Justia Criminal Law Opinion Summaries

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 a convicted felon in connection with the fatal shooting of Anthony Augustus and the aggravated assault of Shyrome Marshall (including the burglary of his home). Green claimed that he was denied a fair trial due to a juror’s untruthful responses to questions during voir dire and that his trial counsel rendered ineffective assistance. Finding the juror challenge to be without merit, the Supreme Court affirmed Green’s convictions, but remanded on the issue of the alleged ineffectiveness of trial counsel. View "Green v. Georgia" on Justia Law

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 the Supreme Court to reconsider "Zigan," urging that it was decided incorrectly and ought to be overruled. Smith was tried by jury and convicted of murder and the unlawful possession of a firearm during the commission of a felony. Smith would have preferred to be tried by a judge, but the State insisted that she be tried by jury, and as required by Zigan, the trial court yielded to the insistence of the State. Smith appealed, contending only that the trial court erred when it refused her demand for a bench trial. Finding no compelling reason to reconsider Zigan, the Supreme Court affirmed the trial court's judgment in this case. View "Smith v. Georgia" on Justia Law

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, was found guilty of two counts of felony murder, both predicated on the offenses of cruelty to children for Parker’s failure to seek medical treatment for Kailee. Castro contended that the evidence presented at trial was insufficient to support the verdict and that the trial court erred in admitting into evidence at trial certain autopsy photographs of Kailee. In her appeal, Parker argued that the evidence presented at trial was insufficient to support the verdict against her and that the trial court erred in its charge to the jury. Finding no reversible error in either appeal, the Supreme Court affirmed both convictions. View "Castro v. Georgia" on Justia Law

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 trial was insufficient to support his conviction for the kidnapping with bodily injury of Morrow's father; (2) the trial court erred by admitting hearsay statements made by a co-conspirator before the conspiracy was formed; (3) the court erred by admitting evidence of a prior bad act by Appellant; (4) the court erred by allowing the prosecutor to refer to jurors by name and to make an inappropriate demonstration during closing arguments; and (5) Appellant's trial counsel provided ineffective assistance by not objecting to portions of the prosecutor's closing arguments. Upon review of the facts in record, the Supreme Court concluded the trial court erred in admitting the prior act evidence, but the Court also concluded that this error was harmless. Appellant's other claims of error lacked merit. View "Peoples v. Georgia" on Justia Law

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 of imprisonment. On direct appeal, the Supreme Court affirmed his convictions and sentences. In 2009, Walker filed a petition for a writ of habeas corpus. Following an evidentiary hearing, the habeas court granted the writ. Although it found that some claims were procedurally barred, not cognizable in habeas proceedings, or otherwise without merit, the habeas court concluded that several of his claims had merit. In particular, the habeas court concluded that Walker was denied due process by having been tried while incompetent, and it concluded as well that he was denied the effective assistance of counsel, not only with respect to his competence, but also with respect to the presentation of certain defenses and mitigating evidence involving his mental health. In Case No. S13A1472, the Warden appealed the grant of the writ, and in Case No. S13X1473, Walker cross-appealed. Upon review, the Supreme Court affirmed the grant of the writ in the appeal by the Warden. By affirming the grant of the writ, the cross-appeal was moot. View "Humphrey v. Walker" on Justia Law

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 Gwinnett County. In the course of that traffic stop, the officers found the cocaine hidden in the car, a Nissan with a Massachusetts tag and dark tinted windows. The State also presented evidence of a similar transaction, in which Betancourt and Hernandez had been stopped two weeks earlier by law enforcement officers in North Carolina. In the course of that stop, the North Carolina officers found $195,000 hidden in the car, a Mercedes with a Massachusetts tag and dark tinted windows. Betancourt and Hernandez both appealed their convictions; among other claims of error, Hernandez asserted that the trial court should have suppressed the evidence of the similar transaction because the State failed to prove the lawfulness of the North Carolina traffic stop. The Georgia Court of Appeals affirmed the convictions, reasoning that the suppression of evidence seized by out-of-state law enforcement officers would have yielded no appreciable deterrence, and held that the exclusionary rule did not apply in this case to require the suppression of the similar transaction evidence, even assuming that such evidence was seized unlawfully. After its review, the Supreme Court affirmed the appellate court's judgment, but on different grounds: Hernandez merely argued that the State had failed to prove the lawfulness of the stop. The State had no burden to prove the lawfulness of the stop until its lawfulness was put in issue by a motion that complied with the statutory requirements, and it was undisputed that Hernandez filed no such motion. Accordingly, the trial court ruled that the State was not required to prove that the evidence was obtained lawfully. Hernandez failed to preserve any error with respect to the suppression of the similar transaction evidence. View "Hernandez v. Georgia" on Justia Law

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 trial and his conviction and sentence, asserting that the trial court erred by denying his motion for mistrial and that trial counsel rendered ineffective assistance. Finding no error, the Supreme Court affirmed. View "Hartsfield v. Georgia" on Justia Law

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, Sandricka Meyers, Brittany Head, Isaiah Chandler, and Matthew Dowdy; and the possession of a firearm during the commission of a crime. Patterson, in company with Branker and Robinson, walked from a store to a pizza parlor to purchase a pizza. While in the parlor, Patterson saw Bostic and Eric Mathews outside in a car. Patterson made a derogatory comment regarding Bostic and Mathews; Patterson and Branker went outside the parlor and Robinson stood in the doorway. Mathews, who was driving the car, pulled into the parking lot of the parlor; from a window of the car, Bostic fired several shots toward Patterson and his companions, missing Branker, striking Robinson once in the foot, and fatally striking Patterson once in the chest. Bullets entered the pizza parlor, shattering the front glass. Inside the pizza parlor, customer Dowdy was walking toward the exit, and employees Head, Mills, Meyers, Hollinger, Chandler, and Davis-Romero were working, all of whom retreated further into the pizza parlor when the shots were fired. Finding no reversible error, the Supreme Court affirmed. View "Bostic v. Georgia" on Justia Law

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 assistance of counsel and that the trial court erred when it reprimanded his lawyer in the presence of the jury. Upon review of the records and briefs, the Supreme Court found no reversible error and affirmed. View "Bonner v. Georgia" on Justia Law

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 mirror and a cutting tool, and several loaded handguns. The Supreme Court granted certiorari to the Court of Appeals in "Scott v. Georgia," (Case No. A12A2293) to consider whether former OCGA 16-13-31 (a) (1) required proof that the defendant had knowledge of the weight of the drug. Finding that the Court of Appeals erred in concluding that proof of the knowledge of the weight or quantity of cocaine was not an element of the offense, the Supreme Court reversed and remanded. View "Scott v. Georgia" on Justia Law