Justia Criminal Law Opinion Summaries
Articles Posted in Georgia Supreme Court
Cowart v. Georgia
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 Giroir and injured Levi. The Supreme Court affirmed Cowart's convictions but remanded his case for resentencing because he was improperly sentenced for two felony murder convictions based on the death of a single victim. The Court reversed Adams's convictions due to the erroneous and harmful admission of evidence bolstering the testimony of the key witness against him.
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Browder v. Georgia
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 of a firearm during the commission of a felony. On appeal, he argued: (1) the evidence was insufficient to support a conviction of murder or aggravated assault; (2) the trial court erred by failing to give requested charges on involuntary manslaughter as a lesser included offense of the murder charge; (3) the trial court erred by admitting out of court statements made by the co-defendant; and (4) the trial court erred in denying his motion for new trial on the ground that he received ineffective assistance of counsel at the trial. Finding no reversible error, the Supreme Court affirmed the trial court in all respects.
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Bester v. Georgia
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 provided ineffective assistance and his claim that the prosecutor violated his equal protection rights by the use of a peremptory strike in selecting the jury. The Supreme Court affirmed Bester's convictions for malice murder and sodomy, but vacated his conviction and sentence for aggravated assault, because that conviction merged with malice murder.
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Alexander v. Georgia
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 court erred by limiting the scope of voir dire and improperly commenting on the evidence. Finding no reversible error, the Supreme Court affirmed. View "Alexander v. Georgia" on Justia Law
Brett v. Georgia
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 denied the motion, finding appellant had failed to show counsel’s performance was deficient. On appeal, appellant maintained his ineffective assistance claim, arguing that counsel failed to object to inadmissible hearsay and failed to appreciate and “adapt” the defenses available to his client during trial. Finding that that trial court did not err in denying Brett's motion for a new trial, the Supreme Court affirmed his convictions. View "Brett v. Georgia" on Justia Law
Jackson v. Georgia
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 robbery, and possession of a firearm during the commission of a felony. On appeal, she contended that the trial court failed to instruct the jury on the corroboration of accomplice witness testimony, that she was prohibited from exploring the bias of one of the State’s witnesses, that trial counsel rendered ineffective assistance, and that the evidence was insufficient to support the verdict. Finding no error at trial, and that Jackson did not prove she received ineffective assistance of trial counsel, the Supreme Court affirmed. View "Jackson v. Georgia" on Justia Law
Dixon v. Georgia
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 violation of what he claims was a previously-invoked right to counsel. In addition, Dixon contended that counsel was ineffective in not objecting to a remark during the State’s opening statement. Finding no error at trial, and that Dixon did not prove he received ineffective assistance of counsel, the Supreme Court affirmed. View "Dixon v. Georgia" on Justia Law
Morris v. Georgia
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 conviction, contending that the trial court erred by refusing to sever a particular count from the others at trial and by admitting certain expert testimony, and that the State failed to prove venue. Finding no error, the Supreme Court affirmed. View "Morris v. Georgia" on Justia Law
Matthews v. Georgia
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 sentencing order from a prior conviction; (2) admitting similar transaction evidence (allowing the State to urge the jury to use the evidence to prove Appellant’s character, and improperly instructing the jury regarding its use); and (3) preventing Appellant from presenting evidence implicating another person in the crimes. Finding no error, the Supreme Court affirmed. View "Matthews v. Georgia" on Justia Law
Kipp v. Georgia
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 another, and two counts of making false statements in connection with the abuse and resulting death of her 18-month-old daughter, Kaylee, and the abuse of her two other minor daughters, S.K. and A.K. She contended that the jury’s verdicts of felony murder and its verdict of involuntary manslaughter were mutually exclusive, and that the trial court erred in imposing the sentences she received. Finding no merit to her contentions but that there was error in the sentencing, the Supreme Court affirmed Kipp's convictions and remanded the case to the trial court for resentencing.
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