Justia Criminal Law Opinion Summaries

Articles Posted in Georgia Supreme Court
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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 Nankervis for manufacturing a controlled substance pursuant to the rule of lenity. The State appealed. The Supreme Court held that the methamphetamine trafficking statute was constitutional and that rule of lenity did not apply in this case. Accordingly, the Court reversed the trial court’s ruling, vacated the judgment in part, and remanded for further proceedings.View "Georgia v. Nankervis" on Justia Law

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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 moved to suppress the discovery of the marijuana, conceding that it was reasonable for the officer to stop and detain her for a brief investigation, but contending that the marijuana was discovered only after her detention was unreasonably prolonged. Following an evidentiary hearing, the trial court denied her motion, but it certified its decision for immediate review, and the Court of Appeals allowed an interlocutory appeal. The appeal eventually was heard by all twelve judges of the Court of Appeals, and although the Court of Appeals entered a judgment affirming the denial of the motion to suppress, only six judges concurred in that judgment. The Supreme Court issued a writ of certiorari to review the Court of Appeals' decision, and after review, concluded that the Court of Appeals never should have rendered any decision in this case and instead should have transferred the appeal to the Supreme Court. Further, the Court saw no error in the denial of the motion to suppress. Accordingly, the Court of Appeals' decision was vacated, the trial court affirmed, and the case remanded for the Court of Appeals to transmit a remittitur to the trial court. View "Rodriguez v. Georgia" on Justia Law

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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 appealed the denial of his amended motion for new trial, arguing the trial court erred in admitting evidence of two previous incidents and trial counsel was ineffective. Finding no error, the Supreme Court affirmed. View "Rivera v. Georgia" on Justia Law

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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 trial court erred when it charged the jury. Finding no harmful error, the Supreme Court affirmed. View "Porras v. Georgia" on Justia Law

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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 Ridge, and who recently had transferred to a school in the Fulton County School District. As they spoke, P. M. disclosed that she previously had a sexual relationship with Robert Morrow, a paraprofessional at River Ridge. May, however, did not make any report of the sexual abuse. When these circumstances later came to the attention of law enforcement, May was charged by accusation with a criminal violation of OCGA 19-7-5. May filed a demurrer and plea in bar, contending that the accusation charged no crime as a matter of law. When the trial court heard argument, the State and May stipulated to certain facts, namely that P. M. was no longer was a student at River Ridge when she spoke with May in 2011. Because P. M. was not then enrolled at River Ridge, May argued she had no duty under OCGA 19-7-5 (c) (1) to make a report. The trial court denied the demurrer and plea in bar, reasoning that a school teacher is required to report the abuse of any child, even one with whom the teacher has no relationship at all. After review, the Supreme Court concluded May had no legal obligation to report the sexual abuse, and the trial court erred when it sustained the accusation. View "May v. Georgia" on Justia Law

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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 sufficiency of the evidence, the admission of his videotaped police interview, and the sentence he received. Furthermore, he contended his trial counsel rendered ineffective assistance. The Supreme Court agreed that Johnson was improperly sentenced on the two felonies underlying his felony murder convictions and vacated his sentences on Counts 2 and 5. In all other respects, the Court affirmed. View "Johnson v. Georgia" on Justia Law

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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 motion for new trial because the evidence was insufficient to support the verdict. Finding no error, the Supreme Court affirmed. View "Batten v. Georgia" on Justia Law

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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 Court affirmed that denial in April 2013. In August 2013, appellant filed a motion to withdraw his guilty plea and a motion to recuse the trial judge, who was the same judge that had taken his guilty plea and denied his motion for out-of-time appeal. The trial court denied both motions in separate orders, and appellant filed a notice of appeal of both orders. Finding no error in either order, the Supreme Court affirmed both cases. View "Henderson v. Georgia" on Justia Law

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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 and the interviewing officer read him his rights, appellant made other inculpatory statements, and the videotaped interview was played at trial. Appellant stated that the victim had picked at him all his life, that nothing he accomplished was ever good enough for her, and that on the morning of the shooting she had been calling him names. Appellant stated that when she started gathering her clothes to leave, he grabbed her by the neck and shook her. He admitted that upon hearing the victim claim she had called the police, he retrieved the rifle to scare her. He admitted he told her "I'm going to give you something to call the police for," and he claimed that as he went around the side of the van toward the victim [his wife], he stumbled and the gun "just went off." The victim died from a gunshot wound to her upper right chest. Appellant appealed his conviction and sentencing to life imprisonment for the felony murder of his wife. But finding no reversible error, the Supreme Court affirmed. View "Johnson v. Georgia" on Justia Law

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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. He challenged the sufficiency of the evidence, statements by the trial court, and the admission into evidence of prior consistent statements by a witness for the prosecution. Finding no merit to his challenges, the Supreme Court affirmed. View "Lindsey v. Georgia" on Justia Law