Justia Criminal Law Opinion Summaries

On March 18, 2019, a man named Bobby Holt was fatally stabbed in his apartment in Cordele, Georgia. Pereia Boone and Katrea Williams were seen leaving Holt’s apartment around the time of the incident. Witnesses observed an altercation involving Boone and Williams, and police responded to a 911 call reporting the disturbance. Upon arrival, officers detained Boone and Williams, and discovered Holt’s body inside his apartment with multiple stab wounds and a box cutter lodged in his neck. Physical evidence at the scene included bloodstained clothing, a hacksaw blade, and other items linking Boone to the crime. Boone later gave a custodial confession detailing his and Williams’s involvement in planning and carrying out the attack on Holt.A Crisp County grand jury indicted Boone and Williams for malice murder, felony murder, and aggravated assault. Boone was tried separately, and a jury found him guilty on all counts. The Superior Court of Crisp County sentenced Boone to life without parole for malice murder, with a concurrent sentence for aggravated assault. Boone filed a motion for new trial, which was denied after an evidentiary hearing. He then appealed to the Supreme Court of Georgia.The Supreme Court of Georgia reviewed Boone’s claims that the evidence was insufficient, that improper other-acts evidence was admitted, and that his counsel was ineffective. The court held that the evidence, including Boone’s confession and corroborating physical and testimonial evidence, was sufficient to support the convictions. The court found that any error in admitting Boone’s statement to a detention officer was harmless given the overwhelming evidence of guilt. Finally, the court determined that Boone’s trial counsel was not constitutionally ineffective for failing to object during closing argument, as the decision was a reasonable trial strategy. The convictions were affirmed. View "BOONE v. THE STATE" on Justia Law

The case concerns an incident in which Latif Arthur Lewis was convicted of malice murder and other charges following the shooting death of Randy Killens, Jr. The evidence at trial showed that Lewis and Killens had a physical altercation the day before the shooting, after which Lewis was angry and sent Killens a picture of Killens’s house. The next day, after a phone call in which threats were exchanged, Lewis and Killens agreed to meet for another fight. Lewis’s ex-girlfriend, Cynthia Rowell, drove him to the meeting place. Rowell testified that Lewis exited the car, approached Killens, and shot him in the leg, resulting in Killens’s death from blood loss. Rowell also stated that Lewis threatened her to ensure her silence. No evidence was found that Killens or his companions were armed.After the incident, law enforcement identified Rowell’s involvement and, following her arrest, she provided a statement consistent with her trial testimony. Lewis was apprehended after a brief standoff, and a firearm linked to the shooting was recovered. At trial in the Superior Court of Ware County, a jury found Lewis guilty of all charges except possession of a firearm by a convicted felon, which was not prosecuted. The court sentenced Lewis to life without parole for malice murder and additional consecutive and concurrent sentences for the other offenses. Lewis’s motion for a new trial was denied.On appeal to the Supreme Court of Georgia, Lewis argued that the evidence was insufficient to support his convictions, claiming he acted in self-defense, and that his trial counsel was ineffective for not allowing him to review all discovery. The Supreme Court of Georgia held that the evidence, viewed in the light most favorable to the verdict, was sufficient for a reasonable jury to find Lewis guilty beyond a reasonable doubt and to reject his self-defense claim. The court also found that Lewis abandoned his ineffective assistance claim by failing to support it with argument or authority. The judgment was affirmed. View "LEWIS v. THE STATE" on Justia Law

Sanchez James was convicted by a jury of murder, aggravated assault, and related charges for fatally shooting Roderick Billups and seriously wounding Keisha Bussey. James, who was wheelchair-bound, claimed self-defense, asserting that Billups was armed and threatened him. However, evidence presented at trial included testimony from Bussey and other witnesses that Billups was unarmed and did not threaten James. Additionally, James admitted during a police interview that he did not see Billups with a gun and acknowledged he was wrong for shooting Billups.The case was initially tried in October 2018 in Fulton County, where James was convicted on all counts. The trial court sentenced him to life in prison for malice murder, with additional concurrent and consecutive sentences for the other charges. James filed a motion for a new trial, which was denied by the trial court in October 2024. He then filed a timely notice of appeal.The Supreme Court of Georgia reviewed the case. James argued that the evidence was insufficient to support his convictions and that the trial court erred by allowing a witness, Shatora Jones, to invoke her Fifth Amendment right against self-incrimination, which he claimed violated his Sixth Amendment right to confrontation. The court found that the evidence was sufficient for a rational jury to convict James beyond a reasonable doubt. The court also determined that there was no plain error in allowing Jones to invoke her Fifth Amendment right, as James did not object or request a voir dire of Jones during the trial.The Supreme Court of Georgia affirmed the trial court's judgment, upholding James's convictions and sentences. View "JAMES v. THE STATE" on Justia Law

Law enforcement officers approached David Mickel without a warrant, detained him with guns drawn, handcuffed him, searched him, and transported him to the police station for an interview. Mickel was assured he was only being detained and not charged with any crime. During the interview, Mickel waived his Miranda rights and made statements that the State sought to use against him in a trial for malice murder related to the shooting death of Michael Anthony Thomas.The trial court held a pretrial evidentiary hearing where officers testified they did not have probable cause to arrest Mickel at the time of his seizure. The trial court agreed, concluding that the warrantless encounter amounted to a "full-blown custodial arrest" without probable cause, thus violating Mickel's Fourth Amendment rights. Consequently, the court suppressed Mickel's statements as "fruit of the poisonous tree."The Supreme Court of Georgia reviewed the case. The State argued that Mickel's arrest was supported by probable cause. However, the Supreme Court found that the trial court's orders did not allow for meaningful appellate review due to limited factual findings and lack of detailed analysis. The Supreme Court vacated the portions of the trial court's orders concerning the probable cause determination and the suppression of Mickel's statements. The case was remanded for further proceedings to provide additional fact-finding and analysis, particularly regarding the credibility of the officers' testimony and the potential impact of a self-defense claim on the probable cause determination. View "THE STATE v. MICKEL" on Justia Law

In November 2020, Ladarion Tijuan Coston and Marcus Yancey were involved in the shooting death of Caleb Simmons during a drug sale at an apartment complex in DeKalb County, Georgia. Witnesses heard the gunshot and saw Yancey and another man, later identified as Coston, fleeing the scene. Surveillance footage captured the incident, showing Coston shooting Simmons. Evidence included phone records, social media activity, and witness testimonies linking Coston to the crime.A DeKalb County jury found Coston and Yancey guilty on all counts, including malice murder, felony murder, armed robbery, aggravated assault, and firearm possession charges. Coston was sentenced to life in prison without parole for murder and armed robbery, plus additional consecutive sentences for firearm possession. Coston filed a motion for a new trial, which was denied by the trial court.The Supreme Court of Georgia reviewed the case and affirmed the lower court's decision. The court held that the evidence was sufficient to support Coston's convictions, including direct evidence from the surveillance video and witness testimonies. The court also found no merit in Coston's claims of ineffective assistance of counsel, as his trial counsel's decisions were deemed reasonable. Additionally, the court ruled that the trial court did not err in admitting certain evidence, including an excited utterance by a witness. Finally, the court rejected Coston's claim of cumulative error, concluding that he failed to demonstrate multiple errors that would warrant a new trial. View "COSTON v. THE STATE" on Justia Law

The appellant was convicted of felony murder, armed robbery, and other crimes related to the shooting death of Sean Turner and the robbery of Turner and Stephen Thomas. The crimes occurred on December 4, 2015, and the appellant was indicted on multiple counts, including malice murder, felony murder, armed robbery, aggravated assault, hijacking a motor vehicle, and possession of a firearm during the commission of a felony. The jury found the appellant guilty on all counts except malice murder and two counts of aggravated assault. The trial court sentenced the appellant to life in prison for felony murder, along with additional concurrent and consecutive sentences for other charges.The appellant filed a motion for a new trial, which was denied by the trial court. The appellant then appealed to the Supreme Court of Georgia, arguing that the evidence was insufficient to support his convictions, that the trial court erred in several respects, and that his trial counsel was ineffective.The Supreme Court of Georgia reviewed the case and found that the evidence was sufficient to support the appellant's convictions for felony murder and armed robbery. The court also found that the trial court did not commit plain error by failing to charge the jury on accomplice corroboration, as the accomplice's testimony was corroborated by other evidence. Additionally, the court held that the appellant's Sixth Amendment right to confront witnesses was not violated, as the co-indictee who refused to testify was never brought before the jury. The court also found that any error in admitting testimony about the appellant's alleged gang involvement was harmless.Regarding the claims of ineffective assistance of counsel, the court found that the appellant's counsel was not deficient in failing to file a general demurrer, request an accomplice corroboration charge, renew an objection to the trial court's refusal to instruct the jury on voluntary manslaughter, or move to exclude evidence of a handgun. The court concluded that the appellant did not suffer cumulative prejudice from the alleged errors and affirmed the convictions. View "FLOYD v. THE STATE" on Justia Law

The case involves Dereckson Clark, who was found guilty of malice murder and other crimes related to the shooting death of Alton Cotton. The incident occurred on February 22, 2020, when Clark and Cotton had a verbal altercation. Despite being urged to walk away, Clark retrieved a revolver from his car, approached Cotton, and shot him in the head. Cotton died from the gunshot wound, and no weapon was found near him. Witnesses testified that Cotton did not threaten Clark or have anything in his hands before being shot.A Peach County grand jury indicted Clark in November 2020. At his June 2021 trial, Clark was found guilty on all counts and sentenced to life in prison with the possibility of parole for malice murder, plus a consecutive five-year term for possession of a firearm during the commission of a felony. Clark's motion for a new trial was denied in February 2023. He filed a pro se notice of appeal, which the trial court recognized as valid, preserving his right to appeal.The Supreme Court of Georgia reviewed the case. Clark argued that the trial court erred in its jury instructions about the grand jury process and in excluding his prior testimony from a pretrial immunity hearing. He also claimed ineffective assistance of counsel for not seeking the removal of a juror with a medical condition. The court found no plain error in the jury instructions and deemed any error in excluding Clark's prior testimony as harmless, given the overwhelming evidence of his guilt. The court also ruled that Clark's counsel made a reasonable strategic decision regarding the juror. Consequently, the Supreme Court of Georgia affirmed the trial court's judgment. View "CLARK v. THE STATE" on Justia Law

Jeremiah Douglas was convicted of murder and aggravated assault for pushing his former girlfriend, Leea Raines, out of a truck, resulting in her death. The incident occurred on November 5, 2021. Douglas was indicted on multiple charges, including malice murder, felony murder, aggravated assault, and making false statements. A jury found him guilty on all counts, and he was sentenced to life without parole for malice murder, with additional consecutive sentences for aggravated assault and making false statements. Douglas's defense was that Raines committed suicide by jumping out of the truck due to narcotic withdrawal.The trial court denied Douglas's motion for a new trial, which he filed and amended through new counsel. Douglas appealed, arguing that the evidence was insufficient to support his convictions and that his trial counsel was ineffective for not requesting a jury charge on voluntary manslaughter. The trial court's denial of the motion for a new trial was upheld, and the case was submitted for a decision on the briefs.The Supreme Court of Georgia reviewed the case and found that the evidence was sufficient to support Douglas's convictions for malice murder and aggravated assault. The court noted that eyewitness testimony and Douglas's own admissions provided direct evidence of his guilt. The court also concluded that Douglas's trial counsel was not ineffective for pursuing an "all or nothing" defense strategy, as it was consistent with Douglas's claim that Raines committed suicide.However, the court identified a merger error, as the aggravated assault conviction should have merged into the malice murder conviction. Consequently, the court vacated the aggravated assault conviction and remanded the case for resentencing on the false statement conviction, which had been ordered to run consecutively to the now-vacated aggravated assault sentence. The Supreme Court of Georgia affirmed the judgment in part, vacated it in part, and remanded the case for resentencing. View "DOUGLAS v. THE STATE" on Justia Law

Susan Embert was arrested in February 2015 for charges related to the shooting death of her husband, William “Jake” Embert. She was indicted on June 24, 2015, on five counts, including malice murder and aggravated assault. Her trial took place in December 2019, nearly five years after her arrest, and she was found guilty on all counts. However, over three years later, it was discovered that one of the jurors was a convicted felon, making him ineligible for jury service. Embert raised this issue in her third amended motion for a new trial, which the trial court granted based on the juror’s ineligibility.The trial court then dismissed the case on constitutional speedy trial grounds, determining that the December 2019 trial was void due to the ineligible juror, and thus did not count for the speedy trial calculation. The court found that the delay from Embert’s arrest to the present exceeded nine years, violating her constitutional right to a speedy trial. The trial court attributed most of the delay to Embert but concluded that the presumptive prejudice from the nine-year delay warranted dismissal.The Supreme Court of Georgia reviewed the case and held that the trial court erred in finding the December 2019 trial void for speedy trial purposes. The court clarified that a trial with an ineligible juror results in a voidable verdict, not a void trial. Consequently, the December 2019 trial should be considered for the speedy trial analysis. The Supreme Court vacated the trial court’s dismissal order and remanded the case for reconsideration of the speedy trial analysis, instructing the trial court to reweigh the factors using the correct factual and legal analysis. View "THE STATE v. EMBERT" on Justia Law

Darrell Dexter Scott was convicted in 2017 for the felony murder of Darrius Ware at Johnson State Prison. Scott argued that the evidence was insufficient to support his conviction, the trial court made several errors, and he was denied effective assistance of counsel. Ware was killed on September 23, 2014, and Scott was indicted in December 2014. In March 2017, Scott was re-indicted for multiple charges, including malice murder and felony murder. The jury found Scott guilty of one count each of felony murder and aggravated assault, and he was sentenced to life in prison without parole.Scott filed a pro se motion for a new trial, later retaining Laura Hogue for his appeal. After several changes in representation and procedural delays, Scott's appeal was eventually docketed in the Supreme Court of Georgia. The court reviewed the case based on the briefs submitted.The Supreme Court of Georgia affirmed Scott's conviction. The court held that the evidence was sufficient to support the conviction, as a rational jury could have found Scott guilty beyond a reasonable doubt. The court also found no abuse of discretion in admitting Ware's unredacted death certificate and allowing it to go back with the jury, even if it was assumed to be an error, as it was deemed harmless. The court ruled that the trial court did not err in allowing the State to cross-examine Scott about the veracity of other witnesses, as the questions were permissible under the circumstances. Additionally, the court found that Scott's trial counsel made a strategic decision not to request jury instructions on lesser offenses, which was not patently unreasonable. Finally, the court rejected Scott's cumulative error claim, as there was only one assumed error, which was harmless. View "SCOTT v. THE STATE" on Justia Law