Justia Criminal Law Opinion Summaries

On the night in question, Sherrod Montgomery, Ricky Cox, and others were playing cards at a residence in Carroll County, Georgia. Cox became intoxicated and accused Montgomery of cheating, leading to a physical altercation in which Montgomery struck and repeatedly hit and kicked Cox, who sustained severe injuries. Cox was found unresponsive and later died at the hospital from blunt force trauma. Witnesses provided varying accounts regarding whether Cox was armed, but the medical examiner confirmed extensive injuries resulting from the beating.A Carroll County grand jury indicted Montgomery on charges of malice murder, felony murder predicated on aggravated battery, aggravated assault, and aggravated battery. Following a January 2023 trial in Carroll County Superior Court, the jury found Montgomery not guilty of malice murder but guilty on the remaining counts, including felony murder. The trial court merged the lesser counts into the felony murder conviction and sentenced Montgomery to life with the possibility of parole. Montgomery filed a motion for new trial, which was denied after a hearing.The Supreme Court of Georgia reviewed Montgomery’s appeal, addressing two main arguments: first, that the jury’s verdicts were repugnant because a not guilty verdict for malice murder allegedly contradicted a guilty verdict for felony murder predicated on aggravated battery; and second, that the trial court erred by instructing the jury that felony murder did not require proof of malice. The Supreme Court held that the verdicts were not repugnant, because the legal definitions of “malice” differ between malice murder and aggravated battery, and the jury could logically find intent to cause bodily harm without intent to kill. The Court also found no clear or obvious error in the jury instructions when evaluated as a whole. The conviction and sentence were affirmed. View "MONTGOMERY v. THE STATE" on Justia Law

Fernando Rodriguez died following a confrontation with law enforcement officers from the Hampton Police Department and the Henry County Police Department, who responded to a disturbance call. Rodriguez, found nude on a roadway, resisted officers’ attempts to restrain and handcuff him. The officers subdued him by holding him in a prone position and applying pressure to his body while waiting for emergency medical services. When EMS arrived, Rodriguez was not breathing sufficiently and later died at the hospital.The officers were indicted in Henry County on several charges, including malice murder, felony murder predicated on aggravated assault, felony murder predicated on violation of oath by public officer, aggravated assault, and individual counts of violation of oath by public officer. The trial court, Superior Court of Henry County, granted the officers’ general demurrer to the felony murder count predicated on violation of oath by public officer (Count 3). The trial court ruled that violation of oath by public officer was not an inherently dangerous felony and could not serve as a predicate for felony murder, referencing Wilson v. State and distinguishing Eubanks v. State.The Supreme Court of Georgia reviewed the trial court’s ruling de novo. The Supreme Court held that although violation of oath by public officer is not inherently dangerous per se, it may be considered inherently dangerous depending on the circumstances of its commission, specifically if those circumstances create a foreseeable risk of death. The indictment alleged facts that could allow a jury to find such risk. Therefore, the Supreme Court vacated the trial court’s order granting the general demurrer to Count 3 and remanded the case for the trial court to consider other grounds for demurrer that had not yet been ruled upon. View "THE STATE v. PHILLIPS" on Justia Law

The case involved the disappearance of Ann Berry in 1991, whose remains were not discovered until 2011 near the home she shared with her husband, Kevin James Lee. On the night she vanished, Berry was attempting to leave Lee with their children, as heard during a worried phone call to her sister. Lee later moved with the children to Kansas and gave inconsistent explanations for Berry’s absence. Berry was not officially listed as missing until 1997. In 2011, her remains were found and identified, with the cause of death ruled a homicide. Lee was indicted in 2012 for malice murder and concealing a death, with the case placed on the dead docket until his 2018 arrest in California.After his arrest, the case was returned to active status in the Coweta County Superior Court. A jury trial in 2022 resulted in Lee’s conviction for malice murder and concealing the death of another. The trial court sentenced him to life plus twelve months. Following a motion for new trial, the court set aside the conviction for concealing a death due to a statute of limitations issue but denied other grounds for a new trial.On appeal to the Supreme Court of Georgia, Lee challenged the sufficiency of the evidence for malice murder, the admission of certain hearsay evidence, the excusal of a juror, and the effectiveness of his counsel regarding speedy trial claims and plea negotiations. The Supreme Court of Georgia held that the evidence was sufficient for the malice murder conviction, the trial court did not abuse its discretion in evidentiary and juror decisions, and Lee’s counsel was not constitutionally ineffective. The judgment of conviction for malice murder was affirmed. View "LEE v. THE STATE" on Justia Law

In April 2019, a man and his girlfriend, along with her children, were living in an apartment in DeKalb County, Georgia. After being told to move out by the apartment’s primary resident, the man became angry and assaulted his girlfriend in the presence of her child, inflicting multiple injuries including choking, hitting, and stomping. He later transported her, with the help of his daughter, to another apartment in Fulton County, where further violence occurred. The girlfriend was eventually taken to a hospital and pronounced dead. Medical evidence showed she suffered extensive internal and external injuries, including blunt force trauma and strangulation, which were determined to be the cause of death.A DeKalb County grand jury indicted the man for malice murder and related offenses. At trial in the Superior Court of DeKalb County, the jury found him guilty on all counts. He was sentenced to life imprisonment without parole for malice murder, with the other counts vacated or merged. The defendant filed a motion for a new trial, which was denied, and then appealed.The Supreme Court of Georgia reviewed the case. The court held that the evidence was sufficient to support the conviction for malice murder and to establish venue in DeKalb County, as the fatal injuries were inflicted there. The court also rejected the defendant’s challenges to the constitutionality of the venue statute and related jury instruction, finding no conflict with state or federal constitutional requirements. Finally, the court found the defendant’s arguments regarding the proportionality and constitutionality of his sentence to be factually unsupported or abandoned. The Supreme Court of Georgia affirmed the conviction and sentence. View "TAYLOR v. THE STATE" on Justia Law

Jody Greathouse was on probation when he was alleged to have violated its terms by leaving an inpatient drug treatment program before completion. He entered into a Consent Order that revoked his probation but suspended the remainder of his sentence on the condition that he successfully complete the program. The Consent Order included a provision in which Greathouse prospectively waived his right to a probation revocation hearing for any future violations related to the treatment program.After Greathouse left the treatment facility, a community supervision officer submitted an affidavit to the trial court, which then issued an arrest order for Greathouse to serve the remainder of his sentence. Greathouse moved to vacate the arrest order and modify the sentence, arguing that he had entered into the Consent Order without counsel and that the waiver of a future hearing was invalid. At a hearing on the motion, the State did not present evidence of the alleged violation, and the trial court denied Greathouse’s motion.The Court of Appeals of Georgia vacated the trial court’s order, holding that under OCGA § 42-8-34.1(b), a court may not revoke probation unless the defendant admits the violation or a hearing is held at which the violation is established by a preponderance of the evidence. The appellate court found that the statute does not allow for a prospective waiver of the right to a future revocation hearing.The Supreme Court of Georgia affirmed the Court of Appeals’ decision. The Court held that OCGA § 42-8-34.1(b) limits a trial court’s authority to revoke probation to two circumstances: the probationer admits the violation, or a hearing is held and the violation is proven. A defendant’s purported waiver of a future hearing does not relieve the court of its statutory obligation to hold such a hearing if there is no admission. View "THE STATE v. GREATHOUSE" on Justia Law

On June 1, 2017, Travis Ridley was fatally shot in a breezeway at an apartment complex in DeKalb County, Georgia. The State alleged that Ridley had planned to purchase a large quantity of marijuana from Abel Asmelash and Edward Tavarez, but that Asmelash and Tavarez intended to rob him. During the incident, Tavarez shot Ridley while Asmelash took a bag of money from Ridley’s girlfriend, Erica Shavers, who was the State’s primary eyewitness. The prosecution presented surveillance video, cell-phone records, and Shavers’s testimony to support its case. Asmelash’s defense was that he was not present at the scene and offered an alibi, but did not call his listed alibi witnesses at trial.A DeKalb County grand jury indicted Asmelash, Tavarez, and Jeanmarie Gonzalez. Gonzalez’s case was severed, and Tavarez was tried and convicted in January 2019; his convictions were affirmed by the Supreme Court of Georgia in Tavarez v. State, 319 Ga. 480 (2024). Asmelash’s case was severed during Tavarez’s trial due to issues with redaction of Tavarez’s statement. Asmelash was tried separately in May 2019 and found guilty on all charges, including malice murder and armed robbery. He was sentenced to life without parole and additional consecutive sentences. After a motion for new trial was denied by the trial court in April 2025, Asmelash appealed.The Supreme Court of Georgia reviewed Asmelash’s claims that the trial court erred in denying the jury’s request to review surveillance video and that trial counsel was ineffective for failing to call an alibi witness. The Court held that any error in denying the jury’s request was harmless, as the video was cumulative of other evidence. The Court also found no prejudice from counsel’s failure to call the alibi witness, as her testimony conflicted with other evidence and was not compelling. The Court affirmed Asmelash’s convictions. View "ASMELASH v. THE STATE" on Justia Law

The case concerns the shooting death of Darcy Jones at a nightclub in South Fulton, Georgia, on November 14, 2020. Tianvye Stitts, who worked as an unarmed security guard at the club, was present that night. Testimony at trial established that Stitts was seen with a gun, and after gunshots were heard, witnesses observed him exiting the restroom immediately after Jones, who had been shot, and then fleeing the scene in a Jeep. Additional evidence included Stitts’s erratic flight from the club, his subsequent attempt to evade law enforcement, and his use of a false name upon arrest. The prosecution’s case included testimony from Darrence Morgan, another security guard, who admitted to giving Stitts a gun before the shooting.A Fulton County grand jury indicted Stitts on multiple charges, including malice murder, felony murder, aggravated assault, and weapons offenses. At trial in May 2023, a jury found Stitts guilty on all counts. The Superior Court of Fulton County sentenced him to life in prison with the possibility of parole for malice murder, along with additional concurrent and consecutive sentences for other offenses. The court later merged the aggravated assault count with the malice murder count. Stitts’s motion for a new trial was denied after an evidentiary hearing.On appeal, the Supreme Court of Georgia reviewed Stitts’s claims, including challenges to the sufficiency of the evidence, the lack of an accomplice-corroboration jury instruction, the giving of an Allen charge, the absence of a specific instruction on impeachment by prior felony conviction, and claims of ineffective assistance of counsel. The court held that the evidence was sufficient to support the malice murder conviction, that any error in failing to give an accomplice-corroboration charge did not affect the outcome, that the jury instructions were adequate, and that Stitts’s counsel was not ineffective. The Supreme Court of Georgia affirmed the convictions and sentences. View "STITTS v. THE STATE" on Justia Law

Richard Merritt, an attorney, was convicted of malice murder and possession of a knife during the commission of a crime after the death of his mother, Shirley Merritt, in February 2019. Prior to the murder, Merritt had pled guilty to multiple theft-related felonies and was sentenced to prison, but was released on GPS monitoring pending his surrender. On the day he was to report to prison, Merritt met his ex-wife and daughter at a doctor’s appointment, returned to his mother’s house, and later left in her car with both their cell phones. He cut off his GPS monitor and disappeared. Shirley was found dead the next day, having suffered stab wounds and blunt-force trauma. Merritt was apprehended months later living under a false identity in Tennessee. At trial, Merritt claimed two unknown men killed his mother, but the jury rejected this account.The Superior Court of DeKalb County held a jury trial in May 2023, resulting in Merritt’s conviction on all counts. He was sentenced to life without parole for malice murder and a consecutive five years for possession of a knife. Other counts were vacated or merged. Merritt filed a motion for new trial, which was denied after an evidentiary hearing in January 2025.The Supreme Court of Georgia reviewed Merritt’s appeal. The court held that the evidence was sufficient to support the convictions, and that Merritt failed to show ineffective assistance of counsel regarding cross-examination, closing argument, or other trial strategies. Claims regarding shackling and an alleged Brady violation were deemed waived. The court found no cumulative error and affirmed the convictions. The Supreme Court of Georgia’s judgment was to affirm Merritt’s convictions. View "MERRITT v. THE STATE" on Justia Law

Victor Allen Smith was involved in a fatal collision on March 6, 2022, in Gwinnett County, Georgia, after attempting to evade a Georgia State Patrol trooper during a high-speed pursuit. Smith, driving a silver sports car, made improper lane changes and exceeded the speed limit, reaching speeds estimated at over 120 miles per hour. While fleeing, Smith’s vehicle veered onto the interstate shoulder where Hugo Nathaniel Martinez was waiting for his truck to be towed. Smith’s car struck and killed Martinez, who died from severe blunt-force injuries. Smith exhibited signs of intoxication at the scene, and subsequent toxicology tests revealed a blood alcohol concentration of 0.188. Evidence also showed that Smith’s driver’s license had been suspended since 2004.Smith was indicted by a Gwinnett County grand jury on multiple charges, including felony murder, homicide by vehicle, aggravated assault, fleeing or attempting to elude a police officer, driving under the influence, and other traffic offenses. Prior to trial, certain counts were dismissed, including driving while license suspended. At trial in the Superior Court of Gwinnett County, the jury found Smith guilty on all remaining counts. Smith was sentenced to life in prison without parole for felony murder, with additional concurrent sentences for other offenses. After the trial court denied his motion for a new trial, Smith appealed.The Supreme Court of Georgia reviewed Smith’s sole claim that the trial court abused its discretion by admitting evidence of his suspended driver’s license. Applying an abuse of discretion standard, the Supreme Court assumed, without deciding, that admitting the evidence may have been erroneous but found any error harmless due to the overwhelming evidence of Smith’s guilt and the minimal role the license suspension played at trial. The Court affirmed Smith’s convictions. View "SMITH v. THE STATE" on Justia Law

On the night of January 3, 2016, the defendant, along with two accomplices, planned and executed a burglary at the home of a family friend. The group traveled together to the residence, where they confronted the victim, Caleb Short, outside the house. The defendant and another accomplice forcibly subdued and bound Caleb with tape, then moved him to the backyard. Subsequently, the group entered the house, stole various items including vehicles, and left the scene. The next morning, law enforcement discovered the bodies of Caleb, his mother, and his niece, all of whom had suffered fatal injuries. Evidence linked the defendant to the stolen property and to actions taken before, during, and after the crimes.A Muscogee County grand jury indicted the defendant and his accomplices on multiple charges, including malice murder, felony murder, kidnapping, burglary, and theft by taking. At trial in the Superior Court of Muscogee County, the defendant’s co-defendants pleaded guilty, and the jury found the defendant guilty of felony murder (as to Caleb), kidnapping, burglary, and theft by taking, but could not reach a verdict on other counts, leading to a mistrial on those. The court sentenced the defendant to life imprisonment with the possibility of parole and additional concurrent and consecutive terms. The defendant’s motion for new trial was denied, and after procedural delays, he filed a timely appeal.The Supreme Court of Georgia reviewed the case and affirmed the convictions. The Court held that the evidence was sufficient to support the convictions, including as a party to the crimes. It found no abuse of discretion in admitting post-incision autopsy photographs, giving an Allen charge to the jury, denying a change of venue due to pretrial publicity, or refusing to impanel a new jury after the co-defendants pleaded guilty. The Court concluded that none of the alleged errors warranted reversal. View "BURKS v. THE STATE" on Justia Law