Justia Criminal Law Opinion Summaries

John Deangelo Sharkey was convicted of malice murder and armed robbery in connection with the shooting death of Dominique Barker. The crimes occurred on December 6, 2017. Sharkey was indicted by a Clayton County grand jury on February 8, 2018, and a jury trial was held from January 13 to 16, 2020. The jury found Sharkey guilty on all counts, and he was sentenced to life in prison without the possibility of parole for malice murder, plus 20 years consecutive for armed robbery. Sharkey filed a motion for a new trial, which was denied by the trial court.Sharkey appealed, challenging the sufficiency of the evidence, the exclusion of a video recording showing a four-year-old child identifying another man in a photo lineup, and claiming ineffective assistance of counsel for failing to admit the video under the child-hearsay statute. The trial court had excluded the video, and Sharkey argued that his counsel was ineffective for not taking steps to admit it.The Supreme Court of Georgia reviewed the case and found that the evidence was more than sufficient to support Sharkey's convictions. The court noted that the evidence against Sharkey was strong, including eyewitness identifications and the presence of his cell phone at the crime scene. The court also held that any error in excluding the video recording was harmless and that any deficient performance by trial counsel was nonprejudicial. The court affirmed Sharkey's convictions, concluding that there was no reasonable probability that the outcome of the trial would have been different if the video had been admitted. View "Sharkey v. State" on Justia Law

Adrian Darnyell Weston was convicted of malice murder for the shooting death of Alex Tolbert. The incident occurred on January 23, 2021, at a hotel in Madison, where Tolbert was found shot 11 times. Investigators collected fourteen .22-caliber shell casings and three bullets from the scene. Weston was identified as a person of interest due to a history of conflict with Tolbert, including a stabbing incident in 2019. On the day of the murder, Weston was overheard saying he would kill Tolbert and was seen leaving with a gun. Shell casings from the crime scene matched those found at a residence where Weston stayed. Weston fled the state and was later arrested in Kansas.A Morgan County grand jury indicted Weston for malice murder, felony murder, and aggravated assault in March 2021. In November 2022, a jury found Weston guilty on all counts. The trial court sentenced him to life in prison without parole for malice murder, with the other counts merging or being vacated. Weston filed a motion for a new trial, which was denied by the trial court in April 2024. He then filed a timely notice of appeal.The Supreme Court of Georgia reviewed the case and affirmed the conviction. The court held that the evidence, though circumstantial, was sufficient to support the conviction under Georgia law. The court noted that the jury is responsible for resolving evidentiary conflicts and assessing witness credibility. The court also found that the trial court properly exercised its discretion in denying Weston’s motion for a new trial on the general grounds, as it had considered the evidence, witness credibility, and the weight of the evidence. The court concluded that the evidence presented at trial was sufficient to exclude every reasonable hypothesis other than Weston’s guilt. View "Weston v. State" on Justia Law

In December 2017, Roger Tashawn Mills was involved in the shooting death of Masuto Garrett. Mills and his co-defendant, Mosas Bolar, were indicted on multiple charges, including malice murder and felony murder. Mills was initially convicted on all counts, but his convictions were reversed on appeal due to the improper removal of a juror. Mills was retried and found guilty of felony murder and other related charges. He was sentenced to life without parole plus an additional five years for firearm possession.During the retrial, the jury found Mills guilty of several charges, including felony murder and aggravated assault, but acquitted him on others. Mills filed a motion for a new trial, which was denied, leading to the current appeal. Mills argued that the evidence was insufficient to disprove his justification defense and that the trial court erred in admitting other-acts evidence.The Supreme Court of Georgia reviewed the case and held that the evidence was sufficient to support Mills' convictions. The court found that the jury was entitled to reject Mills' justification defense based on the evidence presented, including witness testimony and forensic analysis. The court also held that the trial court did not commit plain error in admitting other-acts evidence, as it was relevant to show Mills' motive and gang affiliation, and its probative value was not substantially outweighed by undue prejudice.The Supreme Court of Georgia affirmed Mills' convictions, concluding that the State had met its burden of disproving Mills' justification defense beyond a reasonable doubt and that the trial court did not err in its evidentiary rulings. View "Mills v. State" on Justia Law

Tabitha Wood was convicted of malice murder and other crimes after killing her fiancé, Leroy Kramer. Wood claimed self-defense, citing a history of Kramer’s violence towards her and presented expert testimony that she suffered from battered person syndrome. Kramer’s body was found in their shared home two months after his death, and Wood was indicted on multiple charges, including malice murder and concealing the death of another. The jury found her guilty on all counts, and she was sentenced to life in prison for malice murder, with additional sentences for other charges.Wood appealed, arguing that the trial court erred by not allowing her to introduce testimony about Kramer’s violence towards other women under OCGA § 24-4-405 (b) and that this exclusion violated her constitutional right to a complete defense. The trial court had ruled that Wood could testify about her knowledge of Kramer’s violent acts to show her state of mind but could not introduce extrinsic evidence of specific acts through other witnesses. Wood’s motion for a new trial was denied, and she appealed to the Supreme Court of Georgia.The Supreme Court of Georgia held that the trial court did not abuse its discretion by excluding the testimony about Kramer’s prior acts of violence under Rule 405 (b), as a victim’s violent character is not an essential element of self-defense. The court also found no plain error in the trial court’s application of the evidentiary rules, concluding that Wood’s constitutional rights were not violated. The court affirmed Wood’s convictions. View "Wood v. State" on Justia Law

Joseph Donnell Starks was convicted of felony murder and other crimes following a vehicular collision that resulted in the death of Kristin Dyer and serious injury to Joshua Cash. The incident occurred on December 14, 2016, and Starks was indicted on multiple charges, including felony murder, homicide by vehicle, serious injury by vehicle, and driving under the influence. During the trial, the court directed a verdict for Starks on one count, and the jury found him guilty on the remaining counts. Starks was sentenced to life in prison for felony murder and received concurrent sentences for other charges.Starks filed a motion for a new trial, which was denied by the trial court. His subsequent appeals were dismissed as untimely. However, a habeas court later granted his petition to pursue a direct appeal. Starks argued that his trial counsel was ineffective for failing to present medical evidence that could support a defense theory that he was unconscious due to a medical condition rather than intoxication.The Supreme Court of Georgia reviewed the case and found that Starks's trial counsel made a strategic decision to focus on evidence of intoxication rather than a medical condition, which was not objectively unreasonable. The court held that Starks failed to show that his counsel's performance was deficient or that it prejudiced his defense. Therefore, his claim of ineffective assistance of counsel was rejected.The State raised two sentencing issues on appeal, arguing that the trial court improperly merged the homicide by vehicle convictions and that sentences for other offenses should not have been served concurrently with the felony murder sentence. The Supreme Court of Georgia found that the trial court properly merged the homicide by vehicle convictions under the rule that only one conviction and sentence may be imposed for the killing of a single victim. Additionally, the court held that the trial court had discretion to run sentences concurrently with the felony murder sentence. The judgment was affirmed. View "STARKS v. THE STATE" on Justia Law

DeRon Edrias Gude was convicted of felony murder and other charges related to the shooting death of Nyyokokie Hendley. On October 11, 2016, Gude called 911 to report a shooting at his home, claiming it was an accident during a fight. Police found Hendley dead from a gunshot wound to the head, with a 9-millimeter handgun near her feet and marijuana in an unlocked safe. Gude was indicted on multiple charges, including malice murder and felony murder. At trial, Gude testified that Hendley had threatened him and pointed a gun at him, leading him to shoot her in self-defense. The jury found Gude guilty of felony murder predicated on aggravated assault and other charges.The DeKalb County Superior Court granted Gude’s motion for a directed verdict of acquittal on the marijuana charge, and the jury found him not guilty of malice murder but guilty on the remaining counts. Gude was sentenced to life in prison for felony murder predicated on aggravated assault, plus five years for possession of a firearm during the commission of a felony. Gude’s motion for a new trial was denied by the trial court.The Supreme Court of Georgia reviewed the case and addressed Gude’s claims of plain error in the jury charge on aggravated assault and ineffective assistance of counsel. The court assumed, without deciding, that the trial court committed an obvious error in the jury instruction but found that Gude failed to show the error likely affected the trial's outcome. The court noted that the jury was properly instructed on the burden of proof and provided with a copy of the indictment. Additionally, Gude’s defense was self-defense, and the jury’s verdict indicated they found he intended to shoot Hendley. Consequently, the court affirmed the trial court’s judgment, concluding that Gude did not demonstrate plain error or ineffective assistance of counsel. View "GUDE v. THE STATE" on Justia Law

William C. Pounds III was convicted of malice murder and other crimes related to the shooting death of Kendra Jackson. The incident occurred on June 12, 2015, and Pounds was indicted later that year. During the trial, evidence showed that Pounds had a tumultuous relationship with Jackson and was also engaged to another woman, Vicinda Crawford. On the day of the incident, Pounds called 9-1-1, claiming Jackson had committed suicide. However, conflicting accounts from Pounds and expert testimony suggested otherwise, leading to his conviction.Initially, the trial court sentenced Pounds to life in prison without parole for malice murder, merging the aggravated assault count and vacating the felony murder count by law. Pounds filed an untimely motion for a new trial, which was denied. The trial court later granted an out-of-time appeal, but the appeal was dismissed because the motion for a new trial was still pending. After further proceedings, the trial court denied the motion for a new trial on the merits, allowing the appeal to proceed.The Supreme Court of Georgia reviewed the case and affirmed the conviction. The court found that the evidence presented at trial was sufficient to support the conviction for malice murder. The court also addressed several claims by Pounds, including alleged evidentiary errors and ineffective assistance of counsel. The court concluded that any errors in admitting certain testimonies were harmless and did not affect the verdict. Additionally, the court found that Pounds's trial counsel did not perform deficiently by not objecting to a juror who knew Jackson's stepmother, as the juror affirmed her ability to remain impartial.Ultimately, the Supreme Court of Georgia affirmed the trial court's judgment, finding no reversible error in the proceedings. View "POUNDS v. THE STATE" on Justia Law

Bryan Miller was convicted by a jury of the malice murder of his wife, Gracie Miller, and the aggravated assault of her niece, Shamone Morris, after shooting them multiple times. The crimes occurred on May 18, 2021, and Miller was indicted on several counts, including malice murder and aggravated assault. He was sentenced to life without parole for the malice murder and an additional 30 years for other charges. Miller filed a motion for a new trial, which was denied by the trial court.Miller appealed to the Supreme Court of Georgia, arguing that the trial court abused its discretion by admitting evidence of two prior incidents involving his wife under OCGA § 24-4-404 (b). He claimed that the evidence was irrelevant due to his self-defense claim, that a plea of nolo contendere was insufficient to prove his involvement in one incident, and that the court failed to rule on the admissibility of the other acts concerning the assault on Morris.The Supreme Court of Georgia affirmed the trial court's decision. The court found that the prior incidents were relevant to show motive and the nature of the relationship between Miller and Gracie, which was pertinent to countering Miller's self-defense claim. The court also determined that the probative value of the evidence was not substantially outweighed by its prejudicial effect. Additionally, the court held that there was sufficient proof for a jury to find by a preponderance of the evidence that Miller committed the prior acts. The court also concluded that any error in admitting the evidence concerning the assault on Morris did not affect Miller's substantial rights, given the strong evidence against him and the limiting instructions provided to the jury. View "Miller v. State" on Justia Law

Prentice Baker and Verlaine Laguerre were convicted of malice murder and possession of a firearm during the commission of a felony for the shooting death of Matthew Hardeman. The evidence showed that Hardeman and Laguerre had a fistfight earlier in the day, which Hardeman won. Later, Laguerre returned with Baker and others to Hardeman’s neighborhood, where they encountered Hardeman and shot him multiple times, resulting in his death.A Fulton County grand jury indicted Baker and Laguerre on multiple counts, including malice murder and firearm possession. Their first trial ended in a mistrial, but a second joint trial in April 2018 resulted in guilty verdicts on all counts. Both defendants were sentenced to life in prison for malice murder and an additional five years for firearm possession. Their motions for a new trial were denied by the trial court in March 2022, leading to their appeals.The Supreme Court of Georgia reviewed the case and found no plain error in the trial court’s failure to instruct the jury on accomplice corroboration, as the evidence did not clearly indicate that Ellis was an accomplice. The court also found sufficient evidence to support Baker’s convictions, including Ellis’s identification of Baker as one of the shooters. Laguerre’s claim of ineffective assistance of counsel was rejected because his counsel’s decision not to object to certain testimony was deemed a reasonable strategic choice. Finally, the court dismissed Laguerre’s claim of cumulative error due to the lack of any established errors. The Supreme Court of Georgia affirmed the convictions and sentences of both Baker and Laguerre. View "BAKER v. THE STATE" on Justia Law

In November 2018, four defendants were convicted of various crimes related to two separate incidents. Jordan Campbell and Roderick Parrish were convicted of felony murder and other charges related to the death of Rebecca Foley in January 2013. Shacqeal Sanders and Henry Speaks were convicted of malice murder and other charges related to the death of James Pastures and the aggravated assault of Maurice Harris in January 2015. All four were also convicted of gang-related charges.The case was initially tried in October 2018, but a mistrial was declared after a juror was threatened. The retrial took place from October to November 2018. The jury found Campbell and Parrish guilty on all counts except malice murder and related gang charges. Sanders was found guilty on all counts except criminal attempt to commit a felony and two gang violations. Speaks was found guilty on all counts except criminal attempt to commit a felony, one count of aggravated assault, two counts of firearm possession during a felony, and three gang counts. The trial court sentenced each defendant to life without parole plus additional years for other counts.The Supreme Court of Georgia reviewed the case. The court affirmed the convictions, holding that the trial court did not abuse its discretion in denying the motion to sever the trials of the defendants and counts related to the two murders. The court also found that the trial court erred in admitting evidence of juror intimidation and in giving a deliberate ignorance instruction, but these errors were deemed harmless. The court concluded that the evidence was sufficient to support the convictions and that the trial court did not err in disqualifying Sanders’s counsel or in its jury instructions. The cumulative effect of the errors did not affect the jury’s verdicts. View "CAMPBELL v. THE STATE" on Justia Law