial court lacked the authority to impose a probated sentence and that the sentence was therefore void. The Georgia Supreme Court granted certiorari in this case to decide whether the Court of Appeals erred in holding that trial courts lacked the discretion to probate any portion of a sentence imposed for possession of a firearm by a convicted felon. The Supreme Court concluded that the Court of Appeals did err, and therefore reversed its judgment. View "Langley v. Georgia" on Justia Law

Frederick Terrell was convicted by jury of felony murder, aggravated assault, and other crimes related to the shooting death of Tashiba Matthews. On appeal, Terrell argued he was entitled to a new trial based on the inordinate delay of his appeal, the State’s improper comment on his right to remain silent, the denial of his motion to sever, the denial of his motion for mistrial, constitutionally ineffective assistance of counsel, and the prejudicial effect of the combined errors of the trial court and counsel. The Georgia Supreme Court concluded Terrell's aggravated assault conviction should have merged with felony murder for the purposes of sentencing; the Court remanded for the trial court to correct a sentencing error. Otherwise, it affirmed in all other respects. View "Terrell v. Georgia" on Justia Law