Justia Criminal Law Opinion Summaries

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

Ray Eugene Pollard was convicted of malice murder for the shooting death of Jonathon McAfee. The incident occurred on October 3, 2020, and Pollard was indicted on multiple charges, including malice murder and aggravated assault. During the trial, evidence showed that Pollard had a history of threatening behavior towards McAfee and had been at the scene of the shooting. Pollard's vehicle was found with damage consistent with evidence collected near the crime scene. Additionally, Pollard's inconsistent statements to police and his admission of being at the scene further implicated him.The Baldwin County trial court entered a nolle prosequi for one count and a jury found Pollard guilty of the remaining charges. Pollard was sentenced to life in prison without the possibility of parole for malice murder. His conviction for aggravated assault merged with the malice murder conviction for sentencing purposes. Pollard filed a motion for a new trial, which was denied by the trial court.The Supreme Court of Georgia reviewed the case on appeal. Pollard argued that his trial counsel was ineffective for failing to object to the admission of cell-site location information (CSLI) obtained without a search warrant. The court assumed, without deciding, that the trial counsel's performance was deficient. However, the court found that Pollard did not demonstrate that the outcome of the trial would have been different without the CSLI evidence. The court noted that the other evidence against Pollard was strong, including his presence at the scene, physical evidence, and his threatening behavior. Consequently, the court affirmed Pollard's conviction, concluding that he did not suffer prejudice from the alleged deficiency in his counsel's performance. View "POLLARD v. THE STATE" on Justia Law

Carey Jackson was found guilty by a DeKalb County jury of felony murder, aggravated assault, first-degree criminal damage to property, and a violation of the Street Gang Terrorism and Prevention Act in connection with the shooting death of Arnold Leslie and the assaults of seven other individuals. The crimes occurred on April 6, 2020, and Jackson was indicted on December 1, 2020. The jury found Jackson not guilty of malice murder and possession of a firearm during the commission of a felony but guilty of the remaining counts. Jackson was sentenced to life in prison with the possibility of parole for felony murder, along with additional consecutive and concurrent prison terms for the other charges.Jackson filed a motion for a new trial on January 18, 2022, which was amended through new counsel on April 9, 2024. The trial court denied the motion on June 26, 2024. Jackson then filed a notice of appeal on July 16, 2024, and the case was docketed in the Supreme Court of Georgia for the term beginning in December 2024.The Supreme Court of Georgia reviewed Jackson's claim that his trial counsel was ineffective for failing to object to a jury instruction related to the Street Gang Act. Jackson argued that the instruction created a constitutionally impermissible mandatory presumption. The court found that the instruction did not create a mandatory presumption or shift the burden of proof to the defendant. Instead, it explained the meaning of the phrase "further the interests of the gang" and required the jury to find beyond a reasonable doubt that the crime committed was the sort of crime the gang engaged in. Consequently, the court held that Jackson's trial counsel was not deficient for failing to object to the instruction and affirmed the trial court's decision. View "JACKSON v. THE STATE" on Justia Law

In January 2008, Arthur James Mosley, an elderly farmer, was found dead in his home with multiple sharp-force injuries. Mosley's wallet was later discovered in a neighbor's yard, partially burned. DNA testing advancements between 2008 and 2013 revealed a partial DNA profile consistent with Timothy French on Mosley's pants. French was subsequently indicted for malice murder, felony murder, and armed robbery in April 2014. After a mistrial in April 2015, French was retried in June 2015 and found guilty on all counts. He was sentenced to life in prison for malice murder and a concurrent life sentence for armed robbery, with the felony murder count vacated by law.French filed a motion for a new trial, which was denied by the trial court in August 2024. He then appealed to the Supreme Court of Georgia, arguing that the trial court erred in four respects.The Supreme Court of Georgia reviewed the case and found no error in the trial court's decisions. The court held that the trial court correctly rejected French's Batson challenge to the State’s peremptory strike of a black potential juror, as the prosecutor provided a race-neutral explanation based on the juror's employment with the Division of Family and Children Services. The court also upheld the trial court's denial of French's motion for funds to retain a defense expert, noting that French failed to provide specific information necessary for the trial court to assess the need for assistance. Additionally, the court deemed French's third and fourth claims of error abandoned due to his failure to provide substantive argument or legal authority in support of those claims. Consequently, the Supreme Court of Georgia affirmed the trial court's judgment. View "FRENCH v. THE STATE" on Justia Law

Ozell Craft was convicted of malice murder and other crimes related to the shooting death of Marcus Sims. The incident occurred on September 9, 2019, when Craft, then 17, sold a pistol to his friend Khalil Rogers. Later, they met Sims to buy marijuana. Sims expressed interest in buying the pistol, but Rogers refused. Sims then forcibly took the pistol from Rogers, leading to a struggle. Craft shot Sims once in the chest, and after Sims fell to the ground, Craft shot him nine more times, resulting in Sims' death.A DeKalb County grand jury indicted Craft on multiple charges, including malice murder and felony murder. At trial, the jury found Craft guilty on all counts. The trial court sentenced Craft to life in prison for malice murder, with additional consecutive sentences for aggravated assault and firearm possession. The felony murder count was vacated by law, and one aggravated assault count should have merged with the malice murder count for sentencing purposes. Craft's motion for a new trial was denied by the trial court.The Supreme Court of Georgia reviewed the case. Craft's sole argument on appeal was that the trial court committed plain error by failing to provide an additional jury instruction on his defense of habitation theory of justification. The court found that although the trial court agreed to give the instruction, it was inadvertently omitted. However, the Supreme Court held that Craft failed to show that this omission likely affected the trial's outcome. The evidence against Craft was overwhelming, particularly regarding the nine additional shots fired after Sims was incapacitated. Consequently, the Supreme Court of Georgia affirmed Craft's convictions and sentences. View "CRAFT v. THE STATE" on Justia Law

James Porter was convicted of malice murder for the stabbing death of Deborah Miles. The crime occurred on October 8, 2017, in Statesboro, Georgia. Porter and Miles had a troubled relationship due to Porter’s alcohol abuse. On the morning of the murder, Miles failed to show up for work, prompting her co-worker and supervisor to check on her. They found her dead in her apartment later that day. Porter was seen near the crime scene and confessed to a friend that he had stabbed someone. He was arrested on October 9, 2017.A Bulloch County grand jury indicted Porter for malice murder on November 6, 2017. At his trial in April 2019, a jury found him guilty, and he was sentenced to life in prison without the possibility of parole. Porter filed a motion for a new trial, which was denied in June 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 was sufficient to support the conviction under the standard set by Jackson v. Virginia. The court found that Porter’s confession, corroborated by other evidence, was enough for a rational jury to find him guilty beyond a reasonable doubt. The court also ruled that the trial court did not err in refusing to give Porter’s requested jury instruction on the State’s burden to prove his identity as the perpetrator beyond a reasonable doubt, as the principle was adequately covered by other parts of the jury charge. View "PORTER v. THE STATE" on Justia Law

Colton Jerrod Sims and Monte Glover were convicted of malice murder and other crimes related to the shooting death of DeCoby Barlow and the aggravated assault of Landon Brown. The incident occurred on December 8-9, 2018, following a dispute at a nightclub. Sims and his friend Colby Toles had a confrontation with Glover and co-defendant Jalon Edwards, which escalated into a gunfight outside the club. Barlow was fatally shot during the crossfire, and Brown, a security guard, was also assaulted.A Henry County grand jury indicted Sims, Glover, and Edwards on multiple charges, including malice murder and aggravated assault. Sims and Glover were tried together and found guilty on all counts. The trial court sentenced them to life in prison for malice murder, with additional concurrent and consecutive sentences for other charges. Sims and Glover filed motions for new trials, which were denied by the trial court.The Supreme Court of Georgia reviewed the case. Sims and Glover challenged the sufficiency of the evidence, claiming it did not support their convictions. Sims also raised four claims of trial court error and argued that his trial counsel was ineffective. Glover similarly argued ineffective assistance of counsel. The court held that the evidence was sufficient to support the convictions, as eyewitness testimony and ballistics evidence confirmed their involvement in the gunfight. The court also found no merit in Sims' claims of trial court error and ineffective assistance of counsel, noting that strategic decisions by trial counsel were reasonable and did not prejudice the defendants.The Supreme Court of Georgia affirmed the convictions and sentences of Sims and Glover, concluding that the evidence presented at trial was sufficient to support the jury's verdicts and that there was no reversible error in the trial proceedings. View "SIMS v. THE STATE" on Justia Law

Angelo Short was convicted of malice murder and related crimes, including burglary, theft, robbery, and obstruction of an officer, following the stabbing death of Peggy Gamble in November 2016. Short was sentenced to life in prison without parole plus 40 years. He appealed, challenging the trial court's admission of his incriminating statements made during custodial interviews with Columbus Police Department officers, arguing that his confession was induced by promises of benefit and threats of harm.The Muscogee County grand jury indicted Short on multiple charges, and he was tried and found guilty on all counts by a jury in November 2019. Short filed a motion for a new trial, which was denied by the trial court after an evidentiary hearing. He then filed a timely notice of appeal.The Supreme Court of Georgia reviewed the case and affirmed the trial court's decision. The court held that Short's confession was admissible, as it was not induced by the slightest hope of benefit or remotest fear of injury, as required by OCGA § 24-8-824. The court found that the officers' statements during the interviews did not amount to promises of reduced punishment or threats that would render the confession involuntary. The court also noted that any statements made by the officers about potential plea deals or sentencing were noncommittal and did not constitute improper inducements. Additionally, the court found no evidence that Short's fear of harm from other inmates was used by the officers to coerce his confession. Consequently, the court affirmed the trial court's judgment and the admissibility of Short's confession and the physical evidence obtained as a result. View "SHORT v. THE STATE" on Justia Law

Michelle Wierson was charged with vehicular homicide after allegedly causing a fatal car accident while speeding. Two psychiatrists concluded that Wierson lacked the mental capacity to distinguish right from wrong and suffered from a delusional compulsion at the time of the accident. Wierson filed a notice of intent to plead not guilty by reason of insanity. The State moved to introduce evidence that Wierson had stopped taking some of her psychiatric medications before the accident. The trial court granted the State's motion.The Court of Appeals reversed the trial court's decision, holding that evidence of medication non-compliance was not relevant to the statutory defenses of insanity. The court explained that the insanity-defense statutes do not mention how or why a defendant may have come to her mental state, only that she is not guilty if she has that mental state at the time of the offense. The court also held that evidence of medication non-compliance was not relevant to show Wierson’s intent to commit vehicular homicide and reckless driving.The Supreme Court of Georgia reviewed the case to determine whether evidence that a defendant voluntarily contributed to her mental state is relevant to the statutory insanity defenses and whether the precedent set in Bailey v. State should be reconsidered. The court concluded that the plain language of the insanity-defense statutes does not provide any exception for voluntary inducement of the mental state. The court overruled Bailey, which had held that the insanity defenses are not available to a defendant who voluntarily induced the relevant mental state. The Supreme Court of Georgia affirmed the Court of Appeals' judgment, holding that evidence of Wierson’s medication non-compliance was not admissible to show that she voluntarily induced her lack of mental capacity or delusional compulsion. View "THE STATE v. WIERSON" on Justia Law