Supreme Court of Georgia Decisions 2014
Date: November 24, 2014
Docket Number: S14A0602
Justia Opinion Summary: Jeffery Wright appealed his convictions and sentences for the 2008 malice murder of Ricardo Carbajal, the aggravated assaults of Carbajal, Eduardo Torrijos, Librado Gonzalez, and Victor De Leon Vega, the false…
Date: November 24, 2014
Docket Number: S14A0935
Justia Opinion Summary: Appellant Jamere Drake was convicted of felony murder and related offenses in connection with the November 2011 shooting death of James Woods in downtown Savannah. Drake appealed, arguing that the trial court erred in…
Date: November 24, 2014
Docket Numbers: S14A1033, S14X1036., S14A1035, S14X1034., S14A1037, S14X1038., S14A1039, S14X1040., S14A1041, S14X1042., S14A1251, S14X1252., S14A1256., S14A1257, S14X1258., S14A1259., S14A1260, S14X1261., S14A1262., S14A1263, S14X1264., S14A1265., S14A1266, S14X1267., S14A1268., S14A1269, S14X1270., S14A1271, S14X1272
Justia Opinion Summary: These cases presented constitutional and statutory questions arising from the use of private probation companies by Georgia courts to provide misdemeanor probation supervision services. Thirteen plaintiffs filed…
Date: November 24, 2014
Docket Number: S14A1155
Justia Opinion Summary: In November 2005, Michael Lejeune pled guilty to murder, was convicted upon his plea, and was sentenced to imprisonment for life without the possibility of parole. Years later, Lejeune filed a petition for a writ of…
Date: November 24, 2014
Docket Number: S14F0646
Justia Opinion Summary: Teresa Wallace ("Mother") was granted a discretionary appeal of the superior court's final judgment and decree of divorce. Mother and Christopher Wallace ("Father," an active duty serviceman in the United States Navy)…
Date: November 17, 2014
Docket Number: S13G1826
Justia Opinion Summary: In this case, Subodh Raysoni raised consumer fraud claims under the Fair Business Practices Act of 1975 against Payless Auto Deals, LLC, alleging that Payless gave false assurances that a used minivan never had been in a…
Date: November 17, 2014
Docket Number: S14A0674
Justia Opinion Summary: Cedrick Walker was tried by jury and convicted of the murder of Ramona Givens, the murder of Tyler Givens, and unlawfully concealing the death of Ramona. Walker appealed, contending: the evidence was insufficient to…
Date: November 17, 2014
Docket Number: S14A0703
Justia Opinion Summary: A jury found defendant guilty of malice murder, felony murder, aggravated assault, and aggravated battery in connection with the 2002 beating death of Shannon Blount, and he was sentenced to life imprisonment. In a prior…
Date: November 17, 2014
Docket Number: S14A0762
Justia Opinion Summary: Appellant Michael McNair was convicted of malice murder in connection with the death of his wife of 23 years, Peggy. He appealed, arguing the evidence was insufficient to support the verdict and that his trial counsel…
Date: November 17, 2014
Docket Number: S14A0798
Justia Opinion Summary: Peggy Dion (“Dion”), the widow of Dale Dion (“Dale”), appealed a Superior Court order that granted Y.S.G. Enterprises, Inc., d/b/a Depot Sports Bar and Grill's (“Depot”) motion to dismiss. Dale died in a single-car…
Date: November 17, 2014
Docket Number: S14A0877
Justia Opinion Summary: Appellant Thomas Francis was convicted by a jury of murder and related offenses for the 2006 shooting death of his wife, Denise. Francis appealed the denial of his amended motion for new trial, contending: the evidence…
Date: November 17, 2014
Docket Number: S14A0887
Justia Opinion Summary: A jury convicted appellant, Samuel Parker, of malice murder and other crimes in connection with the disappearance of his estranged wife, Theresa. His motion for new trial was denied, and he appealed, asserting that the…
Date: November 17, 2014
Docket Number: S14A0889
Justia Opinion Summary: Appellee Maria Owens was tried and convicted in regard to the death of an eleven-month-old infant Jaylen Kelly. The State argued on appeal that the trial court erred when it failed to sentence appellee on the convictions…
Date: November 17, 2014
Docket Number: S14A1158
Justia Opinion Summary: The Georgia Supreme Court granted David Tolbert’s application to consider whether the habeas court erred in ruling that Tolbert had procedurally defaulted his jurisdictional claim based on a pretrial, pro se notice of…
Date: November 17, 2014
Docket Numbers: S14A1162, S14A1163, S14A1516, S14A1533
Justia Opinion Summary: Appellants Jaqwanta Grimes, Brandon Reed, Antoine Willis, and Kyree Brantley appealed their convictions stemming from the shooting death of Marcus Holloway and the aggravated assault of LaQuinton Forte. In 2012,…
Date: November 17, 2014
Docket Number: S14A1165
Justia Opinion Summary: Appellant Steven Rouse was found guilty of felony murder and robbery in connection with the beating death and robbery of Scott Gillens. His motion for new trial, in which he asserted the general grounds, was denied. He…
Date: November 17, 2014
Docket Number: S14A1168
Justia Opinion Summary: Appellant Artenimus Rayshun Mack was charged with murder and related offenses in connection with an October 2012 shooting in Baldwin County. In the course of his prosecution, Mack moved to suppress various statements he…
Date: November 17, 2014
Docket Number: S14A1248
Justia Opinion Summary: In this case's first appearance before the Georgia Supreme Court, appellant Deanna Kipp appealed her convictions and sentences for four counts of felony murder, one count of involuntary manslaughter, two counts of…
Date: November 17, 2014
Docket Number: S14A1327
Justia Opinion Summary: In 2009, Bryant Washington was indicted for 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 convicted felon.…
Date: November 17, 2014
Docket Number: S14A1334
Justia Opinion Summary: Georgia resident Mario Urbina taught piano lessons to children in Alabama. In early 2012, Urbina was indicted in Alabama for: (1) Enticing a Child to Enter for Immoral Purposes; and (2) Sex Abuse of a Child Less than 12…
Date: November 17, 2014
Docket Number: S14A1338
Justia Opinion Summary: Appellant Brandon Lewis was convicted of felony murder and other crimes in connection with the 2007 shooting death of Deonte Hudson. Two years later, appellant was indicted in Fulton County for malice murder, two counts…
Date: November 17, 2014
Docket Number: S14A1361
Justia Opinion Summary: Appellant Antonio Ruffin was indicted for malice murder and felony murder in connection with the death of fellow inmate Darrell Blackwelder after a fight in the prison yard. Appellant testified at trial that on the day…
Date: November 17, 2014
Docket Number: S14A1464
Justia Opinion Summary: Ervin Bighams and Jordan Crear appealed their convictions for felony murder, two counts of aggravated assault, and possession of a firearm arising from a shooting that killed Travis Tyson, injured Tony Reeves, and…
Date: November 17, 2014
Docket Number: S14A1529
Justia Opinion Summary: Following a jury trial, Robert Lee Gill was found guilty of felony murder, aggravated battery, and aggravated assault in connection with the beating death of Terry Lynn Carson. On appeal, Gill argued that the evidence…
Date: November 17, 2014
Docket Number: S14A1680
Justia Opinion Summary: Wayne Farms owned and operated a chicken processing plant in Oakwood. A fire broke out at the plant in 2003. Roughly three years later, Wayne Farms and its insurers filed suit against Crane Composites, Inc., which…
Date: November 3, 2014
Docket Number: S14A0748
Justia Opinion Summary: In 2011, a grand jury indicted Anthony Merritt for malice murder, felony murder while in the commission of aggravated assault, felony murder while in the commission of possession of a firearm by a convicted felon,…
Date: November 3, 2014
Docket Number: S14A0835
Justia Opinion Summary: In a pending divorce action, the Georgia Supreme Court granted an application for interlocutory appeal by Appellant-Husband James Coxwell, who challenged the trial court’s denial of his motion to enforce a lost…
Date: November 3, 2014
Docket Number: S14A0910
Justia Opinion Summary: Appellant James Lynn, Jr. was tried by jury and convicted of the murder of Tonya Lynn. At trial, Appellant did not dispute that he killed Tonya, but he claimed that her killing was only voluntary manslaughter, arguing…
Date: November 3, 2014
Docket Number: S14A1051
Justia Opinion Summary: On September 27, 2006, Mother Marci Mironov and Father Jeff Mironov were divorced; the decree directed Father to pay $3,750 per month for child support for their two children. In 2008, through a consent order, the…
Date: November 3, 2014
Docket Number: S14A1103
Justia Opinion Summary: Appellant Jill Smith appealed her convictions for malice murder and other related crimes regarding the October 22, 2010, death of her husband Mike Smith in a house fire. She and an accomplice stood accused for setting…
Date: November 3, 2014
Docket Number: S14A1156
Justia Opinion Summary: Appellant Charles Slaton, along with five others, were indicted for malice murder and felony murder (aggravated assault) of Marcus Holloway, aggravated assault of Holloway, aggravated assault of LaQuinton Forte, and…
Date: November 3, 2014
Docket Number: S14A1179
Justia Opinion Summary: Tremain Davis was tried by jury and convicted of murder and an aggravated assault. Davis appealed, arguing he was entitled to a new trial at which he could present evidence that his alleged accomplice (tried separately…
Date: November 3, 2014
Docket Number: S14A1565
Justia Opinion Summary: Husband James Spies and Wife Cynthia Carpenter were married in California in 2000. They had two minor children, both of whom were born in that state. Husband was a movie and television producer and consultant. The family…
Date: November 3, 2014
Docket Number: S14A1573
Justia Opinion Summary: Following a jury trial, Joseph Poellnitz, Jr., was found guilty of 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: November 3, 2014
Docket Numbers: S14A1648, S14A1649
Justia Opinion Summary: In 2001, Jeffrey McGee pled guilty to malice murder, aggravated battery upon a peace officer, and possession of a firearm by a convicted felon in connection with the January 1999 shooting death of police officer Robbie…
Date: November 3, 2014
Docket Number: S14A1689
Justia Opinion Summary: Appellant Antonio Browner was convicted of felony murder and other related crimes associated with the 2011 shooting death of Gary Cole, the assistant manager of a Family Dollar store, during an armed robbery of the…
Date: November 3, 2014
Docket Number: S14F1711
Justia Opinion Summary: Appellant-Father Kelly Fladger and appellee-mother Monica Fladger were married in 1994. Their marriage produced two children, who were ages ten and six when Mother filed for divorce in 2011. After a bench trial, the…
Date: November 3, 2014
Docket Numbers: S14Y0990, S14Y0991, S14Y1126, S14Y1127
Date: October 20, 2014
Docket Number: S13G1793
Justia Opinion Summary: As the Court of Appeals characterized this case on appeal, Appellant Ernest Walker, Sr. contended that he was subjected to an investigatory detention when an officer stopped him as he stepped off the premises of an…
Date: October 20, 2014
Docket Number: S14A0767
Justia Opinion Summary: In 2008, decedent Grady Williams Stevens was diagnosed with pancreatic cancer and was given approximately four weeks to live. He began a strenuous regimen of pain medications to provide him relief during his last weeks,…
Date: October 20, 2014
Docket Number: S14A0795
Justia Opinion Summary: Appellant Demetrius Russell was convicted of two counts of murder and related offenses in connection with the June 2008 shooting deaths of Victoria Renfroe and Andrea Smith. Russell challenged those convictions, arguing…
Date: October 20, 2014
Docket Numbers: S14A0804, S14A0805
Justia Opinion Summary: Herman Lawson and Christopher James were jointly indicted, along with two others, for charges arising out of the 2005 shooting deaths of two victims. In separate trials, appellants were convicted of all charges,…
Date: October 20, 2014
Docket Number: S14A0878
Justia Opinion Summary: Eric Miller was tried by jury and convicted of murder and the unlawful possession of a firearm during the commission of a felony, both in connection with the fatal shooting of Luther Williams. Miller appealed, arguing…
Date: October 20, 2014
Docket Number: S14A1022
Justia Opinion Summary: A jury found appellant Kionte Glover guilty of felony murder and other crimes in connection with the shooting and killing of Ronnie Ferguson and the shooting and injuring of Melissa Henderson-Smith and James Fennell.…
Date: October 20, 2014
Docket Number: S14A1049
Justia Opinion Summary: East Georgia Land and Development Company, LLC sued Newton County and several of its officers for a writ of mandamus, arguing that a zoning ordinance adopted by the County in May1985 was invalid. The trial court agreed…
Date: October 20, 2014
Docket Number: S14A1054
Justia Opinion Summary: Justin Wingate was convicted for the 2010 murder and armed robbery of Michael Wilkins. On appeal, he challenged the sufficiency of the State's evidence presented against him at trial. Finding the evidence amply…
Date: October 20, 2014
Docket Number: S14A1194
Justia Opinion Summary: Mother Annie Carr-MacArthur and Christopher Carr ("Father") were married in 2004; they had one child, born in 2005. The couple divorced in 2009. The incorporated settlement agreement gave the parties joint legal custody…
Date: October 20, 2014
Docket Number: S14A1339
Justia Opinion Summary: A jury convicted Michael Faulks. He was found guilty of malice murder and possession of a firearm during the commission of a crime in connection with the shooting death of Jamar Wright. On appeal Faulks argued the trial…
Date: October 20, 2014
Docket Number: S14G0390
Justia Opinion Summary: The issues this case presented for the Supreme Court's review were: (1) whether the Court of Appeals erred in concluding that OCGA 17-3-3 did not give the State six additional months to obtain a second indictment against…
Date: October 20, 2014
Docket Number: S14P0819
Justia Opinion Summary: A jury convicted Donnie Hulett of two counts of malice murder and numerous related crimes, and Hulett waived his right to a jury trial as to sentencing for the murders. At the conclusion of a bench trial on sentencing,…
Date: October 6, 2014
Docket Numbers: S13G1843, S13G1852
Date: October 6, 2014
Docket Number: S14A0597
Justia Opinion Summary: Appellant Gregory Dwayne Miller appealed his convictions for the murder of Melissa Rushing and the concealment of her death. Appellant argued he received ineffective assistance of trial counsel, and that because of…
Date: October 6, 2014
Docket Number: S14A0663
Justia Opinion Summary: Appellant Larry Compton was convicted of murder and related offenses, and the trial court sentenced him to life imprisonment plus five consecutive years. The Supreme Court affirmed his convictions and sentences on…
Date: October 6, 2014
Docket Number: S14A0691
Justia Opinion Summary: Gregory Levin was jailed several months for defying a court order related to his divorce, became convinced that corruption pervaded the court system and the county hospital where his ex-wife worked. Allegedly to draw…
Date: October 6, 2014
Docket Number: S14A0728
Justia Opinion Summary: Colonial Pipeline Company maintained an underground liquid petroleum pipeline that passes through DeKalb County near the home of Paige Jansen-Nichols. In 2013, a leak detection alarm system caused Colonial to become…
Date: October 6, 2014
Docket Number: S14A0749
Justia Opinion Summary: Appellant Geoffrey Prince was convicted of the murder of Vanessa Adolph. On appeal, he argued: his trial counsel was ineffective in failing to file a motion to suppress the evidence found during the initial search of his…
Date: October 6, 2014
Docket Number: S14A0779
Justia Opinion Summary: In 2010, Judge C. Donald Peppers, Sr. was reelected to the State Court of Walker County for a term of office from Jan. 1, 2011 through Dec. 31, 2014. Peppers decided to retire after the term began, effective June 30,…
Date: October 6, 2014
Docket Numbers: S14A0800, S14A0801
Justia Opinion Summary: Rickey Brown and Mecco McKinney appealed their convictions for murder and a firearm offense related to a gun fight between them and co-indictee Teon Richardson that resulted in the death of an innocent bystander,…
Date: October 6, 2014
Docket Numbers: S14A0855, S14X0856
Justia Opinion Summary: Samuel Abernathy and John Geren went to a bar to play pool. Abernathy, who had been drinking several hours, had previously been banned from the premises, and shortly after they arrived, the bartender told them to leave.…
Date: October 6, 2014
Docket Number: S14A0880
Justia Opinion Summary: In 2006, Eddie Freeman, armed with a .38 caliber revolver, went with two other men to a motel room to buy Ecstasy. An argument ensued over the price of the Ecstasy pills and when a man inside the room locked the door to…
Date: October 6, 2014
Docket Number: S14A0890
Justia Opinion Summary: A jury convicted Marcus Jackson on murder and related charges, after which the trial court granted defendant’s motion for new trial. The Supreme Court reversed, noting that the order granting new trial was entered solely…
Date: October 6, 2014
Docket Number: S14A0931
Justia Opinion Summary: The City of Brookhaven has won the right to ban adult entertainment businesses that sell alcohol. Less than a month after Brookhaven incorporated, its new City Council passed its own "Sexually Oriented Business Code," an…
Date: October 6, 2014
Docket Number: S14A0932
Justia Opinion Summary: In 1954, Stiles Apartments, Inc. and the City of Athens entered into an agreement to create a drive-in parking area and new sidewalk on the western side of South Lumpkin Street in Athens. The purpose was to relieve…
Date: October 6, 2014
Docket Number: S14A0936
Justia Opinion Summary: The Supreme Court upheld the conviction and life prison sentence with no chance for parole given to Gary DeToma for the murder of his 5-year-old son, Gary DeToma, Jr. According to the State, DeToma planned to kill his…
Date: October 6, 2014
Docket Number: S14A0997
Justia Opinion Summary: Diane Gibbs lived with her son Jimmy in an apartment complex in west Atlanta. For a while, Diane was in a romantic relationship with defendant Alton Hooks. By December 1999, however, the relationship had soured, and…
Date: October 6, 2014
Docket Number: S14A1422
Justia Opinion Summary: Appellant Phillip Scruggs and the victim lived together in an apartment. Neighbors could hear them fight with one another almost every day. On the day in question, appellant poured a medium petroleum distillate on the…
Date: October 6, 2014
Docket Number: S14G0431
Justia Opinion Summary: At issue in this case was an “ante litem notice.” Kimberly Myers arrived for class at Dalton State College and allegedly stepped on the edge of an unrepaired pothole in the parking lot and was injured. She received…
Date: October 6, 2014
Docket Numbers: S14Y1413, S14Y1414, S14Y1415, S14Y1416
Date: September 22, 2014
Docket Number: S13G1711
Justia Opinion Summary: In 2007, Larry Thompson executed a continuing guaranty in favor of Lafarge Building Materials, Inc., as part of an application for credit submitted by his company, Elite Dwellings, LLC. During 2008, Elite Dwellings…
Date: September 22, 2014
Docket Number: S13G1812
Justia Opinion Summary: Following an injury in October 1999, Employee filed a claim for workers’ compensation benefits. Shortly thereafter, Employer began paying the first of 32 payments of temporary total disability benefits. Twelve of the…
Date: September 22, 2014
Docket Number: S14A0620
Justia Opinion Summary: Appellant Louise Shorter Barzey challenged the constitutionality of certain provisions in the Workers' Compensation Act that precluded her, as a non-dependent parent, from recovering benefits for the death of her son,…
Date: September 22, 2014
Docket Number: S14A0637
Justia Opinion Summary: Following a jury trial, Tomorris Geiger was found guilty of murder, felony murder, armed robbery, kidnapping, and various other offenses in connection with the shooting deaths of cousins Dewayne and John Bacon. On…
Date: September 22, 2014
Docket Number: S14A0642
Justia Opinion Summary: Appellant Caesar Dupree appealed his convictions for malice murder and two counts of felony murder for the shooting death of John Darrisaw. Dupree's sole argument on appeal challenged the sufficiency of the evidence to…
Date: September 22, 2014
Docket Number: S14A0675
Justia Opinion Summary: In April 1991, Appellant Allen Grace and Willie Parris entered a grocery store in Thomas County with the intent to rob it while Appellant’s uncle stood watch outside. A store employee, Anthony Justiss, was shot once in…
Date: September 22, 2014
Docket Number: S14A0690
Justia Opinion Summary: Defense counsel in this case advised petitioner that a guilty plea to a burglary charge "may" have had an impact on petitioner's immigration status. The consequences of the plea were clear: a conviction constituted an…
Date: September 22, 2014
Docket Number: S14A0768
Justia Opinion Summary: Cleo Hampton, Jr. appealed the denial of his motion for new trial following his convictions for malice murder and possession of a firearm during the commission of murder in connection with the fatal shooting of Jared…
Date: September 22, 2014
Docket Numbers: S14A0784, S14A0785
Justia Opinion Summary: This appeal stemmed from complaints filed by appellants Advanced Disposal Services Middle Georgia, LLC and Lowndes County, seeking injunctions prohibiting appellee Deep South Sanitation, LLC from providing solid waste…
Date: September 22, 2014
Docket Number: S14A0793
Justia Opinion Summary: Appellee Yvonne Butler was a principal at a DeKalb County elementary school. Appellant DeKalb County School District notified appellee it would be terminating her employment for: (1) incompetency; (2) insubordination;…
Date: September 22, 2014
Docket Number: S14A0808
Justia Opinion Summary: Andres Rodriguez-Nova was tried by jury and convicted of murder and false imprisonment, both in connection with the death of his girlfriend, Elba Mejia-Mesa. Rodriguez-Nova appealed, contending that the trial court erred…
Date: September 22, 2014
Docket Number: S14A0832
Justia Opinion Summary: Following a jury trial, Mary Ann Bragg was found guilty of malice murder, felony murder, and aggravated assault in connection with the murder of her husband, Tom. On appeal, Bragg argued, among other things, that the…
Date: September 22, 2014
Docket Number: S14A0837
Justia Opinion Summary: Donald Deloatch was tried by jury and convicted of the murder of Jermaine Bowlds. Deloatch contended on appeal that his trial counsel was ineffective in several respects, namely by failing to conduct an adequate…
Date: September 22, 2014
Docket Number: S14A0853
Justia Opinion Summary: Calvin Wiggins appealed the denial of his motion for new trial, and his convictions for felony murder while in the commission of aggravated assault and possession of a firearm during the commission of a felony in…
Date: September 22, 2014
Docket Numbers: S14A0882, S14A0883
Justia Opinion Summary: Appellants Robert Walker and Tasha Flowers were tried together and convicted of felony murder and possession of a firearm during the commission of a felony following a drive-by shooting into a bar in Columbus. Both…
Date: September 22, 2014
Docket Number: S14A0901
Justia Opinion Summary: In March 2007, a grand jury indicted Appellant Tyrone Brown, along with co-defendants Kevin Michael Brewington and Gary Hakeem Brown, each with two counts of malice murder, four counts of felony murder, armed robbery,…
Date: September 22, 2014
Docket Number: S14A0921
Justia Opinion Summary: Prisoner Dustin Coulter, acting pro se, appealed the denial of his motion for an out-of-time appeal after he pled guilty to two counts of malice murder. He argued he was denied a direct appeal due to ineffective…
Date: September 22, 2014
Docket Number: S14A0937
Justia Opinion Summary: James Hundley, Jr. was tried by jury and convicted of murder and unlawful possession of a firearm during the commission of a felony, both in connection with the shooting death of Ida Golson. Hundley appealed, arguing he…
Date: September 22, 2014
Docket Number: S14A0962
Justia Opinion Summary: Appellant Ahmad Gill was convicted of malice murder and other related crimes involving the shooting of a security guard working at a strip club in the early morning hours of November 21, 2010. He appealed, arguing the…
Date: September 22, 2014
Docket Number: S14A0979
Justia Opinion Summary: In his first appeal, Louis Trauth was improperly forced to proceed pro se. The Supreme Court affirmed the trial court’s decision to deny Trauth’s motion to withdraw his guilty plea for malice murder. New counsel began…
Date: September 22, 2014
Docket Number: S14A0988
Justia Opinion Summary: Appellant Patrick Moore was convicted by jury of murder and related offenses for the 2011 shootings of Erica Peterson, Fabian Ellis, and Jervod Jarvis, and shooting death of Tracy Burton. Appellant appealed the denial of…
Date: September 22, 2014
Docket Number: S14A1006
Justia Opinion Summary: In 2002, Appellant David Hill, Orlando Culler, and Trayeon White were jointly tried and convicted of the 2001 felony murder of Alvita Waller and the aggravated assaults of Terrell Mills and Anthony Hunter. Hill was…
Date: September 22, 2014
Docket Number: S14A1055
Justia Opinion Summary: This case arose from a title dispute. Appellants Mark and Becky Kelley and appellees Erich and Suzette Randolph were adjoining property owners. Their backyards are partly contiguous with a strip of land between their…
Date: September 22, 2014
Docket Number: S14A1096
Justia Opinion Summary: Following a jury trial, Marquis Wingster was found guilty of malice murder, felony murder, and various other offenses in connection with the shooting death of Mark Boston. On appeal Wingster argued (among other things)…
Date: September 22, 2014
Docket Number: S14A1099
Justia Opinion Summary: Gary Kilgore was tried by jury and convicted of the murder of Souphoth Thammavongsa, as well as several other crimes related to the robbery of a video store that Thammavongsa owned. Kilgore appealed, arguing the trial…
Date: September 22, 2014
Docket Numbers: S14A1109, S14A1110
Justia Opinion Summary: Following a joint jury trial regarding the murder of Robert Burdette and the related arson of Burdette’s car with his body inside, co-defendants Emily Perera and Miguel Alma appealed their convictions, contending, among…
Date: September 22, 2014
Docket Number: S14A1187
Justia Opinion Summary: William Hardman III (Father) appealed the trial court’s grant of summary judgment and award of attorney fees to Mary Hardman (Mother), in an action he filed for declaratory judgment and contempt based on the parties'…
Date: September 22, 2014
Docket Number: S14G0360
Justia Opinion Summary: The Georgia Department of Corrections (GDOC) entered into a construction contract with Lewis Walker Roofing (Walker Roofing) to re-roof several buildings at Valdosta State Prison. The Contract contained two “no…
Date: September 22, 2014
Docket Number: S14Q0623
Date: July 11, 2014
Docket Number: S13G1048
Justia Opinion Summary: Velicia Carter was injured in an automobile collision with Jeova Oliviera. It was alleged that Oliviera was under the influence of alcohol at the time. Oliviera had an auto liability insurance policy with GEICO General…
Date: July 11, 2014
Docket Number: S13G1127
Justia Opinion Summary: In this case, the Georgia Department of Human Services, Family and Children Services (DFCS) granted appellee Jerry Glover's application for Medicaid benefits but imposed a multi-month asset transfer penalty on him…
Date: July 11, 2014
Docket Number: S13G1197
Justia Opinion Summary: The trial court certified a class of plaintiffs in this lawsuit against the Department of Human Services. The Department appealed, and in "Deal v. Miller," (739 SE2d 487) (2013)), the Court of Appeals reversed,…
Date: July 11, 2014
Docket Number: S13G1582
Justia Opinion Summary: The issue this case presented to the Supreme Court centered on whether a condemnor may voluntarily dismiss a condemnation action, without the consent of the court or the condemnee, after a special master has entered his…
Date: July 11, 2014
Docket Number: S13G1723
Justia Opinion Summary: The named plaintiffs in this class action owned real property in Mallard Pointe, a residential neighborhood in Effingham County. Georgia-Pacific Consumer Products, LP has operated the Savannah River Mill nearby since…
Date: July 11, 2014
Docket Number: S14A0220
Justia Opinion Summary: Warden Gregory McLaughlin appealed the grant of a writ of habeas corpus to William Payne. In 2006, Payne was convicted on two counts of aggravated child molestation, three counts of child molestation, and one count of…
Date: July 11, 2014
Docket Number: S14A0391
Justia Opinion Summary: n November 2005, Appellant Richard Mitchell obtained title to property located in Alpharetta and executed a security deed in favor of MERS, who subsequently assigned the security deed to Wells Fargo as trustee. The…
Date: July 11, 2014
Docket Number: S14A0395
Justia Opinion Summary: In August 2004, Jimmie Ray Williams filed a pro se petition for habeas corpus alleging, among other claims, that Billy Grantham, his attorney at trial and on direct appeal, provided ineffective assistance of counsel. In…
Date: July 11, 2014
Docket Number: S14A0563
Justia Opinion Summary: Derrick Heard appealed his conviction for the murder of Robert Ledbetter. Heard argued on appeal that his constitutional right to a speedy trial was violated; that the trial court erred by allowing two of the State's…
Date: July 11, 2014
Docket Number: S14A0578
Justia Opinion Summary: Appellant Fredrick Choisnet, Jr. was indicted and tried for murder and related charges in connection with the stabbing death of his elderly father. Appellant pled not guilty by reason of insanity as he was under the…
Date: July 11, 2014
Docket Number: S14F0321
Justia Opinion Summary: In 2011, Husband, proceeding pro se, filed a complaint for divorce from Wife. Wife responded and filed a counterclaim for divorce. A few months later, Husband filed a voluntary dismissal of his complaint pursuant to OCGA…
Date: July 11, 2014
Docket Number: S14Q0454
Justia Opinion Summary: The U.S. District Court for the Northern District of Georgia certified a question of Georgia law to the Georgia Supreme Court. As the receiver of the Buckhead Community Bank, the Federal Deposit Insurance Corporation…
Date: June 30, 2014
Docket Number: S13G1167
Justia Opinion Summary: In August 2010, a City of Norcross police officer stopped Sonia Rodriguez, and found more than four ounces of marijuana in her car. Rodriguez was indicted for possession of marijuana with intent to distribute, and she…
Date: June 30, 2014
Docket Number: S13G1651
Justia Opinion Summary: Nancy Murphy and John Murphy divorced in 2006. In 2012, Mr. Murphy filed an action to modify the child custody provisions contained in the parties’ divorce decree. After the case was assigned to Judge Baldwin, Ms. Murphy…
Date: June 30, 2014
Docket Number: S14A0043
Justia Opinion Summary: Appellant Orville Francisco Cotto Rivera (a/k/a Anderson Jurkewicz) was convicted of malice murder, felony murder, and aggravated assault in connection with the 2011 stabbing death of Neriton Souza Do Amaral. Rivera…
Date: June 30, 2014
Docket Number: S14A0187
Justia Opinion Summary: Plaintiffs James Hansen and 30 other DeKalb County residents sought to obtain certain information from the DeKalb County Board of Tax Assessors in connection with their 2012 property tax assessments. The trial court…
Date: June 30, 2014
Docket Number: S14A0309
Justia Opinion Summary: Kristin May was employed as a teacher at River Ridge High School, a public secondary school. In January 2011, May spoke with a former student, sixteen-year-old P. M., who no longer was enrolled as a student at River…
Date: June 30, 2014
Docket Number: S14A0433
Justia Opinion Summary: Appellants Nettie Lilly and Janet Anderson filed a complaint against appellee Sharon Heard, seeking a writ of quo warranto to remove her from the Baker County Board of Education. Heard moved to dismiss the complaint on…
Date: June 30, 2014
Docket Number: S14A0513
Justia Opinion Summary: Appellee Thomas Nankervis’ was prosecuted for methamphetamine trafficking. After the jury returned a guilty verdict, the trial court held that the methamphetamine trafficking statute was unconstitutional and sentenced…
Date: June 30, 2014
Docket Number: S14A0551
Justia Opinion Summary: Louis Porras was tried by jury and convicted of murder, as well as two crimes involving the unlawful possession of a firearm, all in connection with the killing of Jameelah Qureshi. Porras appealed, contending that the…
Date: June 30, 2014
Docket Number: S14A0558
Justia Opinion Summary: Appellant Donterrius Johnson was convicted of two counts of felony murder and related offenses in connection with the beating deaths of two victims in separate incidents in 2009. Johnson appealed, challenging the…
Date: June 30, 2014
Docket Number: S14A0759
Justia Opinion Summary: Appellant Colleen Gunderson and appellee Ronald Sandy were divorced in 2010. The decree of divorce provided both with approximately equal physical custody time with their children. Gunderson remarried and moved, and at…
Date: June 30, 2014
Docket Number: S14A0792
Justia Opinion Summary: The issue this case presented to the Supreme Court centered on the superior court's validation of a $3.6 million bond, known as the Paulding County Airport Authority Revenue Bond. The Airport Authority and Silver Comet,…
Date: June 30, 2014
Docket Number: S14A0926
Justia Opinion Summary: Before he committed suicide in September 2012, twenty-two-year old Christopher Landry had been under the care of appellant, psychiatrist Crit Cooksey. In August 2012, Dr. Cooksey prescribed both Seroquel and Cymbalta for…
Date: June 30, 2014
Docket Number: S14A0941
Justia Opinion Summary: Appellant Devarryl Batten was convicted of malice murder and other crimes in connection with the shooting death of Donald Driver. He appealed, arguing, inter alia, that the trial court erred in failing to grant his…
Date: June 30, 2014
Docket Numbers: S14G0341, S14G0346
Justia Opinion Summary: The issues this case presented to the Supreme Court both arose from the Georgia Department of Community Health's ("DCH's") granting of an application for a Certificate of Need ("CON") to develop an outpatient ambulatory…
Date: June 30, 2014
Docket Numbers: S14Y0812, S14Y0813, S14Y0814
Date: June 16, 2014
Docket Number: S13G1152
Justia Opinion Summary: In the spring of 2009, Haley Maxwell was a student at Agnes Scott College in Decatur, Georgia. Maxwell reported that she had been beaten and brutally sexually assaulted in her dorm room during the early morning hours of…
Date: June 16, 2014
Docket Number: S13G1555
Justia Opinion Summary: David Lee Couch filed a tort lawsuit against the Georgia Department of Corrections. After the Department rejected Couch's offer to settle the case for $24,000, the case proceeded to trial, where the jury returned a…
Date: June 16, 2014
Docket Number: S13G1733
Justia Opinion Summary: Appellee Ursula MacDowell was referred by another dentist to both Dr. Steven Gallant, a general practitioner with a specialty in prosthetics, and Mollie Ann Winston, D.D.S., an oral surgeon, for them jointly to provide…
Date: June 16, 2014
Docket Number: S14A0111
Justia Opinion Summary: Appellant Marcus Oliphant was convicted of malice murder and 15 other offenses in connection with a 2006 armed robbery and shooting at a mobile home park in Carrollton. Appellant challenged his convictions and sentences,…
Date: June 16, 2014
Docket Numbers: S14A0225, S14A0226
Justia Opinion Summary: In May 2000, appellant William Henderson pled guilty to two counts of murder and numerous other crimes. Appellant filed a pro se motion for an out-of-time appeal in June 2012, which the trial court denied. The Supreme…
Date: June 16, 2014
Docket Number: S14A0303
Justia Opinion Summary: Appellant Paul Sherman was convicted of felony murder, aggravated assault, concealing the death of another, and obstruction of a law enforcement officer in connection with the 2010 death of Joanne Kent. Appellant…
Date: June 16, 2014
Docket Number: S14A0367
Justia Opinion Summary: When the police officer approached him and asked what was going on, appellant Robert Johnson stated, "She pissed me off, man." A rifle was found behind the back seat of appellant's SUV. After he was taken into custody…
Date: June 16, 2014
Docket Number: S14A0410
Justia Opinion Summary: In 2011, a grand jury indicted Marquis Lowe for malice murder, felony murder while in the commission of aggravated assault, felony murder while in the commission of aggravated battery, aggravated assault, aggravated…
Date: June 16, 2014
Docket Number: S14A0441
Justia Opinion Summary: Lorenzo Lindsey appealed the denial of his motion for new trial, as amended, following his convictions for malice murder and criminal solicitation to commit murder in connection with the fatal shooting of Marcus Taylor.…
Date: June 16, 2014
Docket Number: S14A0482
Justia Opinion Summary: Appellant Christopher Sutton was one of five perpetrators who conspired to rob the murder victim, a tattoo artist. Appellant was convicted of malice murder and other crimes in connection with the shooting death of the…
Date: June 2, 2014
Docket Number: S13G1274
Justia Opinion Summary: The issue this case presented to the Supreme Court stemmed from litigation involving the dissolution of an anesthesiology practice. Plaintiffs Angel Cancel, M.D., Pravin Jain, M.D., Grace Duque-Dizon, M.D., and Monajna…
Date: June 2, 2014
Docket Number: S13G1612
Justia Opinion Summary: Dwight Brown, a former President and CEO of Cobb Electric Membership Corporation (Cobb EMC), was indicted in 2011 on charges of theft by taking, filing false statements, conspiracy to defraud Cobb County and the Cobb…
Date: June 2, 2014
Docket Numbers: S14A0191, S14A0190
Justia Opinion Summary: Deonshowna Jarnigan and Grant Alexander Davis were tried together and convicted by jury for the murder of Dontavious Blair, among other crimes. Jarnigan and Davis appeal, both contending that the trial court improperly…
Date: June 2, 2014
Docket Number: S14A0218
Justia Opinion Summary: Appellant Andre Desire was convicted of felony murder and theft by taking in connection with the strangulation death of Amado Diaz-Avila. He unsuccessfully moved for a new trial and appealed, arguing the trial court…
Date: June 2, 2014
Docket Number: S14A0317
Justia Opinion Summary: Appellee John Wyatt was indicted on seven charges related to the death of two-year-old Andrea Marginean. After the trial court granted his special demurrers on four of the counts, the State filed an interlocutory appeal.…
Date: June 2, 2014
Docket Number: S14A0396
Justia Opinion Summary: Appellant Latilia Hicks, Leo Sanders, Darrian Pye, and Lorenzo Chambers were jointly indicted for felony murder and numerous other crimes relating to the shooting death of Maynon Freeman. Sanders pled guilty to voluntary…
Date: June 2, 2014
Docket Number: S14A0399
Justia Opinion Summary: Appellant Steven Phillip Smith appealed his convictions for the felony murder of Jatinjumar "Justin" Patel, and for other crimes. Appellant raised multiple issues as grounds for appeal: (1) the trial court erred in…
Date: June 2, 2014
Docket Number: S14A0504
Justia Opinion Summary: A grand jury returned an indictment charging appellant Randy Murray with malice murder, felony murder (aggravated assault), felony murder (possession of a firearm by a convicted felon), aggravated assault, possession of…
Date: June 2, 2014
Docket Number: S14A0530
Justia Opinion Summary: In 2010, a grand jury indicted Carlos Hamilton for malice murder, felony murder while in the commission of the crime of aggravated assault, felony murder while in the commission of the crime of possession of a firearm by…
Date: June 2, 2014
Docket Number: S14A0536
Justia Opinion Summary: Appellant Donna Slaughter appealed her convictions for the shooting death of Michael Haegle. Appellant argued: (1) the evidence was insufficient to convict her of the crimes for which she was charged; and (2) the trial…
Date: May 19, 2014
Docket Number: S13G1133
Justia Opinion Summary: The Fulton County Solicitor’s Office filed accusations against Appellant John Williamson, charging him with DUI per-se, DUI less-safe, and failure to maintain lane. Williamson filed a speedy trial demand. Prior to this…
Date: May 19, 2014
Docket Number: S14A0092
Justia Opinion Summary: Defendant Warren Hill was convicted of murdering a fellow inmate by beating him to death with a sink leg embedded with nails. The jury sentenced him to death, and the Supreme Court affirmed. The sentencing court issued…
Date: May 19, 2014
Docket Number: S14A0168
Justia Opinion Summary: Appellant Richard Geiger was sentenced to life imprisonment after he was convicted for the felony murder of his live-in girlfriend, predicated upon aggravated assault by stabbing, plus five years to serve consecutively…
Date: May 19, 2014
Docket Numbers: S14A0273, S14X0274
Justia Opinion Summary: The issue this case presented to the Georgia Supreme Court centered on a dispute over the legal ownership of mineral rights to land located in Bartow County. On cross motions for summary judgment, the trial court…
Date: May 19, 2014
Docket Number: S14A0302
Justia Opinion Summary: Appellant Terry Franklin and Maurice Coleman severely beat Kenneth Briddell who died from his injuries three months later. On appeal, appellant alleged the evidence was insufficient to convict him of felony murder. At…
Date: May 19, 2014
Docket Number: S14A0404
Justia Opinion Summary: Kevin Wayne Faulkner was tried by jury and convicted of murder and other crimes in connection with the fatal shooting of Emmanuel Dawson. He appealed, contending: (1) that the evidence was legally insufficient to sustain…
Date: May 19, 2014
Docket Number: S14F0106
Justia Opinion Summary: Appellant George White (Husband) and appellee Vanessa Howard (Wife) divorced in 2007. Among other things, the final divorce decree: (1) required Husband to obtain a $100,000 term life insurance policy, naming Wife as the…
Date: May 5, 2014
Docket Number: S13G1626
Justia Opinion Summary: In 2010, Monica Williams was shot and killed at an apartment complex managed by Appellees UFRA-Sexton, LP and Signature Management Corporation ("UFRA-Sexton"). Appellant Belinda Hodge was Williams' sister. Kristi Bussey…
Date: May 5, 2014
Docket Number: S14A0157
Justia Opinion Summary: This appeal stemmed from a dispute over equipment owned by Tri-State Concrete Contracting, an unincorporated sole proprietorship. Abel Ramirez worked at Tri-State, and when its proprietor, DuWayne Juhnke, died. Ramirez…
Date: May 5, 2014
Docket Number: S14A0260
Justia Opinion Summary: Ellis and Tomasia Ammons, the propounders of a will of Eulady Thomas, appealed a trial court judgment granting a directed verdict in favor of the caveators in a trial of the caveat to the will. Thomas executed a will in…
Date: May 5, 2014
Docket Number: S14A0412
Justia Opinion Summary: This case centered on two actions filed by Keith DeCay concerning the ownership of four tracts of land located at 629 Boulevard in Atlanta: (1) a quiet title action and (2) a breach of contract action against the Federal…
Date: May 5, 2014
Docket Number: S14A0439
Justia Opinion Summary: Alfred Alexander was indicted in 2004, and charged with malice murder, felony murder, and cruelty to a child in the first degree, all in connection with the death of his infant son, Elijah. A jury returned unanimous…
Date: May 5, 2014
Docket Number: S14A0491
Justia Opinion Summary: Appellant Sephus Wells was convicted of felony murder based on aggravated assault with a deadly weapon and possession of a firearm during the commission of a felony, in connection with the shooting death of Corey…
Date: May 5, 2014
Docket Number: S14A0501
Justia Opinion Summary: Following a jury trial, Douglas Davis was found guilty of malice murder, three counts of felony murder, and various other offenses in connection with the shooting death of Robert Gresham. On appeal, Davis argued that the…
Date: May 5, 2014
Docket Number: S14A0537
Justia Opinion Summary: Following the denial of his motion for new trial, Orlando Dyer appealed his conviction for felony murder while in the commission of aggravated battery in connection with the death of his infant daughter, Azyani. He…
Date: May 5, 2014
Docket Number: S14F0265
Justia Opinion Summary: Husband Joseph McCarthy filed an application for discretionary appeal, following the trial court's denial of his motion to set aside a final decree regarding his divorce from Wife Annie Ashment-McCarthy. Following a…
Date: April 22, 2014
Docket Number: S13G1070
Justia Opinion Summary: Dennis Cosmo was convicted of, among other things, a violation of section (d) (1) of the former version of the “Computer or Electronic Pornographic and Child Exploitation Prevention Act” prior to the statute’s amendment…
Date: April 22, 2014
Docket Number: S14A0009
Justia Opinion Summary: Appellant Stephen Clark West was convicted of malice murder in connection with the death of Kaylee Kipp and cruelty to children in the first degree for causing Kaylee’s older sisters, S.K. and A.K., severe physical and…
Date: April 22, 2014
Docket Number: S14A0100
Justia Opinion Summary: Roland Wilson appealed his conviction for felony murder for the beating death of William Okafor. Appellant challenged the sufficiency of the evidence supporting his conviction, the trial court’s admission of hearsay…
Date: April 22, 2014
Docket Number: S14A0224
Justia Opinion Summary: Appellant William Cobb was convicted of child molestation and related crimes involving three of his children and sentenced to life in prison plus 140 years. His conviction was upheld by the Court of Appeals. The only…
Date: April 22, 2014
Docket Number: S14A0230
Justia Opinion Summary: Following the denial of his motion for new trial, Carl Gibbs appealed his convictions for malice murder, armed robbery, and two counts of possession of a firearm during the commission of a crime in connection with the…
Date: April 22, 2014
Docket Number: S14A0235
Justia Opinion Summary: Appellant Rodney Thompson was convicted of the felony murder of his mother, Marjorie Lynch. On appeal, he argued the evidence presented at trial was insufficient to support his conviction and that the trial court erred…
Date: April 22, 2014
Docket Numbers: S14A0300, S14A0301
Justia Opinion Summary: Following a jury trial, Eric Castro was found guilty of malice murder, two counts of felony murder, and various other offenses in connection with the death of two-year-old Kailee Parker. Heather Parker, Kailee’s mother,…
Date: April 22, 2014
Docket Number: S14A0312
Justia Opinion Summary: Steven Green appealed the denial of his motion for new trial and his convictions for malice murder, burglary, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by…
Date: April 22, 2014
Docket Numbers: S14A0510, S14A0512
Justia Opinion Summary: Following his divorce from Leanne Williams (Wife), Christopher Williams (Husband) filed two motions: one to modify custody and reduce child support and another to hold Wife in contempt for violating Husband’s custody and…
Date: April 22, 2014
Docket Number: S14A0586
Justia Opinion Summary: The Supreme Court held in "Zigan v. Georgia," (638 SE2d 322 (2006)), that the State may insist that an accused be tried by a jury, even when the accused would prefer to be tried by a judge. In this case, Ebony Smith asks…
Date: April 22, 2014
Docket Number: S14A0589
Justia Opinion Summary: Appellant Brandon Mosley appealed his convictions for malice murder and other crimes relating to the shooting death of Angelo Larocca. His sole issue on appeal was that his trial counsel provided constitutionally…
Date: April 22, 2014
Docket Number: S14A0634
Justia Opinion Summary: Appellant Devon Grant was convicted of malice murder and possession of a firearm during the commission of a crime in connection with the shooting death of Kattilius Middlebrooks. He appealed the denial of his motion for…
Date: April 22, 2014
Docket Number: S14F0236
Justia Opinion Summary: This appeal stems from a divorce action filed by appellant Kathryn Brookfield Hoover (Wife) against Richard Craig Hoover (Husband). Wife requested a jury trial, and the court bifurcated the proceedings, first hearing the…
Date: March 17, 2014
Docket Number: S13A1307
Justia Opinion Summary: Appellant Husband is a native of Pakistan and has dual Pakistani and American citizenship. Appellee Wife is a natural born American of Pakistani descent. The parties' two minor male children are American born. The trial…
Date: March 17, 2014
Docket Number: S13A1344
Justia Opinion Summary: Anthony Bostic appealed his convictions and sentences for: the malice murder of Brian Patterson; the aggravated assaults of Quantavious Robinson, Dwayne Branker, Twahnica Mills, Latavia Hollinger, Anastecia Davis-Romero,…
Date: March 17, 2014
Docket Number: S13A1433
Justia Opinion Summary: Pedro Lee Walker appealed his convictions and sentences for malice murder and armed robbery in connection with the death of Christopher Shuman. On appeal, Walker argued that the State did not adequately show the chain of…
Date: March 17, 2014
Docket Numbers: S13A1472, S13X1473
Justia Opinion Summary: In 2002, Artemus Walker was tried by jury and convicted of the murder of Lynwood Ray Gresham, as well as several related crimes. For murder, he was sentenced to death, and for the other crimes, he was sentenced to terms…
Date: March 17, 2014
Docket Number: S13A1475
Justia Opinion Summary: Premier Petroleum, Inc. appealed the confirmation of the sale of a gas station held in receivership, entered after the superior court determined that a restrictive covenant Premier signed with a third party to encumber…
Date: March 17, 2014
Docket Number: S13A1583
Justia Opinion Summary: Appellant Mark Reed was convicted of malice murder and other offenses in connection with the 2007 shooting death of Marlon Green. Proceeding pro se, Reed appealed the denial of his motion for new trial on numerous…
Date: March 17, 2014
Docket Number: S13A1608
Justia Opinion Summary: Appellant Deanthony Hartsfield was convicted of felony murder, armed robbery, and aggravated assault in connection with the 2010 shooting death of Dominique George. Hartsfield appealed the denial of his motion for new…
Date: March 17, 2014
Docket Number: S13A1650
Justia Opinion Summary: In late 2012, appellee Apple Inc. petitioned for a temporary restraining order (TRO) and an injunction under OCGA 34-1-7 against appellant Catherine Danforth, a former employee who had worked at an Apple store at in…
Date: March 17, 2014
Docket Number: S13A1696
Justia Opinion Summary: Appellant Antonio Hamm was convicted of murder and related offenses in connection with the 2008 shooting death of J. Remedios Ruiz-Mendieta. Appellant appealed the denial of his motion for new trial, contending that the…
Date: March 17, 2014
Docket Number: S13A1786
Justia Opinion Summary: Appellant Tyrone Wright was convicted of malice murder, felony murder, aggravated assault, and possession of a firearm during the commission of a felony in connection with the 2009 shooting death of Cedric Finley. The…
Date: March 17, 2014
Docket Number: S13A1893
Justia Opinion Summary: Appellant Kevin Peoples was convicted of felony murder and several other crimes in connection with a home invasion that resulted in the shooting death of J.R. Morrow. On appeal, he contended that: (1) the evidence at…
Date: March 17, 2014
Docket Number: S13G0582
Justia Opinion Summary: Appellee AGCO Corporation (AGCO) manufactured and sold a self-propelled, agricultural spray applicator called the "RoGator." In 2005, AGCO began offering an Extended Protection Plan (EPP) to its RoGator customers.…
Date: March 17, 2014
Docket Number: S13G0590
Justia Opinion Summary: The Supreme Court granted certiorari to consider whether the Court of Appeals properly applied the principle of "priority jurisdiction" when it held that the Superior Court lacked jurisdiction to terminate Emmanuel…
Date: March 17, 2014
Docket Number: S13G0645
Justia Opinion Summary: Anthony Hargis was tried by jury and convicted of several crimes relating to the illegal manufacture of methamphetamine. Following the denial of his motion for new trial, Hargis appealed, asserting seven claims of error,…
Date: March 17, 2014
Docket Number: S13G0655
Justia Opinion Summary: The Public School Employees Retirement System of Georgia (PSERS) filed suit against Appellant Leroy Ayers to recover three months of benefit payments to his mother that PSERS mistakenly made after Mrs. Ayers had died. A…
Date: March 17, 2014
Docket Number: S13G1042
Justia Opinion Summary: Kenneth Scott was convicted of trafficking in cocaine and related charges after he was found in possession of packets of powder cocaine, a "slab" of cocaine, crack cocaine packaged for resale, packages of marijuana, a…
Date: March 17, 2014
Docket Number: S13G1554
Justia Opinion Summary: Edgar Betancourt and appellant Oscar Hernandez were tried by a jury and convicted of trafficking cocaine. At trial, the State presented evidence that Betancourt and Hernandez were stopped by law enforcement officers in…
Date: March 17, 2014
Docket Number: S13G1709
Justia Opinion Summary: Robert Haege died in 2006. Three months earlier, Haege made a will, in which he left his “personal assets” to his brother and sister, and in which he left his “business interests, both tangible and intangible, real or…
Date: March 17, 2014
Docket Number: S14A0034
Justia Opinion Summary: Anthony Bonner was tried by jury and convicted of the murder of Terry Adams, the aggravated assault of Kenneth Perkins, and theft by receiving a stolen vehicle. On appeal, he argued that he was denied the effective…
Date: March 17, 2014
Docket Number: S14A0114
Justia Opinion Summary: In 2010, the City of Sandy Springs and two individual homeowners, John E. Balsam and Jerry Burnstein, filed suit against Fulton County, its Board of Commissioners, and its Director of Public Works. Sandy Springs sought a…
Date: March 17, 2014
Docket Number: S14F0006
Justia Opinion Summary: In 1997, Husband began working for Envirotech Environmental Services, Inc., a closely-held Subchapter S corporation. In 1998, Husband purchased 150 shares of stock in Envirotech ($1.00 per share), and made an additional…
Date: March 17, 2014
Docket Numbers: S14Y0137, S14Y0138, S14Y0139, S14Y0140
Date: March 10, 2014
Docket Numbers: S13A1395, S13A1396
Justia Opinion Summary: Monroe and Bibb Counties have fought over the true boundary line separating the two. At some time during the fight, the Superior Court attempted to resolve the dispute by ordering the Secretary of State to accept a line…
Date: March 10, 2014
Docket Number: S13A1566
Justia Opinion Summary: Landowners appealed the Superior Court of Monroe County's denial and dismissal of their petition for a writ of mandamus and related adverse rulings involving their real property tax appeals. Finding no reversible error,…
Date: March 10, 2014
Docket Numbers: S13A1908, S13A1909
Justia Opinion Summary: Appellants Maurice Flournoy and Michael Williams were tried jointly and each was convicted of felony murder and related crimes stemming from an armed robbery during a drug buy. Both filed a motion for new trial, which…
Date: March 10, 2014
Docket Number: S13A1910
Justia Opinion Summary: Joshua Walker appealed his convictions and sentences for felony murder while in the commission of attempted armed robbery, armed robbery, and possession of a firearm during the commission of a felony, all in connection…
Date: March 10, 2014
Docket Number: S13G0668
Justia Opinion Summary: The issue this case presented to the Supreme Court was one of first impression. Appellee David Newton was convicted by jury of burglary, theft by taking, and first degree forgery for taking jewelry while touring a home…
Date: March 10, 2014
Docket Number: S13G1590
Justia Opinion Summary: Donna Austin sued to recover for personal injuries she allegedly sustained when she fell on a sidewalk as she was leaving a graduation ceremony at Peach County High School. She filed the suit against Susan Clark, the…
Date: March 10, 2014
Docket Number: S14A0062
Justia Opinion Summary: Irving Folston was found guilty of malice murder, felony murder and other offenses in connection with the shooting death of Anthony President. On appeal, Folston contended (among other things) that the evidence presented…
Date: March 10, 2014
Docket Number: S14A0241
Justia Opinion Summary: Appellant Karmbi Young was convicted of malice murder and other related crimes relating to the shooting death of Rickey Gibson. He appealed the denial of his motion for new trial in which he claimed the trial court erred…
Date: March 3, 2014
Docket Number: S13A1360
Justia Opinion Summary: Burke County, its Commissioners, and members of the Commission appealed the superior court’s grant of a writ of mandamus requiring the County to repair, maintain and construct certain roads dedicated to the County. In…
Date: March 3, 2014
Docket Number: S13A1390
Justia Opinion Summary: Four children-beneficiaries to the estate of Evelyn Copelan contested her will. Appellants sought to probate a will in which their mother left almost her entire estate to them, leaving only one dollar each to the…
Date: March 3, 2014
Docket Number: S13A1429
Justia Opinion Summary: Nathaniel and Lucy Boyd once owned a small parcel of commercial property in Fulton County, but according to the tax commissioner, they failed to pay their taxes, and as a result, the property was sold at a tax sale. The…
Date: March 3, 2014
Docket Number: S13A1458
Justia Opinion Summary: Appellant Kenneth Lee Inman was convicted for murdering Philip Tedder, kidnapping Tedder and James Niebaum, and related crimes. He appealed his convictions and the trial court’s denial of his motion for new trial.…
Date: March 3, 2014
Docket Number: S13A1486
Justia Opinion Summary: On remand, the trial court granted summary judgment to the Georgia Revenue Commissioner on Southern LNG, Inc.'s request for the writ of mandamus, on the ground that Southern had an adequate alternative remedy in the form…
Date: March 3, 2014
Docket Number: S13A1524
Justia Opinion Summary: Appellant Robert Lee Reeves, Jr., was sentenced to life after a jury found him guilty of felony murder predicated upon aggravated assault. Appellant argued the trial court erred in denying his motion for a new trial…
Date: March 3, 2014
Docket Number: S13A1543
Justia Opinion Summary: Kenneth Brown appealed his convictions and sentences for malice murder, aggravated assault, and giving false information to a law enforcement officer, all in connection with the axe slaying of Charlotte Grant. Finding no…
Date: March 3, 2014
Docket Number: S13A1569
Justia Opinion Summary: Cornelius Moore was tried by jury and convicted of murder and several other crimes, all in connection with the killing of Jezreel Hammond. Moore appealed, arguing that the trial court erred with respect to the admission…
Date: March 3, 2014
Docket Number: S13A1625
Justia Opinion Summary: Husband Ronald Friday appealed the trial court's order on a petition for contempt and a petition for modification of child support in his divorce. The Decree provided for an equitable division of the parties’ retirement…
Date: March 3, 2014
Docket Number: S13A1851
Justia Opinion Summary: Appellant Tony Lamar Thompson appealed his convictions for felony murder and related crimes regarding the death of Reynaldo Jackson. On appeal, he cited several alleged errors at trial, and challenged the sufficiency of…
Date: March 3, 2014
Docket Number: S13A1878
Justia Opinion Summary: Gwinnett County appealed an interlocutory injunction against the County and in favor of Gerard and Jewell McManus. The injunction prohibited the County from using "artificial means" to increase the water and sediment…
Date: March 3, 2014
Docket Number: S13F1561
Justia Opinion Summary: The Supreme Court granted appellant Angela Buckner's (Wife) application for discretionary review of the trial court's order denying her motion to set aside the consent final judgment of divorce filed by appellee Mark…
Date: March 3, 2014
Docket Number: S13G1162
Justia Opinion Summary: O. Wayne Rollins established ten irrevocable trusts, the Rollins Children's Trust (RCT), and nine Subchapter S-trusts, each for the benefit of his nine grandchildren. Wayne's sons, Gary and Randall, and a close friend of…
Date: March 3, 2014
Docket Number: S14A0053
Justia Opinion Summary: Appellant Jason Pierce was indicted in 1999 on charges of malice murder (two counts), felony murder (four counts), aggravated assault (three counts) and possession of a firearm by a convicted felon. He was ultimately…
Date: March 3, 2014
Docket Number: S14A0280
Justia Opinion Summary: Appellant Terry Hagan pled guilty to the malice murder of his wife and the attempted murder of her lover. He was sentenced to serve life in prison with the possibility of parole for the murder and 30 concurrent years for…
Date: March 3, 2014
Docket Number: S14F0181
Justia Opinion Summary: Bruce and Latosha Rose were married in 2003. They had one child who was born in 2007. The couple lived in Gwinnett County and the child attended school there until 2012 when the couple separated. Wife moved to Henry…
Date: March 3, 2014
Docket Numbers: S14Y0029, S14Y0030, S14Y0031, S14Y0032
Date: February 24, 2014
Docket Number: S13A1338
Justia Opinion Summary: The parties in this suit had interests in a parcel of land as tenants in common. The trial court ordered the equitable partition by sale of the parcel. Appellee Sidney C. Mahan, Jr. sought the equitable partition and…
Date: February 24, 2014
Docket Number: S13A1349
Justia Opinion Summary: Appellant Dexter Jones was convicted of felony murder and other crimes in connection with the shooting death of Kenny Johnson. He appealed the trial court's denial of his motion for new trial. Appellant contended that…
Date: February 24, 2014
Docket Number: S13A1368
Justia Opinion Summary: Appellant Waseem Daker was convicted by jury of malice murder, burglary, false imprisonment, aggravated battery and criminal attempt to commit aggravated stalking. In 2012, appellant was sentenced to life in prison and a…
Date: February 24, 2014
Docket Number: S13A1382
Justia Opinion Summary: Appellant Eric Hassel was convicted of felony murder and other offenses in connection with the 2006 shooting death of David Lumpkin. Hassel appealed the denial of his motion for new trial, arguing insufficiency of the…
Date: February 24, 2014
Docket Number: S13A1387
Justia Opinion Summary: Defendant Larry Jenkins appealed the denial of his motion to dismiss the indictment against him and his plea in bar based upon the grounds that his retrial for two murders and related crimes would violate the…
Date: February 24, 2014
Docket Number: S13A1410
Justia Opinion Summary: Solid wate, recycling, composting and waste water processing facility appellant Wilbros, LLC is subject to the requirements of the Georgia Comprehensive Solid Waste Management Act and related regulations. By Consent…
Date: February 24, 2014
Docket Number: S13A1428
Justia Opinion Summary: Mario Hanes was convicted by jury of malice murder and aggravated assault in connection with the shooting death of Monterrance Thomas and injury of Michael Stewart. On appeal, Hanes contended that the trial court erred…
Date: February 24, 2014
Docket Number: S13A1532
Justia Opinion Summary: Following Willie Lewis' 2003 conviction for malice murder and numerous other offenses, his 2005 appeal to the Supreme Court was dismissed as untimely. Lewis filed a pro se extraordinary motion for new trial, and he was…
Date: February 24, 2014
Docket Number: S13A1601
Justia Opinion Summary: In December 2007, appellees Jordan and Renee Conley filed a product liability suit against appellant Ford Motor Company based on a single-vehicle rollover accident that occurred in 2006. The case went to trial in 2009.…
Date: February 24, 2014
Docket Number: S13A1610
Date: February 24, 2014
Docket Number: S13A1620
Justia Opinion Summary: Melvin Washington, Jr. was tried by jury and convicted of murder and the unlawful possession of a firearm during the commission of a felony. He appealed, arguing: (1) the evidence was insufficient to support his…
Date: February 24, 2014
Docket Number: S13A1687
Justia Opinion Summary: Appellant Lamario Barge appealed his felony murder conviction for the shooting death of Steven Bass. On appeal to the Supreme Court, appellant argued: (1) the evidence presented against him was insufficient to support a…
Date: February 24, 2014
Docket Number: S13A1705
Justia Opinion Summary: In 2005, David and Yvonne Barker divorced. Seven years later, David filed a petition in a Gwinnett County court to enforce certain provisions of the original decree by contempt and to modify certain other provisions of…
Date: February 24, 2014
Docket Number: S13A1717
Justia Opinion Summary: In 2012, Lewis Carlton made several telephone calls to neighbors of the foster mother of his three children. Representing himself as an employee with the Georgia Division of Family and Children Services (DFCS), Carlton…
Date: February 24, 2014
Docket Number: S13A1842
Justia Opinion Summary: Kenneth Dubose appealed his conviction and sentence for felony murder. He raised multiple alleged errors at trial to challenge his conviction. Finding none, the Supreme Court affirmed the conviction and sentence.
Date: February 24, 2014
Docket Number: S13A1904
Justia Opinion Summary: Appellant Charles Warren was indicted for sending an unsolicited text message containing an image of his genitalia to a woman without notifying her in advance that the message contained nudity. Appellant filed a general…
Date: February 24, 2014
Docket Number: S13G0602
Justia Opinion Summary: The Supreme Court granted certiorari in this case to determine whether the doctrine of sovereign immunity barred injunctive relief at common law. Appellees Center for a Sustainable Coast, Inc. (and David and Melinda…
Date: February 24, 2014
Docket Number: S13G0657
Justia Opinion Summary: In a medical malpractice action, the Supreme Court granted certiorari to determine whether it was wrong for the appellate court to reverse the trial court's denial of defendant's motion for summary judgment. The…
Date: February 24, 2014
Docket Number: S14A0036
Justia Opinion Summary: Lenzie Wilkerson appealed a lower court's denial of habeas relief, contending that the evidence presented at his trial was insufficient, under "Garza v. State," (670 SE2d 73 (2008)). He was convicted on kidnapping…
Date: February 24, 2014
Docket Number: S14A0158
Justia Opinion Summary: Appellant Brandon Johnson was indicted with his uncle, Charles Ellery, on charges of malice murder, felony murder, aggravated assault, and possession of a firearm during commission of a crime. After a joint jury trial,…
Date: January 27, 2014
Docket Number: S13A1323
Justia Opinion Summary: Kenneth Victor Ramirez was convicted of the murder of Thomas Branch. He appealed the conviction, arguing that the evidence was insufficient to sustain his conviction. Upon review, the Supreme Court concluded the evidence…
Date: January 27, 2014
Docket Number: S13A1337
Justia Opinion Summary: Appellant Stanquise Ramon Bell was sentenced to life imprisonment plus five years upon the jury's verdict finding him guilty of malice murder and other offenses in connection with the 2010 shooting death of Anthony…
Date: January 27, 2014
Docket Number: S13A1366
Justia Opinion Summary: Following a jury trial, Justin Moore was found guilty of felony murder and various other offenses in connection with the shooting death of Brandon Thomas. On appeal, he argued the trial court erred in denying his motion…
Date: January 27, 2014
Docket Number: S13A1564
Justia Opinion Summary: Appellant Lecester "Buddy" Woodall, Jr., was convicted of felony murder and armed robbery in connection with the September 4, 2000 shooting deaths of his uncle John Lavelle Lynn and Robert Van Allen. Appellant raised…
Date: January 27, 2014
Docket Number: S13A1690
Justia Opinion Summary: Following a jury trial, Michael Moore was found guilty of malice murder, felony murder, attempt to commit a violation of the Georgia Controlled Substances Act, and various other offenses in connection with the shooting…
Date: January 27, 2014
Docket Number: S13A1745
Justia Opinion Summary: This case involved a dispute over title to a 7.63 acre parcel of land located in Bacon County. The parcel was originally part of a 95-acre parcel owned by H.S. Carter that was taken by Bacon County via eminent domain…
Date: January 27, 2014
Docket Number: S13A1780
Justia Opinion Summary: Following a jury trial, Tony Van was found guilty of murder, felony murder, aggravated assault, and two counts of possession of a firearm during the commission of a crime. He appealed, arguing that the trial court gave…
Date: January 27, 2014
Docket Number: S13A1853
Justia Opinion Summary: After this divorce proceeding returned to the trial court on remand from "Horn I," the Husband filed a motion to recuse the assigned trial judge, and another judge from the circuit was assigned to hear the recusal…
Date: January 27, 2014
Docket Number: S13G0900
Justia Opinion Summary: In March 2010, Justyna Kunz was involved in a car accident with GEICO's insureds, Crystal, Joseph, and Elizabeth Kalish. Kunz received medical treatment at Athens Regional Medical Center; the Hospital Authority of Clarke…
Date: January 21, 2014
Docket Number: S13A1300
Justia Opinion Summary: Following a jury trial, Reginald Ferguson was found guilty of felony murder, aggravated assault, and possession of a firearm during the commission of a crime in connection with the shooting death of Robert Walton. On…
Date: January 21, 2014
Docket Number: S13A1317
Justia Opinion Summary: Appellant Samantha Latrice Jessie was convicted of killing her newborn son and then concealing his death. Jessie appealed the denial of her motion for new trial, asserting that the evidence was insufficient, her trial…
Date: January 21, 2014
Docket Number: S13A1327
Justia Opinion Summary: Appellant Catherine O'Connell was sentenced to life in prison for the malice murder of her adoptive mother. She appealed, contending the trial court erred by denying her "Batson" challenge and granting a motion in limine…
Date: January 21, 2014
Docket Number: S13A1335
Justia Opinion Summary: Following a jury trial, Dasjwan Foster was found guilty of malice murder and aggravated assault. He appealed, arguing the trial court committed numerous evidentiary errors and handed down an improper sentence. Finding no…
Date: January 21, 2014
Docket Number: S13A1441
Justia Opinion Summary: Appellant LaForrest Rush was convicted of malice murder and possession of a firearm by a convicted felon. He appealed the denial of his motion for new trial contending the evidence was insufficient to support the verdict…
Date: January 21, 2014
Docket Number: S13A1445
Justia Opinion Summary: Appellant Shawn Currier appealed his convictions for felony murder and related crimes stemming from the death of David Buriles. Among other errors, appellant largely challenged the sufficiency of the evidence presented…
Date: January 21, 2014
Docket Number: S13A1504
Justia Opinion Summary: Appellant Franklin Benson appealed his convictions for malice murder and other crimes relating to the death of Leslyan Williams. On appeal, he argued: (1) the evidence was insufficient to support his convictions; (2) the…
Date: January 21, 2014
Docket Number: S13A1521
Justia Opinion Summary: Appellant Randall Spearman was convicted of felony murder, aggravated assault, and concealing a death in connection with the killing of his wife, Adrienne. On appeal, he contended that the trial court: (1) should have…
Date: January 21, 2014
Docket Number: S13A1580
Justia Opinion Summary: Troy Davis, Jr. appealed his conviction for the malice murders of his aunt and uncle. He argued he received ineffective assistance of trial counsel. Finding no violation of Davis' constitutional rights, the Supreme Court…
Date: January 21, 2014
Docket Number: S13A1611
Justia Opinion Summary: Following the trial court's denial of his motion to set aside a ruling finding him to be in contempt of a divorce decree, Alvah Crutchfield appealed, arguing the trial court lacked subject matter jurisdiction over this…
Date: January 21, 2014
Docket Numbers: S13A1635, S13A1636
Justia Opinion Summary: Polo Golf and Country Club (a homeowners association), the Rymers (homeowners in the subdivision), and Forsyth County, all disputed which party was responsible for repairing the stormwater facilities in a subdivision.…
Date: January 21, 2014
Docket Number: S13A1737
Justia Opinion Summary: The parties in this case challenged an order awarding attorney fees under OCGA 9-15-14 for post-divorce litigation. Because the trial court did not hold an evidentiary hearing on the motion for fees and did not make the…
Date: January 21, 2014
Docket Number: S13A1807
Justia Opinion Summary: The issue before the Supreme Court in this case arose from a dispute over title and right of possession of certain real property in Randolph County. The dispute involved the location of the boundary between two adjoining…
Date: January 21, 2014
Docket Number: S13A1862
Justia Opinion Summary: Husband and wife were divorced in 2012. Several months later, the wife filed a petition for contempt, alleging the husband failed to turn over certain jewelry she claimed should have been divided pursuant to the parties'…
Date: January 21, 2014
Docket Number: S13A1886
Justia Opinion Summary: The testator's daughter challenges the propounder's petition to probate a copy of the testator's will. The Probate Court found that the propounder was unable to overcome the presumption that the testator intended to…
Date: January 21, 2014
Docket Number: S13A1898
Justia Opinion Summary: When Jay Kaminsky and Diana Entrekin divorced in 2009, they agreed to a parenting plan by which they would share joint legal custody of their son, but Kaminsky alone would have physical custody of the child. The…
Date: January 21, 2014
Docket Number: S13A1903
Justia Opinion Summary: Following a joint jury trial regarding two separate crimes committed on the same night, defendant Martavious Jackson was found guilty of armed robbery, aggravated assault with a deadly weapon, aggravated battery,…
Date: January 21, 2014
Docket Number: S13G0614
Justia Opinion Summary: In 2010, the Department of Transportation (DOT) initiated condemnation proceedings for property owned by Brian McMeans. The condemnation petition named as defendants, inter alia, McMeans, and McMeans Leasing, Inc. (MLI),…
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