Supreme Court of Georgia Decisions 2013
Date: November 25, 2013
Docket Number: S12G1316
Justia Opinion Summary: The Supreme Court granted a writ of certiorari in this case to decide whether the Court of Appeals erred in its determination that the public duty doctrine insulated the City of Doraville from liability arising from the…
Date: November 25, 2013
Docket Number: S13A0855
Justia Opinion Summary: Mary Jane Nelson and other litigants appealed a trial court's order granting summary judgment to the Georgia Sheriffs Youth Homes and other entities in a quiet title action. In their sole contention of error in this…
Date: November 25, 2013
Docket Number: S13A0884
Justia Opinion Summary: Appellant Shabuoy Pitchford was convicted of murder, burglary, armed robbery, and related offenses in connection with the September 2006 shooting death of Rickey Greene. Appellant appealed the denial of his motion for…
Date: November 25, 2013
Docket Number: S13A0899
Justia Opinion Summary: Timothy Parody was granted habeas relief premised on a finding that he received ineffective assistance of trial counsel. The acting warden of Augusta State Medical Prison appealed. Finding that the habeas court's…
Date: November 25, 2013
Docket Number: S13A0908
Justia Opinion Summary: Julian Rigby and other members of the Board of Directors of the Satilla Rural Electric Membership Corporation appealed a trial court's order granting a writ of mandamus to Jerry Boatright, acting individually and…
Date: November 25, 2013
Docket Number: S13A0949
Justia Opinion Summary: Appellant Dennis Allaben was convicted of malice murder, felony murder, aggravated assault with intent to murder, battery, simple battery, and reckless conduct in connection with the strangulation death of his wife,…
Date: November 25, 2013
Docket Number: S13A0967
Justia Opinion Summary: Tommy Tyrone Griffin was convicted of felony murder and conspiracy to commit trafficking in cocaine in connection with a fatal shooting in 2010. Griffin appealed the denial of his motion for new trial, challenged the…
Date: November 25, 2013
Docket Number: S13A0988
Justia Opinion Summary: Appellant Corey Wallace was found guilty of felony murder and other crimes in connection with the shooting death of Willie Merritt. On appeal, he argued that the trial court's charge prevented the jury from properly…
Date: November 25, 2013
Docket Number: S13A1016
Justia Opinion Summary: Appellant Alvando Givens, Sr., was convicted of malice murder for the death of Voncetta Render. On appeal, he challenged the sufficiency of the evidence presented against him at trial, and that the trial court erred in…
Date: November 25, 2013
Docket Number: S13A1073
Justia Opinion Summary: The issue before the Supreme Court in this case was whether the limitation period for a claim of pain and suffering in this wrongful death action could be tolled for fraud under OCGA 9-3-96. The victim, Sparkle Reid and…
Date: November 25, 2013
Docket Number: S13A1148
Justia Opinion Summary: Appellant Lincoln Quantavious Boykins was convicted of murder and other offenses in connection with the June 2008 shooting death of Quinton Denley. On appeal, Boykins challenged the sufficiency of the evidence presented…
Date: November 25, 2013
Docket Number: S13A1217
Justia Opinion Summary: Monica and Martin Strunk were married in 1996 and had three children before divorcing in 2008. Martin sought a downward modification of child support in 2009, which the trial court granted in late 2012. In her direct…
Date: November 25, 2013
Docket Number: S13G0577
Justia Opinion Summary: Deloris Gaulden died in the emergency department of Liberty Regional Medical Center. Her daughter sued Bobby Herrington, M.D., the medical director of the emergency department, alleging that Gaulden could have been…
Date: November 25, 2013
Docket Number: S13Q0981
Justia Opinion Summary: The United States District Court for the Northern District of Georgia certified questions to the Georgia Supreme Court about the constitutionality of OCGA 20-2-73, which enumerates the circumstances for the suspension…
Date: November 18, 2013
Docket Number: S12G1846
Justia Opinion Summary: A jury acquitted Christopher Roesser of malice murder, felony murder, and aggravated assault, but was unable to reach a verdict on the lesser included offense of voluntary manslaughter. When the State sought to retry…
Date: November 18, 2013
Docket Numbers: S12G1905, S12G1911, S12G1912
Justia Opinion Summary: In consolidated cases, Maria Colon and Gwendolyn Warren filed separate lawsuits against their employer, Fulton County, pursuant to Georgia's whistleblower statute, OCGA 45-1-4. Colon and Warren alleged that they were…
Date: November 18, 2013
Docket Number: S12G2002
Justia Opinion Summary: This case concerned one of the exceptions to the Georgia Tort Claims Act known as the "discretionary function" exception. The guardians of two infant boys sued the Department of Human Services (DHS), alleging that the…
Date: November 18, 2013
Docket Number: S12G2030
Justia Opinion Summary: The Supreme Court granted a writ of certiorari to the Court of Appeals in "Greenway v. Northside Hosp., Inc." (730 SE2d 742) (2012)), to determine if the appellate court erred in its evaluation of Deputy Sheriff Terry…
Date: November 18, 2013
Docket Number: S13A0670
Justia Opinion Summary: In 1993, Demarcus Sears was convicted of kidnapping with bodily injury and armed robbery in connection with the death of Gloria Wilbur, who was kidnapped and robbed of her automobile in Georgia, raped in Tennessee, and…
Date: November 18, 2013
Docket Number: S13A0728
Justia Opinion Summary: In May 2009, Hubert H. Johnson made a new will, in which he devised his most substantial asset (a 350-acre pecan farm) to Donna Ellis Burrell. He died a few weeks later, and Donna promptly filed a petition to probate the…
Date: November 18, 2013
Docket Number: S13A0762
Justia Opinion Summary: Lonnie L. Michael died in 2010. He had executed a will in 2002. The original of that will could not be found. Nevertheless, Michael King Fitzgerald, who was named executor in the 2002 will, offered a copy of the will for…
Date: November 18, 2013
Docket Number: S13A0783
Justia Opinion Summary: The Warden sought review of the grant of habeas relief to appellee Ryan Smith. Appellee was convicted of malice murder and sentenced to life in prison in 2002. Appellee subsequently filed a petition for a writ of habeas…
Date: November 18, 2013
Docket Number: S13A0793
Justia Opinion Summary: This case involved the trial court's attempts to compel appellant Ronald Massey to comply with the terms of the parties' 2005 divorce decree and a series of later contempt orders obtained by appellee Angela Massey. In…
Date: November 18, 2013
Docket Number: S13A0961
Justia Opinion Summary: Appellant Darrell Crowder sought review of his convictions for murder and related crimes for the shooting death of his estranged wife Catcilia Crowder. On appeal, he challenged the sufficiency of the evidence presented…
Date: November 18, 2013
Docket Numbers: S13A1084, S13A1085
Justia Opinion Summary: Kia Motors Manufacturing Georgia, Inc. instituted a "Quick Start Program" run in conjunction with the Technical College System of Georgia. Krystal Coleman, Sabrina Robinson Bolston, Tim Durden, and Darrell Strawbridge…
Date: November 18, 2013
Docket Number: S13A1187
Justia Opinion Summary: Appellant Melvin Browder appealed his conviction and sentence for the murder of Eboni Galloway, aggravated assault of two other victims by discharging a firearm from within a motor vehicle toward a person, and possession…
Date: November 18, 2013
Docket Number: S13A1192
Justia Opinion Summary: Appellant Rashad Bester appealed his convictions for malice murder and other crimes relating to the strangulation death of Shawna Webber. He claimed that the trial court erred in denying his claim that his trial counsel…
Date: November 18, 2013
Docket Number: S13A1219
Justia Opinion Summary: Grant Murphy Ensley appealed his convictions and sentences for the malice murder of his father, possession of a firearm during the commission of felonies, and the unlawful handling of an explosive device. Upon review,…
Date: November 18, 2013
Docket Numbers: S13A1295, S13A1296
Justia Opinion Summary: Alex Cowart and John Adams appealed their convictions for felony murder and other crimes related to the armed robbery of Sean Giroir, Michael Levi, John Silcox, and Miles Antle, and the subsequent shootings that killed…
Date: November 18, 2013
Docket Number: S13A1562
Justia Opinion Summary: Appellant Robert Alexander was sentenced to life without parole for the felony murder of two-year-old Diamone Wilson. He appealed his conviction and the denial of his motion for new trial in which he asserted the trial…
Date: November 18, 2013
Docket Number: S13F0735
Justia Opinion Summary: Elisha Franklin and Elijah Franklin were divorced in 2011. Husband was awarded primary custody , and Wife was awarded visitation. Wife was ordered to pay $1,518 per month in child support, and found that the parties had…
Date: November 18, 2013
Docket Number: S13F1599
Justia Opinion Summary: Judy Chatfield Terrell and Dale Terrell were divorced in 2010. Husband was awarded primary physical custody of the parties' minor daughter and Wife was awarded visitation rights. The Supreme Court granted Wife's…
Date: November 14, 2013
Docket Number: S13G0553
Justia Opinion Summary: Thelma Johnson took her 15-year-old son Shaquille to the emergency department at Phoebe Putney Memorial Hospital; a week earlier, Shaquille had undergone arthroscopic knee surgery. Shaquille complained of chest pain; was…
Date: November 4, 2013
Docket Number: S12G1256
Justia Opinion Summary: Stephen and Elizabeth Schultz contracted with Benchmark Builders, Inc. for the construction of a home. The Schultzes refused to close because they claimed the home was not built in conformance with the contract and…
Date: November 4, 2013
Docket Number: S12G1390
Justia Opinion Summary: The remainder beneficiaries of the revocable marital trust created by the wife of Charles Howard Candler III sued Reliance Trust Company, co-trustee of the trust, for breach of trust. They alleged that after the death of…
Date: November 4, 2013
Docket Number: S12G1885
Justia Opinion Summary: This case stemmed from an effort by Mortgage Alliance Corporation (“MAC”) a residential subdivision called "Silverstone." In August 2008, MAC sued the county and various county officials alleging, among other things,…
Date: November 4, 2013
Docket Number: S12G1931
Justia Opinion Summary: The issue on appeal before the Supreme Court was whether the appellate court in "Georgia Dept. of Revenue v. Moore," (730 SE2d 671 (2012)) correctly determined that, once the Georgia Department of Revenue settles a…
Date: November 4, 2013
Docket Number: S12G1935
Justia Opinion Summary: Appellee Steven Wilson is a licensed optometrist, providing eye care services in Lowndes County as Wilson Eye Center (“WEC”). Appellees Cynthia McMurray, Jodie E. Summers, and David Price are also licensed optometrists…
Date: November 4, 2013
Docket Number: S13A0701
Justia Opinion Summary: Appellant David Banks Brett appealed his conviction for the shooting death of Jose Garcia-Castro. In his motion for new trial, appellant alleged his trial counsel rendered ineffective assistance, but the trial court…
Date: November 4, 2013
Docket Number: S13A0937
Justia Opinion Summary: Following a jury trial, Anastasia Jackson was found guilty of felony murder, armed robbery, two counts of aggravated assault with a deadly weapon, criminal attempt to commit armed robbery, conspiracy to commit armed…
Date: November 4, 2013
Docket Number: S13A0954
Justia Opinion Summary: Jarmarvis Dixon appealed his convictions and sentences for malice murder, and other crimes associated with that killing. Dixon moved to exclude evidence of a police interview, contending that it was conducted in…
Date: November 4, 2013
Docket Number: S13A1020
Justia Opinion Summary: Appellant Edward Morris was convicted of murder, aggravated assault, criminal street gang activity, and related offenses in connection with incidents involving two victims in May and June of 2007. Morris appealed his…
Date: November 4, 2013
Docket Number: S13A1170
Justia Opinion Summary: Appellant Jarvis Matthews was found guilty of malice murder and other crimes in connection with the shooting death of Juan Manuel Ramirez. Appellant contended on appeal that the trial court erred by: (1) admitting his…
Date: November 4, 2013
Docket Number: S13A1251
Justia Opinion Summary: Deanna Kipp appealed her convictions and sentences for four counts of felony murder, one count of involuntary manslaughter, two counts of cruelty to children in the first degree, one count of concealing the death of…
Date: November 4, 2013
Docket Number: S13A1288
Justia Opinion Summary: Probate Judge Andrew Bennett denied James Hertz’s application for a license to carry a weapon based on Hertz’s 1994 nolo contendere plea to five felony charges in Florida. Hertz applied for mandamus relief in superior…
Date: October 21, 2013
Docket Number: S12G1287
Justia Opinion Summary: Appellant Douglas Brown was charged with driving under the influence (and other crimes) after he was stopped and arrested by officers at a vehicle checkpoint. Appellant filed a motion to suppress on the ground that the…
Date: October 21, 2013
Docket Number: S12G2003
Justia Opinion Summary: The issue before the Supreme Court in this case concerned the trial court's termination of a family violence permanent protective order (PPO) issued against William Lovell in favor of Lynda Mandt. After a hearing, the…
Date: October 21, 2013
Docket Number: S13A0738
Justia Opinion Summary: Appellant Raymond S. Baker was convicted of malice murder and other crimes in connection with two home invasions. On appeal, he contended that the trial court erred by denying him a thorough and sifting cross-examination…
Date: October 21, 2013
Docket Number: S13A0761
Justia Opinion Summary: In November 1995, Levon Burch entered a guilty plea and was convicted of murder, armed robbery, and aggravated assault. More than 16 years later, he filed a motion for leave to bring an out-of-time appeal from his…
Date: October 21, 2013
Docket Number: S13A0784
Justia Opinion Summary: Appellant James Watson challenged the constitutionality of Georgia's solicitation of sodomy statute (OCGA 16-6-15). Watson, who at the time was an officer with the City of Nashville Police Department, was convicted of…
Date: October 21, 2013
Docket Number: S13A0909
Justia Opinion Summary: Appellant Demicio White was convicted for the shooting death of Derek Hazley. On appeal of his conviction, appellant challenged the sufficiency of the evidence presented against him at trial. After careful consideration…
Date: October 21, 2013
Docket Number: S13A0977
Justia Opinion Summary: James Thomas was tried by jury and convicted of the murder of Shamar Edwards, as well as aggravated assaults of Patrick Edwards, Donald Jumper, Amber McAdory, and Quintisha Page. Thomas appealed, contending that: the…
Date: October 21, 2013
Docket Number: S13A0988
Justia Opinion Summary: Appellant Corey Wallace was found guilty of felony murder and other crimes in connection with the shooting death of Willie Merritt. On appeal, he contended that the trial court's charge prevented the jury from properly…
Date: October 21, 2013
Docket Number: S13A0996
Justia Opinion Summary: Paulo Ross was arrested in December 2004 and indicted in March 2011 for murder in connection with the 2002 shooting death of Quassim Rahman. Ross unsuccessfully moved to dismiss the indictment on the grounds that his…
Date: October 21, 2013
Docket Number: S13A1036
Justia Opinion Summary: Appellant Jessie Ben Mathis was convicted of felony murder, armed robbery, aggravated assault and possession of a weapon during the commission of a crime in connection with the shooting death of Souphoth Thammavongsa.…
Date: October 21, 2013
Docket Number: S13A1051
Justia Opinion Summary: Chaunson McKibbins was tried by jury and convicted of murder, kidnapping with bodily injury, and concealing the death of another. He appealed, contending that the evidence was insufficient to sustain his…
Date: October 21, 2013
Docket Number: S13A1095
Justia Opinion Summary: David Bates was convicted of malice murder and other crimes in connection with the stabbing death of his next-door neighbor. On appeal, he contended that the evidence was insufficient to support his convictions. Because…
Date: October 21, 2013
Docket Number: S13A1105
Justia Opinion Summary: At issue in this case was the constitutionality of an ordinance adopted by the City of Dunwoody that imposed an occupational tax on attorneys who maintained an office and practice law in the city. Appellants argued the…
Date: October 21, 2013
Docket Number: S13A1134
Justia Opinion Summary: Following a jury trial, Corey Blaine Coggins was found guilty of malice murder and felony murder in connection with the stabbing death of Daniel Smith. On appeal Coggins contended, among other things, that the evidence…
Date: October 21, 2013
Docket Number: S13A1165
Justia Opinion Summary: Gregory Crook (Father) and Janet Crook (Mother) were divorced in 2011. The final judgment and decree of divorce, which expressly incorporated the parties' settlement agreement, awarded the parties joint legal custody of…
Date: October 21, 2013
Docket Number: S13A1292
Justia Opinion Summary: Karim Ziyad and Fatima El-Amin were divorced in 2009, and Ziyad was awarded a certain residential property. To hold El-Amin harmless from the indebtedness on that property, Ziyad was ordered to refinance the debt in his…
Date: October 21, 2013
Docket Number: S13A1294
Justia Opinion Summary: A Brooks County grand jury indicted Willie Phelps, Kenneth Brinson and Kenneth Williams, for felony murder, aggravated assault, and possession of a firearm during the commission of a felony. Each defendant was indicted…
Date: October 21, 2013
Docket Number: S13A1298
Justia Opinion Summary: Appellant Gregory Johnson was convicted after a jury trial for the malice murder of Carol Kaye Lewis and for other related crimes. He appealed his convictions and the trial court's denial of his motion for new trial in…
Date: October 21, 2013
Docket Number: S13A1391
Justia Opinion Summary: Appellant Ellery was convicted of felony murder, aggravated assault, and possession of a firearm during the commission of a crime. He appealed, contending the evidence was insufficient to support the verdict. Finding no…
Date: October 21, 2013
Docket Number: S13G0178
Justia Opinion Summary: Appellant James Williams was charged with driving under the influence and violation of the open alcohol container law after he was stopped and arrested by officers at a vehicle checkpoint. Appellant filed a motion to…
Date: October 21, 2013
Docket Numbers: S13Y0219, S13Y0220, S13Y0221
Date: October 21, 2013
Docket Numbers: S13Y1871, S13Y1872, S13Y1873
Date: October 7, 2013
Docket Number: S12G1915
Justia Opinion Summary: Stacy Rutter surreptitiously installed several video surveillance devices in the marital home. Prior to divorce proceedings, Stacy's husband, Charles, moved to exclude any video recordings derived from the use of the…
Date: October 7, 2013
Docket Number: S12G1935
Justia Opinion Summary: Spectera is a vision care insurer that provides eye care benefits coverage to Georgia residents. Appellee Steven M. Wilson is a licensed optometrist who provides eye care services in Lowndes County as Wilson Eye Center…
Date: October 7, 2013
Docket Number: S12G1964
Justia Opinion Summary: The Supreme Court granted certiorari in this case to determine whether Georgia's expert witness statute permits a physician in a medical malpractice action to testify as to the standard of care applicable to a nurse…
Date: October 7, 2013
Docket Number: S12G2011
Justia Opinion Summary: In a foreclosure action, the trial court granted partial summary judgment to bankruptcy trustee J. Coleman Tidwell against National City Mortgage Company. Addressing its jurisdiction sua sponte, the Court of Appeals…
Date: October 7, 2013
Docket Number: S13A0679
Justia Opinion Summary: Joseph Andrews was found guilty by jury of malice murder and felony murder in connection with the shooting death of Cornelius Lowe. On appeal he contended that his trial counsel was ineffective, that the trial court…
Date: October 7, 2013
Docket Number: S13A0700
Justia Opinion Summary: While still a minor, appellant Marcus More was indicted on two counts of malice murder and other crimes relating to two fatal shootings. The State gave appellant notice of its intent to seek the death penalty and of the…
Date: October 7, 2013
Docket Number: S13A0861
Justia Opinion Summary: Appellant Macques Antonio Walker was found guilty of the felony murder, two counts of homicide by vehicle, one based on reckless driving and one based on the failure to stop and render aid to after being involved in an…
Date: October 7, 2013
Docket Number: S13A0897
Justia Opinion Summary: Derrick Bell pled guilty to malice murder and other crimes in connection with the shooting death of Dominic King. Bell filed a motion to withdraw his guilty plea and later filed a motion to vacate void sentence. The…
Date: October 7, 2013
Docket Number: S13A0953
Justia Opinion Summary: Appellant Charles Williamson (Father) and appellee Susan Williamson (Mother) were divorced in March 2009. Father filed a petition to modify child custody, visitation, and child support. After a bench trial, the court…
Date: October 7, 2013
Docket Number: S13A0989
Justia Opinion Summary: In consolidated cases, the Superior Court granted partial summary judgment to Joan Hasty Castleberry and denied summary judgment to her brother William Hasty, Jr., with respect to Joan's claims against her brother for…
Date: October 7, 2013
Docket Number: S13A0992
Justia Opinion Summary: The issue before the Supreme Court in this case centered on the constitutionality of the Local Option Sales Tax Act ("LOST"), OCGA 48-8-80 et seq., or a provision of it. This case represented the fourth time the matter…
Date: October 7, 2013
Docket Number: S13A1004
Justia Opinion Summary: Tony Williams appealed his convictions and sentences for malice murder, armed robbery, burglary, possession of a firearm during the commission of a felony, tampering with evidence, and possession of a firearm by a first…
Date: October 7, 2013
Docket Number: S13A1017
Justia Opinion Summary: After being found guilty of murder, felony murder and several other crimes, Willie Bryant appealed his convictions, arguing his trial counsel was ineffective because counsel failed to obtain a DNA expert to counter the…
Date: October 7, 2013
Docket Number: S13A1173
Justia Opinion Summary: A jury found Christopher Phillips guilty of malice murder, two counts of felony murder, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a first offender…
Date: October 7, 2013
Docket Number: S13A1217
Justia Opinion Summary: Monica and Martin Strunk were married in 1996 and had three children before divorcing in 2008. The husband sought a downward modification of child support in 2009, which the trial court granted. The wife challenged five…
Date: October 7, 2013
Docket Number: S13A1231
Justia Opinion Summary: Appellant Emory Teasley and his brothers Christopher ("Chris") and Tyrone were indicted and tried together and found guilty of malice murder, felony murder, and the aggravated assault of James Riden; the aggravated…
Date: October 7, 2013
Docket Number: S13A1233
Justia Opinion Summary: Appellant Jonathan Redding was convicted of felony murder, participation in criminal street gang activity, and other crimes arising from a series of gang-related armed robberies. On appeal, he contended the trial court…
Date: October 7, 2013
Docket Number: S13A1259
Justia Opinion Summary: The Supreme Court granted Patrick Sullivan's certificate of probable cause to appeal the denial of his petition for habeas corpus. Because the Court agreed with Sullivan that his appellate counsel's performance was…
Date: October 7, 2013
Docket Numbers: S13Y1850, S13Y1855, S13Y1856, S13Y1859, S13Y1861
Date: September 23, 2013
Docket Number: S12G2031
Justia Opinion Summary: Plaintiff William Zeagler was employed by the defendant Norfolk Southern Railway Company when he was injured on the job: the train on which he was working collided with a logging truck at a grade crossing. He sued…
Date: September 23, 2013
Docket Number: S13A0757
Justia Opinion Summary: Following a jury trial, Darian Scandrett appealed his conviction for malice murder, felony murder, aggravated assault, possession of a firearm by a convicted felon, and possession of a firearm during the commission of a…
Date: September 23, 2013
Docket Number: S13A0770
Justia Opinion Summary: Appellant Andrew Solomon was convicted of murder and other crimes in connection with the shooting death of Levy Daniel. The only issue that Appellant raised on appeal was procedurally defaulted, and therefore the Supreme…
Date: September 23, 2013
Docket Number: S13A0830
Justia Opinion Summary: Raymon Napoleon Walton was tried by jury and convicted of murder, kidnapping with bodily injury, and theft by taking, all in connection with the death of Alkenyatta Wilson. He appealed, contending that the State failed…
Date: September 23, 2013
Docket Number: S13A0891
Justia Opinion Summary: Loviet Edwards was tried by jury and convicted of two murders in connection with the killings of Tykiah Palmer and her unnamed baby, among other crimes. Edwards appealed, arguing the trial court erred when it admitted a…
Date: September 23, 2013
Docket Numbers: S13A0911, S13A0912
Justia Opinion Summary: By the terms of the original decree of divorce, James and Julie Taylor were to share joint legal custody of their two children. James was to have primary physical custody of the children, and Julie was to pay a certain…
Date: September 23, 2013
Docket Number: S13A0964
Justia Opinion Summary: Appellant Darius Jordan was convicted of felony murder, armed robbery, and other crimes stemming from the shooting death of James Yarbrough. He appealed, arguing the trial court erred in denying his motion for a new…
Date: September 23, 2013
Docket Number: S13A0969
Justia Opinion Summary: Appellant Valerie Carey pled guilty, under a negotiated plea agreement, to all counts in a 13-count indictment that charged her and her husband with malice murder and other crimes in connection with the death of their…
Date: September 23, 2013
Docket Number: S13A0979
Justia Opinion Summary: Following the denial of his motion for new trial, Jerome Allen appealed his convictions and sentences for malice murder and possession of a firearm during the commission of a felony. His sole challenge was that his trial…
Date: September 23, 2013
Docket Number: S13A0987
Justia Opinion Summary: The Atlanta Independent School System (APS) and the Atlanta Board of Education deducted a $38.6 million unfunded pension liability expense before calculating the amount of local revenue funds to be distributed to…
Date: September 23, 2013
Docket Number: S13A1107
Justia Opinion Summary: Following a jury trial, Rayshawn White appealed his convictions for murder, felony murder, and possession of a firearm during the commission of a felony, contending that the evidence was insufficient to support the…
Date: September 23, 2013
Docket Number: S13A1132
Justia Opinion Summary: Antwain Miller appealed his convictions and sentences for malice murder, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon stemming from the fatal shooting of…
Date: September 23, 2013
Docket Number: S13A1169
Justia Opinion Summary: Appellant Floydzell Michael Johnson appealed his conviction and sentence for felony murder and possession of a firearm by a convicted felon stemming from the shooting death of J. B. Melton, IV. On appeal, he argued,…
Date: September 23, 2013
Docket Number: S13A1213
Justia Opinion Summary: The State appealed the trial court's grant of a motion for new trial on the ground that the evidence was legally insufficient for the jury to convict appellee Marcus Jackson of murder and related charges for the death of…
Date: September 23, 2013
Docket Number: S13A1224
Justia Opinion Summary: Appellant Beth Ann Muse was tried by jury and convicted of murder and the unlawful possession of a firearm during the commission of a felony, both stemming from the fatal shooting of her husband, Mark. At trial,…
Date: September 23, 2013
Docket Number: S13A1291
Justia Opinion Summary: John Huscusson died leaving three adult daughters as heirs of his estate: Tina Banner, Deborah Vandeford and Karen Nee. In his will, Huscusson specifically revoked his previous will, which had been executed in 2006 and…
Date: September 23, 2013
Docket Number: S13G0311
Justia Opinion Summary: The issue before the Supreme Court in this called for the Court to decide the correct approach for determining whether a new sentence, imposed after the defendant's initial sentence has been vacated, constitutes a…
Date: September 23, 2013
Docket Numbers: S13Y1239, S13Y1241, S13Y1243, S13Y1245, S13Y1246, S13Y1247
Date: September 9, 2013
Citation: 293 Ga. 493
Docket Number: S12G1305
Justia Opinion Summary: A grand jury returned an indictment against appellee Dwight Brown. Appellee filed a motion in abatement alleging the indictment was not returned in open court. After a hearing on the motion, the trial court agreed with…
Date: September 9, 2013
Citation: 293 Ga. 499
Docket Numbers: S12G1393, S12G1417
Justia Opinion Summary: The Supreme Court granted certiorari to the Court of Appeals in these cases involving assignment of tort liability to entities who were not parties to the suit. Upon review, the Court found that the Court of Appeals…
Date: September 9, 2013
Citation: 293 Ga. 504
Docket Number: S12G1470
Justia Opinion Summary: The Georgia Insurance Insolvency Pool (GIIP) brought a declaratory judgment action against two insureds who purchased workers compensation insurance from the Southern United States Insurance Company (SEUS) before SEUS…
Date: September 9, 2013
Docket Number: S13A0687
Justia Opinion Summary: In the first appeal of defendant Calvin Moore's conviction for malice murder, the Supreme Court concluded that the evidence was sufficient to support the conviction, but vacated the trial court's judgment and remanded…
Date: September 9, 2013
Docket Number: S13A0703
Justia Opinion Summary: Following a jury trial, Walter Bell was found guilty of first degree vehicular homicide, reckless driving, hit and run, and tampering with evidence in connection with the death of Jenny McMillan-Gutierrez. On appeal he…
Date: September 9, 2013
Citation: 293 Ga. 508
Docket Number: S13A0723
Justia Opinion Summary: Appellant Ronnie Lee Wilson was convicted of felony murder and related crimes in connection with the July 2010 shooting death of Reginald Williams. Appellant appealed the denial of his motion for new trial, asserting…
Date: September 9, 2013
Citation: 293 Ga. 511
Docket Number: S13A0741
Justia Opinion Summary: Following the denial of her motion for new trial, Chanell Pitts appealed her convictions and misdemeanor sentences for 2011 violations of OCGA 20-2-690.1(the "mandatory education statute"). Her sole challenge was to the…
Date: September 9, 2013
Citation: 293 Ga. 518
Docket Number: S13A0745
Justia Opinion Summary: Appellant Benjamin Brown was convicted of felony murder, aggravated assault and possession of a knife during the commission of a felony in connection with the stabbing death of Ron Williams. Appellant’s motion for new…
Date: September 9, 2013
Docket Number: S13A0758
Justia Opinion Summary: Amin Dennis was convicted by jury of malice murder, kidnapping with bodily injury, and other crimes in connection with the deaths of Jerry Lee Lawrence and Harold Reese, Jr. On appeal, Dennis contended that he did not…
Date: September 9, 2013
Citation: 293 Ga. 520
Docket Number: S13A0780
Justia Opinion Summary: Trip Network, Inc. and several other online travel companies appealed a superior court judgment dismissing their petition for a writ of mandamus. The companies were defendants in a civil suit filed by the City of…
Date: September 9, 2013
Citation: 293 Ga. 523
Docket Number: S13A0794
Justia Opinion Summary: Adrian White was tried by jury and convicted of murder and other crimes related to the shooting death of Anthony Jones. He appealed the denial of his motion for a new trial, contending, among other things, that the trial…
Date: September 9, 2013
Citation: 293 Ga. 526
Docket Number: S13A0882
Justia Opinion Summary: Gregory Russell was tried and convicted for felony murder and possessing a firearm during the commission of a crime in connection with the shooting death of his wife. He challenged the sufficiency of the evidence and the…
Date: September 9, 2013
Citation: 293 Ga. 530
Docket Number: S13A0901
Justia Opinion Summary: Following a jury trial, Randy Johnson, Jr., appealed his convictions for malice murder, felony murder, aggravated assault, and armed robbery, contending that the evidence was insufficient to support the verdict and that…
Date: September 9, 2013
Citation: 293 Ga. 533
Docket Number: S13A0902
Justia Opinion Summary: William Valentine, Jr. was tried by jury and convicted of murder and kidnapping. His motion for a new trial was denied, and he appealed, contending that the trial court did not give his trial attorney enough time to…
Date: September 9, 2013
Citation: 293 Ga. 538
Docket Number: S13A0907
Justia Opinion Summary: The Supreme Court granted interlocutory appeal by caveators to determine the validity of the self-proving affidavit attached to the testator's will. The Court found that the affidavit did not substantially comply with…
Date: September 9, 2013
Citation: 293 Ga. 540
Docket Number: S13A0910
Justia Opinion Summary: George and Catherine Dickens appealed the City of Statesboro's Zoning Board of Appeals denial of their application to construct a 2,160-square-foot detached garage on their property. The Dickenses then filed a petition…
Date: September 9, 2013
Citation: 293 Ga. 544
Docket Number: S13A0920
Justia Opinion Summary: Prisoner Viondi Lewis filed a pro se appeal of the denial of his motion for an out-of-time appeal. Lewis was indicted and charged along with three others of having committed two counts of malice murder, two counts of…
Date: September 9, 2013
Docket Number: S13A1002
Justia Opinion Summary: Anthony Threatt was tried by jury and convicted of felony murder in the commission of an armed robbery, unlawful possession of a firearm by a convicted felon, and unlawful possession of a firearm during the commission of…
Date: September 9, 2013
Docket Number: S13A1074
Justia Opinion Summary: Babies Right Start, Inc. ("BRS") appealed a trial court's order denying its claims for mandamus, injunctive, and declaratory relief against BRS's one-year administrative disqualification from participation in a federal…
Date: September 9, 2013
Docket Number: S13A1211
Justia Opinion Summary: Gregory Grimes was tried by jury and convicted of the murder of Bobby Greer. He appealed, contending that the evidence was legally insufficient to sustain his conviction, that he should have been convicted instead of…
Date: September 9, 2013
Docket Number: S13F0682
Justia Opinion Summary: Joel Smith (husband) and Pamela Smith (wife) were divorced by entry of a final judgment and divorce decree. Husband subsequently was found in wilful contempt for failing to pay for health insurance for wife, failing to…
Date: September 9, 2013
Docket Number: S13F0715
Justia Opinion Summary: After a jury trial, the trial court entered a final judgment and decree of divorce for the parties. The jury found that Husband's gross monthly income was $10,833.00 and found that Wife's gross monthly income was zero.…
Date: September 9, 2013
Docket Number: S13G0198
Justia Opinion Summary: Jerry von Thomas was convicted of a felony and sentenced to a term of imprisonment. Because he previously had been convicted of three other felonies, he was sentenced as a recidivist. Years later, von Thomas moved the…
Date: July 12, 2013
Docket Number: S13Q0462
Justia Opinion Summary: In a commercial general liability policy (GCL) coverage case, the United States Court of Appeals for the Eleventh Circuit certified two questions to the Georgia Supreme Court: (1) whether, for an "occurrence" to exist…
Date: July 11, 2013
Docket Number: S12G0548
Justia Opinion Summary: Appellant Steven George Stratacos challenged four of his convictions for felony theft by deception based on his deceitful promises to perform various construction services. He claimed that the evidence presented at trial…
Date: July 11, 2013
Docket Number: S12G0552
Justia Opinion Summary: The issue before the Supreme Court in this case centered on whether physicians employed as faculty members at the Medical College of Georgia ("MCG") were entitled to official immunity in treating a patient at MCG's…
Date: July 11, 2013
Docket Number: S12G1124
Justia Opinion Summary: Mark Hipp was arrested after he pulled a knife during a fight in a bar. Following his indictment for aggravated assault and simple battery, he filed a pretrial motion to dismiss based on immunity from prosecution, which…
Date: July 11, 2013
Docket Number: S12G1924
Justia Opinion Summary: Appellant St. Simon's Waterfront, LLC ("SSW") sued its former law firm, Appellee Hunter, Maclean, Exley & Dunn, P.C. ("Hunter Maclean"), over the firm's representation in a commercial real estate venture. During the…
Date: July 11, 2013
Docket Number: S13A0006
Justia Opinion Summary: Appellant William Nazario pled guilty to 17 of 26-counts of an indictment charging him with numerous crimes related to the beating and stabbing death of his girlfriend and the mistreatment of her three daughters. Despite…
Date: July 11, 2013
Docket Number: S13A0060
Justia Opinion Summary: The Stephens County Board of Commissioners decided to abandon a 3,000-foot-long, dead-end county road that ran along the side of a mountain and served no existing homes or businesses. Owners of some undeveloped lots on…
Date: July 11, 2013
Docket Numbers: S13A0083, S13A0084
Justia Opinion Summary: Brothers-defendants Gerardo and Eduardo Sifuentes were jointly indicted, tried, and convicted of malice murder and related offenses in connection with a shooting that killed one person and injured two others. Both moved…
Date: July 11, 2013
Docket Number: S13A0218
Justia Opinion Summary: Barbara Ann Odom appealed a judgment that sustained a caveat to a will, entered after a jury found that the propounded will was invalid due to lack of testamentary capacity, undue influence, fraud, or monomania. Finding…
Date: July 1, 2013
Docket Number: S12G1477
Justia Opinion Summary: Appellant Todd McNair was charged and convicted by jury of identity fraud for the theft and use of the victim's credit card. Prior to being sentenced, appellant argued that the rule of lenity should be applied such that…
Date: July 1, 2013
Docket Number: S12G1927
Justia Opinion Summary: Weston Cronkite was prosecuted for DUI and filed a motion under the Uniform Act to Secure the Attendance of Witnesses from Without the State to obtain, through the testimony of an out-of-state witness, the source code…
Date: July 1, 2013
Docket Number: S13A0042
Justia Opinion Summary: Following a jury trial, Appellant Timothy Boothe was found guilty of malice murder and other offenses in connection with the death of Geneva Strickland. Appellant contends on appeal (among other things) that the trial…
Date: July 1, 2013
Docket Number: S13A0073
Justia Opinion Summary: The Georgia Supreme Court granted discretionary review in this case between Appellant and Georgia resident JoBeth Parker, and her then-husband, Appellee nonresident James Timothy Parker. After conducting an evidentiary…
Date: July 1, 2013
Docket Number: S13A0117
Justia Opinion Summary: Appellant Alstep, Inc. obtained a multimillion dollar loan from Appellee State Bank and Trust Company (SB&T) for the purchase of a sandwich shop, gas station and liquor store. Alstep fell behind on loan payments, and the…
Date: July 1, 2013
Docket Number: S13A0132
Justia Opinion Summary: Appellee Johnnie Worsley was tried by jury and convicted of the rape and murder of his seventeen-year-old stepdaughter, Yameika Bell, and the murder of his wife, Flora Worsley. For each murder, Appellee was sentenced to…
Date: July 1, 2013
Docket Number: S13A0186
Justia Opinion Summary: DHS, on behalf of the minor child of Johnny Wright (father), filed a complaint against him, asking the superior court to order Father to pay child support and maintain accident and health insurance, and enforce the order…
Date: July 1, 2013
Docket Number: S13A0301
Justia Opinion Summary: David Robert Norton appealed his convictions and sentences for malice murder, arson, criminal attempt to commit the crime of concealing the death of another, possession of a firearm by a first offender probationer, and…
Date: July 1, 2013
Docket Number: S13A0366
Justia Opinion Summary: Jehrod Romer appealed his murder and firearm possession convictions in connection with the shooting death of 16-year-old Quantavia Hill. Appellant contended that the evidence was insufficient to support his convictions,…
Date: July 1, 2013
Docket Number: S13A0596
Justia Opinion Summary: Following a jury trial, Gabriel Evans was found guilty of kidnapping with bodily injury, kidnapping, aggravated assault, and possession of a firearm by a convicted felon in connection with the beating of Aretha Perkins.…
Date: July 1, 2013
Docket Number: S13F0340
Justia Opinion Summary: Wife filed for divorce in February 2010, and following a bench trial, the parties were divorced pursuant to a 2011 Final Order. The trial court reserved the issue of attorney fees at that time, but eventually denied…
Date: June 17, 2013
Docket Number: S12G1110
Justia Opinion Summary: Stephen Jenkins brought a tort action against Wells Fargo Bank, N.A. alleging that a Bank teller had improperly accessed Jenkins’s confidential information and given it to her husband, allowing the husband to steal…
Date: June 17, 2013
Docket Number: S12G1292
Justia Opinion Summary: The issue before the Supreme Court in this case centered on whether the Court of Appeals erred by reversing a trial court's suppression of evidence order relating to defendant's refusal to submit to chemical testing. The…
Date: June 17, 2013
Docket Number: S13A0067
Justia Opinion Summary: Appellants John Sherman and Christopher D. Eichler appealed a trial court’s judgment confirming and validating a bond issuance by the City of Atlanta. At the bond validation hearing, the City successfully disputed…
Date: June 17, 2013
Docket Number: S13A0119
Justia Opinion Summary: Appellants Lisa Norton and Beth Simmons filed a caveat to their father Charles Norton's will, claiming undue influence. The caveat was rejected, and the Supreme Court affirmed. Appellants then filed a declaratory…
Date: June 17, 2013
Docket Number: S13A0129
Justia Opinion Summary: Charles Bulloch was convicted for the murder of Paul McKeen, Jr. On appeal of that conviction, Bulloch argued that the trial court erred in admitting certain testimony, and in denying his motion for a new trial on the…
Date: June 17, 2013
Docket Number: S13A0188
Justia Opinion Summary: Appellant gynecologist Tyrone Malloy was indicted (along with his office manager) on two counts of Medicaid fraud because the services he billed to the program were either "associated with the performance of elective…
Date: June 17, 2013
Docket Number: S13A0201
Justia Opinion Summary: Michael Nance was convicted of malice murder, felony murder, aggravated assault, theft by taking, criminal attempt to commit armed robbery and possession of a firearm during the commission of a felony in 1997. Nance…
Date: June 17, 2013
Docket Number: S13A0273
Justia Opinion Summary: Joseph Brunson was convicted of felony murder in connection with the shooting death of Derek Milton. The trial court instructed the jury on "accident" and "voluntary manslaughter," but refused an instruction on…
Date: June 17, 2013
Docket Number: S13A0369
Justia Opinion Summary: Derrick Holmes appealed his convictions and sentences for the malice murder of Nakisha Rawls, possession of a firearm during the commission of a felony, and for violating the state Racketeer Influenced and Corrupt…
Date: June 17, 2013
Docket Number: S13A0478
Justia Opinion Summary: Willie Coe was convicted for malice murder, possession of a firearm during the commission of a felony, and possession of a firearm as a convicted felon. He challenged the sufficiency of the evidence presented against him…
Date: June 17, 2013
Docket Number: S13A0504
Justia Opinion Summary: Antoine Wimes was convicted of felony murder and possession of a firearm during the commission of a crime in relation to the shooting death of Obiakor Onyemaechi. He contended on appeal that the State failed to disclosed…
Date: June 17, 2013
Docket Number: S13A0572
Justia Opinion Summary: Appellant Vernon Ryans and Sandy Washington, Jeremy Williams and Andre Madison were all indicted for malice murder, felony murder and possession of a firearm during the commission of a crime in connection with the…
Date: June 17, 2013
Docket Number: S13A0611
Justia Opinion Summary: Appellant Craig Armstead was convicted of murder and related offenses for the stabbing death of a co-worker, Kerri Harris. Appellant's defense at trial was that he was guilty by reason of insanity because he was…
Date: June 17, 2013
Docket Number: S13A0776
Justia Opinion Summary: Appellant Ninja Wheeler was convicted of murder, armed robbery, and other crimes related to the shooting death of Steven Green. The trial court denied his motion for a new trial, and he appealed, arguing the evidence…
Date: June 17, 2013
Docket Number: S13A0827
Justia Opinion Summary: Benjamin and Molly Riddell were divorced in 2007. In 2009, Benjamin was granted a modification of his child support obligation. He became delinquent in his support payments. Molly moved to have Benjamin held in contempt…
Date: June 17, 2013
Docket Number: S13A0860
Justia Opinion Summary: Appellant Joseph Barnes was found guilty of malice murder in 1993. His conviction was affirmed but his death sentence vacated based on a finding that the trial court improperly restricted the scope of mitigating evidence…
Date: June 17, 2013
Docket Number: S13F0408
Justia Opinion Summary: Marlene and Michael Zekser divorced in 2011. Marlene appealed the final divorce decree, arguing that the division of the marital assets and debts was inequitable. Finding no error in the division, the Supreme Court…
Date: June 17, 2013
Docket Number: S13P0210
Justia Opinion Summary: David Edenfield was convicted by a jury for murder and several other crimes for his role in the brutal sexual assault and death of six-year-old Christopher Barrios. Edenfield received the death penalty. He unsuccessfully…
Date: June 17, 2013
Docket Number: S13Q0212
Justia Opinion Summary: The United States District Court for the Northern District of Georgia certified two questions to the Georgia Supreme Court. The questions related to the Automobile Insurance Company of Hartford Connecticut's umbrella…
Date: June 3, 2013
Docket Number: S12G1565
Justia Opinion Summary: In October 2009, a Catoosa County Sheriff's deputy pretending to be a 14-year-old girl named "Tiffany" posted a listing on an internet website indicating she was looking for something fun to do over an upcoming holiday…
Date: June 3, 2013
Citation: 293 Ga. 89
Docket Number: S13A0026
Justia Opinion Summary: Appellant Shinderen Durden appealed his convictions for malice murder and other crimes relating to the shooting death of Shannon King. Appellant contended that the evidence was insufficient to support his convictions.…
Date: June 3, 2013
Citation: 293 Ga. 99
Docket Numbers: S13A0145, S13A0144
Justia Opinion Summary: After a joint trial, appellants Curtis Billings and Matthew Ross (also known as Matthew Wells) were convicted of murder and other crimes related to the shooting death of Joseph Gunn. Appellants contended that the…
Date: June 3, 2013
Citation: 293 Ga. 107
Docket Number: S13A0203
Justia Opinion Summary: The trial court in this case ruled that there was no conflict between the 2010 amendment to OCGA 48-5-2 (3) and a 1981 local constitutional amendment providing for the assessment of homestead property in Muscogee County…
Date: June 3, 2013
Docket Numbers: S13A0225, S13A0226
Justia Opinion Summary: Appellants Atu Lewis and Jacque Dominique Clark were convicted of murder and related crimes stemming from a home invasion. Lewis was sentenced to life in prison without parole for malice murder and a term of years for…
Date: June 3, 2013
Docket Number: S13A0333
Justia Opinion Summary: The issue on appeal in this case involved the use of local school taxes for general redevelopment purposes following the Supreme Court's February 2008 decision interpreting the Georgia Constitution's Educational Purpose…
Date: June 3, 2013
Docket Number: S13A0402
Justia Opinion Summary: Stephen LaBrellie Rucker appealed his conviction for the aggravated assault and felony murder of Jeremy Kidd. Rucker asserted the trial court erred in failing to grant his motion for mistrial on the ground that the…
Date: June 3, 2013
Docket Number: S13A0409
Justia Opinion Summary: Joseph Norman Vanstavern appealed the denial of his motion for new trial and his convictions and sentences for malice murder and possession of a firearm or knife during the commission of a crime in connection with the…
Date: June 3, 2013
Docket Number: S13A0474
Justia Opinion Summary: Appellant Joseph Hoehn was convicted of malice murder and possession of a firearm during the commission of a crime relating to the shooting death of Robert Congleton. He appealed, arguing that the trial court erred in…
Date: June 3, 2013
Docket Number: S13A0475
Justia Opinion Summary: Appellant Monty Simpson was convicted of malice murder and sentenced to life in prison for the strangulation death of his girlfriend Beverly Jean Williams. Appellant contended on appeal that the circumstantial evidence…
Date: June 3, 2013
Docket Number: S13A0480
Justia Opinion Summary: Appellant Ronnie Faircloth was convicted of murder and other offenses in connection with the September 2007 shooting death of his wife. Faircloth appealed the denial of his motion for new trial, asserting the trial court…
Date: June 3, 2013
Docket Number: S13A0517
Justia Opinion Summary: Appellant Dana Meade and Appellee Tim Williamson were the candidates on the ballot in a run-off election in the Democratic primary for Sheriff of Baker County. Meade was the incumbent in the race and was, at the time of…
Date: June 3, 2013
Docket Number: S13A0542
Justia Opinion Summary: Following a jury trial, Howard Holloman, Jr., appealed his conviction for malice murder, felony murder, aggravated battery, aggravated assault, and cruelty to children, contending that the trial court gave the jury an…
Date: May 20, 2013
Docket Number: S12G1317
Justia Opinion Summary: Following the fracture of an underground gas pipeline owned and operated by Atmos Energy Corporation, a subsequent fire and explosion damaged a building owned by Woodcraft by Macdonald, Inc. d/b/a Coachcraft.…
Date: May 20, 2013
Docket Number: S12G1629
Justia Opinion Summary: Following the death of his wife, appellee James Jordan initiated this medical malpractice action against appellants Wellstar Health System, Inc. and Dr. James Sutherland (collectively "Wellstar"). As part of its…
Date: May 20, 2013
Docket Number: S12G1842
Justia Opinion Summary: Woodard & Curran, Inc. ("W&C") sued the City of Baldwin seeking damages on claims of breach of contract and quantum meruit. After a trial, a jury awarded W&C $203,000 in a general verdict that did not specify the basis…
Date: May 20, 2013
Docket Number: S13A0041
Justia Opinion Summary: In 2010, appellant Calvin Sessions unsuccessfully sought an out-of-time appeal on appellant's petition for the writ of habeas corpus. Upon considering the evidence presented at the hearing, the underlying trial record,…
Date: May 20, 2013
Docket Number: S13A0068
Justia Opinion Summary: Jamall Mathis appealed his convictions and sentences for felony murder, aggravated battery, cruelty to a child, and battery, all in connection with the death of his infant son, Ja'Mari Myckahi Jones. Mathis asserted that…
Date: May 20, 2013
Docket Number: S13A0070
Justia Opinion Summary: This appeal arose from appellee Bank of America, N.A.'s attempts to enforce the terms of the promissory note and deed to secure debt executed in its favor by appellant Johnta M. Austin ("Borrower"). The Bank sued to…
Date: May 20, 2013
Docket Number: S13A0161
Justia Opinion Summary: Defendant Charles Baugh was tried and convicted by a jury for felony murder, aggravated assault, attempt to commit armed robbery, possession of a firearm during the commission of a felony, and cruelty to children. He…
Date: May 20, 2013
Docket Number: S13A0443
Justia Opinion Summary: Derrick Brock was convicted of the murder of James Lockett, who died from injuries sustained in a fire at his rooming house. On appeal, Brock contended that he was denied his Sixth Amendment right to a speedy trial and…
Date: May 20, 2013
Docket Number: S13A0487
Justia Opinion Summary: Following a jury trial, Brandon Donnell Lake was found guilty of felony murder and aggravated assault in connection with the shooting death of Jermaine Scurry. On appeal, Lake contended, among other things, that the…
Date: May 20, 2013
Docket Number: S13A0494
Justia Opinion Summary: Helen and Andreas Eversbusch married in June 1985. After marital problems arose in 2001, the couple engaged in counseling and other efforts in an apparent attempt to save their marriage. In January 2002, Helen prepared a…
Date: May 20, 2013
Docket Number: S13F0339
Justia Opinion Summary: Appellant Troy Lee and appellee Vanessa Vickers Arthur were married in April 1995 and are the parents of two minor boys. Husband filed for divorce in October 2010, with Wife filing a counterclaim for divorce shortly…
Date: May 20, 2013
Docket Number: S13Q0040
Justia Opinion Summary: The United States District Court for the Northern District of Georgia certified three questions regarding the operation of the State's law governing non-judicial foreclosure to the Georgia Supreme Court. After careful…
Date: May 6, 2013
Docket Number: S13A0012
Justia Opinion Summary: Michael Holton appealed the grant of an interlocutory injunction prohibiting him from working in an executive capacity for a particular competitor of his former employer for one year. He also challenged the trial court's…
Date: May 6, 2013
Docket Number: S13A0061
Justia Opinion Summary: Anthony Jabbar Shaw was tried by jury and convicted of the murder of Baron Harbin. Following the denial of his motion for new trial, Shaw appealed, contending that the evidence was insufficient to sustain his conviction,…
Date: May 6, 2013
Docket Numbers: S13A0079, S13A0080, S13X0081
Justia Opinion Summary: This appeal ultimately concerned the constitutionality of OCGA 32-6-75.3. Although the Supreme Court originally found that a prior version of the statute violated the gratuities clause of the state constitution, the…
Date: May 6, 2013
Docket Number: S13A0238
Justia Opinion Summary: Carl and Nekissta Williams were divorced in June 2009. The terms of the original divorce decree held that Nekissta was to have primary physical custody of their children, and Carl was to pay a certain amount each month…
Date: May 6, 2013
Docket Number: S13A0346
Justia Opinion Summary: Appellant Tracey McKay appealed his conviction for the shooting death of the victim John Thrash after a failed donut shop robbery in 1989. Appellant challenged the sufficiency of the evidence presented against him at…
Date: May 6, 2013
Docket Number: S13A0508
Justia Opinion Summary: Appellant-mother appealed a superior court order that refused to modify a foreign jurisdiction's award of custody to Appellee-father. The mother contended that the superior court erred in refusing to take jurisdiction of…
Date: May 6, 2013
Docket Number: S13A0571
Justia Opinion Summary: Lori Ann Goodman challenged her convictions and sentences for malice murder and theft by taking in connection with the 2005 death of Debra Dressler. Goodman, Dressler, and Rose Richardson became acquainted in a homeless…
Date: April 29, 2013
Docket Number: S13A0096
Justia Opinion Summary: Appellant Derrick Yancey was tried by jury and convicted of the murder of his wife, Lynda Yancey, the murder of a day laborer whom Appellant had employed, Marcial Puluc, and the unlawful possession of a firearm during…
Date: April 29, 2013
Docket Number: S13A0114
Justia Opinion Summary: Appellant Jerome Burgess was convicted as a party to the crime of felony murder, six counts of aggravated assault, and possession of a firearm during the commission of a crime. Appellant challenged the sufficiency of the…
Date: April 29, 2013
Docket Number: S13A0128
Justia Opinion Summary: Jimmy Wayne Wright entered a guilty plea to the malice murders of James William Jackson and Tina Michelle McAdams and was sentenced to life without parole. He filed a motion to withdraw his guilty plea, contending that…
Date: April 29, 2013
Docket Number: S13A0137
Justia Opinion Summary: Defendants Pike County, its county manager, and members of its board of commissioners (collectively, "County") appealed a superior court's grant of summary judgment to plaintiff Marcia Callaway-Ingram, who was appointed…
Date: April 29, 2013
Docket Number: S13A0153
Justia Opinion Summary: Appellant Marcus Fennell was convicted of two counts of malice murder, armed robbery, and possession of a firearm during the commission of a felony in connection with the shooting deaths of Andrew Coleman and Martial…
Date: April 29, 2013
Docket Number: S13A0268
Justia Opinion Summary: Appellant Dominic Trent Stacey was convicted and sentenced for malice murder, theft by receiving, possession of cocaine, and other crimes following the shooting death of Andrew Gibby. On appeal to the Supreme Court,…
Date: April 29, 2013
Docket Number: S13A0292
Justia Opinion Summary: Taron Maurice Williams was tried by jury and convicted of the murder of Aljene Flannings and other crimes related to the unlawful possession of a firearm. Following the denial of his motion for new trial, Williams…
Date: April 29, 2013
Docket Number: S13A0319
Justia Opinion Summary: After his conviction on charges of malice murder, aggravated assault with a deadly weapon, and possession of a firearm during the commission of a felony related to the shooting death of Christopher Copeland, appellant…
Date: April 29, 2013
Docket Number: S13A0568
Justia Opinion Summary: In 2007, Christopher Leach was convicted of child molestation, and sentenced to imprisonment for five years, followed by five years on probation. As a condition of his probation, Leach was forbidden to change his…
Date: April 29, 2013
Docket Number: S13A0605
Justia Opinion Summary: Appellant Alana Johnson was convicted of one count of felony murder in connection with the October 2010 death of her three-year-old son, Shane Hurd. She appealed the denial of her motion for new trial contending the…
Date: April 29, 2013
Docket Number: S13A0810
Justia Opinion Summary: In 2010, a jury found appellant Fredrick Choisnet, Jr. guilty but mentally ill of the malice murder of his father and possession of a knife during the commission of a crime. He appealed the denial of his amended motion…
Date: April 15, 2013
Docket Numbers: S12Y0618, S12Y0619, S12Y0620, S12Y0621, S12Y1214, S12Y1215, S12Y1479
Date: April 15, 2013
Docket Number: S13A0209
Justia Opinion Summary: Paris Leroy Johnson, Jr. was tried by jury and convicted of the murder of Antonio Milton. Following the denial of his motion for new trial, Johnson appealed, contending that the trial court erred when it failed to charge…
Date: April 15, 2013
Docket Number: S13A0356
Justia Opinion Summary: After his jury trial had begun, William James Henderson pled guilty to two counts of murder and additional counts of attempted murder, rape, burglary, and numerous lesser offenses. Henderson appealed pro se, claiming…
Date: April 15, 2013
Docket Number: S13A0446
Justia Opinion Summary: John Dodson, Jr. was tried by jury and convicted of the murder of his 82-year-old neighbor, Willie Wright, Sr. Dodson appealed, contending that the State failed to show at trial that Wright died as a result of Dodson…
Date: April 15, 2013
Docket Number: S13A0598
Justia Opinion Summary: Appellant Michael Darnell Harvey was convicted of malice murder, rape, aggravated sodomy, and aggravated assault in connection with the strangulation death of Valerie Payton. He appealed the denial of his motion for new…
Date: April 15, 2013
Docket Number: S13A0683
Justia Opinion Summary: In 2008, Denis Rogers was found shot in the head in the passenger seat of Edwin Wynn's car. He died four days later as a result of that injury. Appellant Courtney Thornton was convicted of and sentenced for the malice…
Date: April 15, 2013
Docket Number: S13F0152
Justia Opinion Summary: Appellant Randall Craig Driver (Husband) contended that the trial court erred in its equitable division of the marital property, in its lump-sum alimony award to appellee Andria Elizabeth Driver (Wife), in making certain…
Date: April 15, 2013
Docket Number: S13F0190
Justia Opinion Summary: Appellant Manoucher Jahanbin (husband) appealed the trial court's denial of his motion to set aside the final judgment and decree in a divorce action brought by Zahra Rafieishad (wife). Husband contended that the trial…
Date: March 28, 2013
Docket Number: S11G1839
Justia Opinion Summary: In 1969, the Cities of Atlanta and College Park entered into an agreement for purposes of expanding Atlanta Hartsfield-Jackson International Airport. One of the provisions of the granted Atlanta the exclusive right to…
Date: March 28, 2013
Docket Number: S12A1925
Justia Opinion Summary: Defendant Jason Leon Heywood appealed his convictions for malice murder and other crimes related to the shooting death of Andrew Wilson. Defendant challenged the trial court's refusal to continue the trial and empanel…
Date: March 28, 2013
Docket Number: S12Q2087
Justia Opinion Summary: The United States District Court for the Northern District of Georgia certified a question to the Georgia Supreme Court regarding the availability and scope of an "appropriation of likeness" claim under Georgia law. In…
Date: March 25, 2013
Docket Numbers: S12A1371, S12A1372
Justia Opinion Summary: Jeff Dulcio appealed his convictions for malice murder and possession of a firearm during the commission of a felony, and co-defendant Michelle Morrison appealed her convictions for felony murder while in the commission…
Date: March 25, 2013
Docket Number: S12A1601
Justia Opinion Summary: The Supreme Court granted Appellant Fernando Castillo-Solis's application for interlocutory appeal to challenge the trial court's ruling that OCGA 40-5-20(a), which prohibits driving in Georgia without a valid driver's…
Date: March 25, 2013
Docket Number: S12A1626
Justia Opinion Summary: Tchywaskie Lamar Jones was tried by a Dougherty County jury and convicted of aggravated assault and a violation of the Georgia Street Gang Terrorism and Prevention Act in connection with a shooting at a public pool in…
Date: March 25, 2013
Docket Numbers: S12A1643, S12A1645, S12X1644
Justia Opinion Summary: Judge of the Clayton County Probate Court Pam Ferguson appealed two orders of the Superior Court of Clayton County. Case No. S12A1643 was Ferguson's appeal of the trial court's ruling that Manuel Perry was entitled to a…
Date: March 25, 2013
Docket Number: S12A1920
Justia Opinion Summary: Robert Mesteller brought suit to challenge Gwinnett County and its Board of Commissioners' (County) Solid Waste Ordinance. He appealed a superior court's grant of summary judgment in favor of the County. Relying upon the…
Date: March 25, 2013
Docket Number: S12A1990
Justia Opinion Summary: Appellant Maurice Charleston and Scott Walker were indicted for malice murder and other crimes related to the shooting death of Edric Finney. Following a joint trial, a jury found both defendants guilty on all counts.…
Date: March 25, 2013
Docket Number: S12A2083
Justia Opinion Summary: Appellant Jamon Jackson was convicted and sentenced to life in prison plus 20 years for fatally shooting his girlfriend Ashley White and burning her body inside her vehicle to conceal her death. After review of his…
Date: March 25, 2013
Docket Number: S12F1502
Justia Opinion Summary: Aaron and Michelle Black were married in 1996, and later divorced in Houston County. Michelle appealed the final divorce decree, contending that the trial court was without jurisdiction to grant a divorce, that it erred…
Date: March 25, 2013
Docket Number: S13A0057
Justia Opinion Summary: A jury convicted Harold Hall of malice murder and robbery in connection with the beating death of 78-year-old Rachel Posey. On appeal he argued that the evidence was insufficient to convict and trial counsel rendered…
Date: March 18, 2013
Docket Number: S12A1485
Justia Opinion Summary: In July 2011, Jing Liu sued Hao Wang alleging that Wang held stock in a Chinese company, that Wang held this stock on behalf of Liu, that Wang had misappropriated the stock for his own use, and that Wang wrongfully…
Date: March 18, 2013
Docket Number: S12A1527
Justia Opinion Summary: Defendant-Appellant Christopher Slaughter was convicted of malice murder and other crimes in connection with the shooting death of Aikeem Hall. He appealed, arguing that the trial court abused its discretion in refusing…
Date: March 18, 2013
Docket Number: S12A1569
Justia Opinion Summary: Defendant Gary Simpson appealed a trial court's denial of his motion in arrest of judgment. Defendant was convicted of and sentenced on three counts each of malice murder, aggravated assault and concealing a death. He…
Date: March 18, 2013
Docket Number: S12A1576
Justia Opinion Summary: Sandra M. Singh (Wife) and Zachary Hammond (Husband) were divorced in 2005. The parties had two children together, and pursuant to the final divorce decree, were awarded joint legal custody of the children, with Husband…
Date: March 18, 2013
Docket Number: S12A1582
Justia Opinion Summary: Defendant-Appellant Charlott Lynett Reaves was convicted of the murder of her stepdaughter after a bench trial. Defendant appealed, contending only that the trial court erred when it denied in part her motion to suppress…
Date: March 18, 2013
Docket Number: S12A1671
Justia Opinion Summary: Defendant-Appellant Anthony Terrell Smith appealed his convictions and sentences for malice murder, aggravated assault, and possession of a weapon at a public gathering, which were in connection with the shooting death…
Date: March 18, 2013
Docket Number: S12A1759
Justia Opinion Summary: Defendant-Appellant Kelcey E. Jones was tried by jury and convicted of the murder of his four-year-old son, and for cruelty to a child in the first degree. Defendant appealed, contending that the trial court erred when…
Date: March 18, 2013
Docket Number: S12A1803
Justia Opinion Summary: Leon East and Donia Stephens divorced in 2002. They entered a settlement which was incorporated into their divorce decree. By their settlement, East and Stephens agreed that Stephens would have custody of their two…
Date: March 18, 2013
Docket Number: S12A1804
Justia Opinion Summary: A jury convicted Defendant-Appellant Tyrell Campbell of malice murder and other felonies in connection with the shooting death of Gary Paul Francis. On appeal to the Supreme Court, he contended that the trial court erred…
Date: March 18, 2013
Docket Number: S12A1857
Justia Opinion Summary: Defendant-Appellant Tobee Bradley was tried by jury and convicted of murder, aggravated assault, armed robbery, and three counts of possession of a firearm during the commission of a crime. He appealed, contending that…
Date: March 18, 2013
Citation: 284 Ga. 33
Docket Number: S12A1978
Justia Opinion Summary: In "Smith v. Georgia," (663 SE2d 155 (2008)), the Supreme Court reversed Appellant Tavaris Smith's murder conviction, finding that the trial court had erred in classifying Appellant's sleepwalking defense as an insanity…
Date: March 18, 2013
Docket Number: S12A2060
Justia Opinion Summary: Defendant-Appellant Ashley Schutt was convicted of malice murder and other crimes in connection with the death of her husband. She appealed, arguing that the evidence was insufficient to support her conviction for…
Date: March 18, 2013
Docket Number: S12G0484
Justia Opinion Summary: In 2007, Appellant Derick Villanueva acted as the closing attorney for a mortgage-refinance transaction in which Homecomings Financial, LLC served as the lender supplying funds to pay off earlier mortgages on the secured…
Date: March 18, 2013
Docket Number: S13A0009
Justia Opinion Summary: Michael and Kelly Goodell divorced in 2006 by a Final Judgment and Decree which incorporated a settlement agreement. Pursuant to the agreement, Michael was required to pay Kelly alimony until she remarried. Michael also…
Date: March 18, 2013
Docket Number: S13A0420
Justia Opinion Summary: Following a jury trial, Defendant-Appellant Denzel Laquan Ward appealed his conviction for malice murder, felony murder, possession of a firearm during the commission of a crime, and possession of a firearm during the…
Date: March 4, 2013
Docket Number: S12A1492
Justia Opinion Summary: In 1999, a jury awarded monetary damages and equitable relief to homeowner Kenneth Barngrover. The damages were paid to the trial court's registry shortly after entry of judgment on the verdict, and the Court of Appeals…
Date: March 4, 2013
Docket Number: S12A1498
Justia Opinion Summary: Alvin Harris was tried and convicted of felony murder, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon in 1999. He received a mandatory life…
Date: March 4, 2013
Docket Number: S12A1513
Justia Opinion Summary: Margaret Hunt, a teacher, sued her former employer, the Richmond County Board of Education for breach of her employment contract. The parties stipulated to the amount of damages, and after a bench trial, the trial court…
Date: March 4, 2013
Docket Number: S12A1739
Justia Opinion Summary: In 2005, Robert Hanna and Kelli Ford were divorced in Gwinnett County. Hanna later moved to DeKalb County, and in 2011, Ford filed a petition in DeKalb County to modify their divorce decree with respect to child support…
Date: March 4, 2013
Docket Number: S12A1742
Justia Opinion Summary: Joanna Hayes appealed her convictions and sentences for malice murder and possession of a firearm during the commission of a felony relating to the shooting death of her former daughter-in-law Heather Strube. Her only…
Date: March 4, 2013
Docket Number: S12A1761
Justia Opinion Summary: After a jury trial, Tyus Colton was convicted of malice murder, felony murder, aggravated assault and aggravated battery in connection with the beating death of Shannon Blount. On appeal, he contended, among other…
Date: March 4, 2013
Docket Number: S12A1836
Justia Opinion Summary: The Unified Government of Athens-Clarke County adopted a Stormwater Utility Ordinance in 2004. Pursuant to the Ordinance, a stormwater utility and stormwater enterprise fund took effect in 2005, and landowners were…
Date: March 4, 2013
Docket Number: S12A1852
Justia Opinion Summary: Appellant Derrick Ashley Blake was convicted of felony murder and related charges in connection with the December 2008 shooting death of Marion Turner. Blake appealed the denial of his motion for new trial, asserting…
Date: March 4, 2013
Docket Number: S12G1049
Justia Opinion Summary: In this case, the Supreme Court granted an application for certiorari from the Court of Appeals' decision in "In re: W.L.H.," (723 SE2d 478 (2012)) to determine whether a child in a deprivation action had standing to…
Date: March 4, 2013
Docket Number: S12P1490
Justia Opinion Summary: Ward Brockman was convicted by jury of felony murder and criminal attempt to commit armed robbery. The jury recommended the death sentence for the murder after finding beyond a reasonable doubt that the murder was…
Date: March 4, 2013
Docket Number: S13A0075
Justia Opinion Summary: Appellant Marcus DeWayne Huff was convicted of malice murder for the 2010 stabbing death of Daniel Aftowski. He appealed, asserting the evidence was insufficient to support his conviction. Finding no error, the Supreme…
Date: March 4, 2013
Docket Number: S13A0100
Justia Opinion Summary: Robert Hoffler was convicted for malice murder and possession of a firearm during the commission of a felony relating to the fatal shooting of Quincy Dunlap. On appeal to the Supreme Court, he appealed the denial of his…
Date: March 4, 2013
Docket Number: S13A0222
Justia Opinion Summary: Rodney Reaves was convicted of the felony murder of his 11-year-old daughter and other related crimes. He appealed the denial of his motion for new trial, asserting that the trial court erred by excluding the testimony…
Date: March 4, 2013
Docket Number: S13A0330
Justia Opinion Summary: Thomas Vines appealed a trial court's order that denied his motion to modify the terms of his visitation rights with his daughter and that granted Anita Vines' counterclaim for contempt and request for attorney fees.…
Date: February 18, 2013
Docket Number: S12A1508
Justia Opinion Summary: James R. Harper, III, Jerry W. Chapman, and Jeffery L. Pombert appealed a trial court's orders denying their various motions challenging charges of theft and violation of the Georgia Racketeer Influenced and Corrupt…
Date: February 18, 2013
Docket Number: S12A1548
Justia Opinion Summary: In 2009, a grand jury indicted Appellant Lance Thomas, Jr., along with Robert Robinson, James Prothro, and Tony Smith for: (1) malice murder of David Nixon, (2) felony murder of David Nixon (based on aggravated assault…
Date: February 18, 2013
Docket Number: S12A1599
Justia Opinion Summary: Appellant City of Suwanee appealed a judgment in favor of Appellee Settles Bridge Farm, LLC in an inverse condemnation action. Following a bench trial, the trial court found that the City of Suwanee's enactment of an…
Date: February 18, 2013
Docket Number: S12A1650
Justia Opinion Summary: Appellees James and Lawson and two other men were charged in an indictment for the 2005 murders of Jeremiah Ingram and Fatima Fisher. James and Lawson were convicted of murder in separate trials; another co-defendant was…
Date: February 18, 2013
Docket Number: S12A1695
Justia Opinion Summary: Marquis Young was tried by jury and convicted of murder and possession of a firearm during the commission of a crime. He appealed, contending that the trial court erred when it allowed the State to reopen the evidence…
Date: February 18, 2013
Docket Number: S12A1743
Justia Opinion Summary: Tiffany Wise appealed her conviction for malice murder for beating 88-year-old Mabel Berry to death. Concluding that the evidence at trial was sufficient to support the conviction and that any error in the admission of a…
Date: February 18, 2013
Docket Number: S12A1896
Justia Opinion Summary: Appellant Peter McGlashan and appellee Terrell Snowden own adjacent lots of real property in Ware County. McGlashan contracted to build a home on his lot and took exclusive possession of the completed home in July 2010.…
Date: February 18, 2013
Docket Number: S12A1898
Justia Opinion Summary: Deandra Antwan Green filed a special demurrer alleging that his indictment was void because it failed to show that the charged offenses occurred on a date prior to the grand jury's return of the indictment. The trial…
Date: February 18, 2013
Docket Number: S12A1909
Justia Opinion Summary: Linda Brown appealed her conviction for the malice murder of her three-year-old son, Garry. Appellant contended that the evidence at trial was insufficient to support her conviction and that her trial counsel provided…
Date: February 18, 2013
Docket Number: S12A2026
Justia Opinion Summary: Russell James Wright and Debra Sue Hall were married in 1997 and divorced in 2000 under a divorce decree that required Wright to pay monthly alimony. In 2012 Wright filed a motion to set aside their divorce decree on the…
Date: February 18, 2013
Docket Number: S12A2052
Justia Opinion Summary: In a previous case, the Supreme Court determined that Robert Emory White (Robert), Myron James White (Myron), and Gary Gerrard, Robert's attorney, were entitled to a writ of mandamus requiring the trial court to allow…
Date: February 18, 2013
Docket Number: S12F1737
Justia Opinion Summary: The Supreme Court granted appellant Andrew Bishop's application for discretionary review of the final judgment and decree of divorce that awarded sole legal and physical custody of his two-year-old daughter to appellee…
Date: February 18, 2013
Docket Number: S12Q1936
Justia Opinion Summary: Lou Ann Cassell inherited $220,000 from a relative. After consulting with advisors, she used the inherited funds to purchase a single-premium fixed annuity from National Life Insurance Company. Cassell was 65 years old…
Date: February 18, 2013
Docket Number: S12Q2067
Justia Opinion Summary: In 2006, debtor Denise Codrington executed a security deed with appellant Wells Fargo that was recorded with the Clerk of the Superior Court of Fulton County on October 13, 2006. The deed provided: "[i]f one or more…
Date: February 18, 2013
Docket Number: S13A0124
Justia Opinion Summary: Appellant Tracy Lashawn Smith was charged with felony murder (predicated on the underlying felony of either aggravated assault or aggravated battery), aggravated assault and aggravated battery by indictment. The jury…
Date: February 18, 2013
Docket Number: S13O0473
Justia Opinion Summary: Christopher Gay was convicted of escape in 2011 in Cobb County and was incarcerated in the Northeast Correctional Complex in Mountain City, Tennessee. He has filed a petition with the Georgia Supreme Court for the writ…
Date: February 4, 2013
Citation: 292 Ga. 362
Docket Number: S12A1603
Justia Opinion Summary: Appellant Association of Guineans in Atlanta, Inc. applied to the DeKalb County Board of Commissioners (BOC) for a special land use permit (SLUP) for a single-family house located in a residential area of DeKalb County…
Date: February 4, 2013
Citation: 292 Ga. 364
Docket Number: S12A1663
Justia Opinion Summary: Appellant Michael Reddings was convicted of murder, aggravated assault, and two weapons possession counts in connection with the 2009 stabbing death of Daisy Pearl Brown. Appellant appealed the denial of his motion for…
Date: February 4, 2013
Citation: 292 Ga. 368
Docket Number: S12A1678
Justia Opinion Summary: Appellant Sajid Fitzgerald Leslie was convicted of murder and arson in connection with the death of his former girlfriend Lori Hastings. He raised several issues on appeal, arguing: (1) the evidence presented at trial…
Date: February 4, 2013
Citation: 292 Ga. 375
Docket Number: S12A1720
Justia Opinion Summary: A group of firefighters brought a class action lawsuit against the City of Atlanta alleging that the city breached its employment contracts with the firefighters as well as its statutory obligation to provide a fair and…
Date: February 4, 2013
Citation: 292 Ga. 380
Docket Number: S12A1819
Justia Opinion Summary: The issue before the Supreme Court in this case concerned who was legally authorized to select the drug or drugs to be used in executions in Georgia and how that choice may be made-- an issue which the Court felt…
Date: February 4, 2013
Docket Number: S12A1981
Justia Opinion Summary: In December 2007, Bobby Buckner was indicted for the kidnapping, molestation, and murder of 12-year-old Ashleigh Moore. Four years later, Buckner had not been brought to trial, so he filed a motion to dismiss his…
Date: February 4, 2013
Docket Number: S12A2049
Justia Opinion Summary: Roddicus Butler was tried by jury and convicted of the murder of two-year-old Jamira Washington. Following the denial of his motion for new trial, Butler appealed, contending that the evidence was insufficient to sustain…
Date: February 4, 2013
Docket Number: S12A2076
Justia Opinion Summary: U. S. Bank, N. A. and Vatacs Group, Inc. both claimed title to certain residential real property in Fulton County, and U. S. Bank filed a petition to quiet title to the property. The trial court appointed a special…
Date: February 4, 2013
Docket Number: S12A2085
Justia Opinion Summary: In 2010, when appellee Joshua Johnson was 15 years old, he was arrested for the alleged murder of his grandmother. He was held in a youth detention center for ten days when he was released on bond with conditions that…
Date: January 22, 2013
Docket Number: S12A1632
Justia Opinion Summary: The State appealed the grant of habeas corpus relief to defendant Michelle Hall, arguing that the trial court erred in applying the presumption of prejudice when reviewing defendant's sole claim that she received…
Date: January 22, 2013
Docket Number: S12A1698
Justia Opinion Summary: Chaudhry Rashid appealed his conviction for malice murder in connection with the strangulation death of his daughter, Sandeela Kanwal. Rashid challenged the sufficiency of the evidence of his guilt, grants of immunity to…
Date: January 22, 2013
Docket Number: S12A1716
Justia Opinion Summary: Appellant Robert Merrill Smith was convicted of the malice murder of his wife Jennifer, and possession of a firearm during the commission of a felony. On appeal he challenged the sufficiency of the evidence, the content…
Date: January 22, 2013
Docket Numbers: S12A1945, S12A1946
Justia Opinion Summary: After a jury trial, appellants Desmond Griffin and Charlie Boyd were found guilty of the felony murder of James Clark based on the underlying felony of aggravated assault. Griffin was also found guilty of separate…
Date: January 22, 2013
Docket Number: S12A2039
Justia Opinion Summary: Montay Lee Merritt was tried by a jury and convicted of the murder of his wife. Following the denial of his motion for new trial, Merritt appealed, contending that the evidence was insufficient to sustain his conviction…
Date: January 22, 2013
Docket Number: S12Q1648
Justia Opinion Summary: The United States District Court for the Southern District of Georgia certified a question to the Georgia Supreme Court: "Is it proper for a jury to consider a defendant’s worldly circumstances when deciding the amount…
Date: January 22, 2013
Docket Numbers: S13Y0146, S13Y0147, S13Y0148, S13Y0149, S13Y0150
Date: January 7, 2013
Docket Number: S12A1430
Justia Opinion Summary: Craig Heidt was tried by jury and convicted of the murders of his father and brother, an aggravated assault and aggravated battery upon his mother, burglary, attempt to commit arson in the first degree, and three counts…
Date: January 7, 2013
Citation: 292 Ga. 249
Docket Number: S12A1436
Justia Opinion Summary: Appellant Ntyono Pennie and co-defendant Torrence Sanders were convicted of the felony murder of Shirley Akins and other offenses. Appellant contended that his trial counsel was ineffective in failing to request a…
Date: January 7, 2013
Citation: 292 Ga. 253
Docket Number: S12A1504
Justia Opinion Summary: A jury convicted Jeffrey Bunnell of malice murder and tampering with the evidence in connection with the beating death of 70-year-old Margie Eason. On appeal, Bunnell challenged the trial court's rulings admitting into…
Date: January 7, 2013
Citation: 292 Ga. 259
Docket Number: S12A1521
Justia Opinion Summary: Appellant Michael Kidd appealed his convictions for murder and possession of a firearm during the commission of a crime stemming from the shooting death of Ronald Davenport. Finding no error, the Supreme Court affirmed.…
Date: January 7, 2013
Citation: 292 Ga. 262
Docket Number: S12A1575
Justia Opinion Summary: Appellant Zerrick Breion Walker was convicted of the malice murder of Ronaldo Lorenzo Hill and possession of a firearm during the commission of a felony. On appeal, he contended that the evidence was not sufficient to…
Date: January 7, 2013
Citation: 292 Ga. 265
Docket Number: S12A1656
Justia Opinion Summary: Following a jury trial, Carla Joan Simmons was found guilty of felony murder and various other offenses in connection with the strangulation death of Paul Rucker. On appeal, she contended that the evidence presented at…
Date: January 7, 2013
Citation: 292 Ga. 268
Docket Number: S12A1669
Justia Opinion Summary: Jesse Lamar Arnold was tried by jury and convicted of the aggravated stalking and aggravated assault of his estranged wife, Lakeisha, and the murder of Eric Mattox. Arnold appealed, contending that he was deprived of the…
Date: January 7, 2013
Docket Number: S12A1728
Justia Opinion Summary: In "Norman v. Gober,"(707 SE2d 98 (2011)), the Supreme Court considered whether eleven-year-old William Howard Norman had standing to challenge the will of his maternal grandmother, Margaret Scheer, because he was not an…
Date: January 7, 2013
Citation: 292 Ga. 273
Docket Number: S12A1735
Justia Opinion Summary: A jury convicted Herman Lewis Bright of malice murder and aggravated assault in connection with the death of Jerome Jenkins. On appeal, Bright contended that the evidence was insufficient to convict him and his trial…
Date: January 7, 2013
Docket Number: S12A1829
Justia Opinion Summary: Appellant Solomon Hester was convicted of malice murder, two counts of cruelty to a child, and possession of a firearm during the commission of a felony in connection with the shooting death of Allison Brownell. He…
Date: January 7, 2013
Citation: 292 Ga. 276
Docket Number: S12A1923
Justia Opinion Summary: Darius Ellis was tried by jury and convicted of the murder and attempted armed robbery of Marvel Stripling, as well as possession of a firearm during the commission of a felony. Ellis appealed, contending that: (1) the…
Date: January 7, 2013
Citation: 292 Ga. 288
Docket Number: S12A1955
Justia Opinion Summary: Following a bench trial, Labaron Curry appealed his convictions for two counts of felony murder and two counts of possession of a firearm during the commission of a felony, contending that the evidence was insufficient…
Date: January 7, 2013
Citation: 292 Ga. 290
Docket Number: S12A1997
Justia Opinion Summary: Raymond Nichols appealed his conviction for malice murder in connection with the strangulation death of his mother, Alma Nichols. His only challenge was that the evidence at trial was insufficient to convict him. Finding…
Date: January 7, 2013
Docket Number: S12A1999
Justia Opinion Summary: Appellant Phillip Chad Dunn was convicted and sentenced for the malice murder of his wife, Shelley Dyan Dunn, and two counts of child cruelty in the third degree. On appeal, appellant contended the trial court erred in…
Date: January 7, 2013
Citation: 292 Ga. 292
Docket Number: S12A2045
Justia Opinion Summary: Appellant Thaddeus Porter was convicted of malice murder and other crimes related to the shooting death of Willie Clay. His motion for new trial was denied, and he appealed, asserting that the trial court erred by…
Date: January 7, 2013
Citation: 292 Ga. 296
Docket Number: S12A2073
Justia Opinion Summary: Appellant Nicholas McCoy was convicted of malice murder and possession of a firearm during the commission of a felony in connection with the shooting death of Christopher Duhart. He appealed, asserting the trial court…
Date: January 7, 2013
Citation: 292 Ga. 298
Docket Number: S12A2084
Justia Opinion Summary: Following a jury trial, Bobby Gibson appealed his convictions for the murder of Tasha Brown and the aggravated assault of her mother, Yvette Brown, contending that the evidence was insufficient to support the verdict.…
Date: January 7, 2013
Citation: 292 Ga. 300
Docket Number: S12G0369
Justia Opinion Summary: The Georgia Supreme Court granted certiorari in this case to determine whether the Court of Appeals erred in its conclusion that appellants failed to preserve for appeal their objection to a jury instruction. Appellants…
Date: January 7, 2013
Docket Numbers: S12G0895, S12G0905, S12G0912
Justia Opinion Summary: Appellants Khamone Luangkhot, Isaac Saleumsy, and Santisouk Phommachanh, along with approximately 34 others, were indicted in connection with an alleged ecstacy trafficking ring. The indictments resulted from a…
Date: January 7, 2013
Citation: 292 Ga. 303
Docket Number: S13A0004
Justia Opinion Summary: During his murder trial in March 2011, appellant Corey Dennis withdrew his plea of not guilty and plead guilty to the felony murders of Jerry Lee Lawrence and Harold Reese, Jr., to two counts of kidnaping with bodily…
Date: January 7, 2013
Citation: 292 Ga. 305
Docket Number: S13A0021
Justia Opinion Summary: Elkin Clarke appealed his convictions for the malice murder of Michael Toles and the simple assault of Aisha Albritton. He challenged the sufficiency of the evidence and the trial court's refusal to remove a potential…
Date: January 7, 2013
Citation: 292 Ga. 308
Docket Number: S13Y0102
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
