Justia Criminal Law Opinion Summaries

On November 15, 2018, Misty Michelle Garrison was involved in a traffic accident, leading to charges of DUI (less safe) (alcohol), failure to maintain lane, and improper tires. The State initially filed an accusation on May 29, 2019, and later amended it on January 12, 2021, to include additional charges. At trial, evidence included testimony from witnesses and officers, with a focus on Garrison's behavior and the results of a horizontal gaze nystagmus (HGN) test conducted by Trooper Kyle McSween.The trial court denied Garrison's motion in arrest of judgment, which argued that the accusation was filed beyond the statute of limitations. The court found that the Chief Justice’s emergency orders during the COVID-19 pandemic extended the limitations period. The jury found Garrison guilty on all counts, and she was sentenced accordingly. Garrison appealed to the Court of Appeals of Georgia, which affirmed the trial court's decision, holding that the emergency orders tolled the statute of limitations and that the HGN test evidence was admissible under the Harper standard.The Supreme Court of Georgia reviewed the case and concluded that the State was not required to allege and prove the tolling of the statute of limitations due to the emergency orders. The Court reasoned that such orders are effective as a matter of law and do not require factual proof. However, the Court found that the Court of Appeals erred in applying the Harper standard to the HGN test evidence instead of the Daubert standard, which became applicable in criminal cases as of July 1, 2022. The Supreme Court vacated the judgment and remanded the case to the trial court to determine the admissibility of the HGN test evidence under the Daubert standard. If the evidence is found inadmissible, a new trial will be necessary. View "Garrison v. State" on Justia Law

The case involves Nathanieo Pinquez Pinkins, who was convicted of malice murder and related offenses following the shooting death of Cheryl Loving and the shooting of Desiraee Clay. Pinkins and Clay had a tumultuous relationship, and after a series of confrontations, Pinkins shot at Clay in a parking lot, injuring her. Shortly thereafter, he went to Loving's house, where he shot and killed her. Evidence included surveillance footage, forensic analysis, and Pinkins' own admissions.The Gwinnett County grand jury indicted Pinkins on nine counts, including malice murder, felony murder, aggravated assault, home invasion, possession of a firearm during the commission of a felony, and aggravated battery. The jury found him not guilty of home invasion but guilty of the other charges. The trial court sentenced him to life in prison with the possibility of parole for malice murder, along with additional consecutive sentences for other charges. Pinkins 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 convictions. The court found that the evidence was sufficient to support the malice murder conviction, noting that the jury could reasonably infer Pinkins' intent to kill from his actions and the circumstances of the crime. The court also held that the trial court did not abuse its discretion in denying Pinkins' motion to sever the counts related to Loving from those related to Clay, as the offenses were part of a connected series of acts. The court concluded that the jury was capable of distinguishing the evidence and applying the law to each offense, as evidenced by their verdicts. View "Pinkins v. State" on Justia Law

A Georgia State Patrol trooper observed Christopher James Newsom making an illegal left turn into the right lane of Georgia Highway 61 southbound. Following the traffic stop, the trooper determined that Newsom was driving under the influence of alcohol. The State charged Newsom with DUI less safe, DUI per se, and improper turn at an intersection. Newsom filed a motion to suppress, arguing that OCGA § 40-6-120 (2) (B) was unconstitutionally vague under the Due Process Clause of the Fourteenth Amendment, making the traffic stop unlawful.The trial court agreed with Newsom, ruling that OCGA § 40-6-120 (2) (B) was unconstitutionally vague when read in conjunction with OCGA § 40-6-40 (c). The court found that the statutes provided conflicting directions to drivers, making it unclear whether Newsom had to complete his turn in the left lane. Consequently, the trial court dismissed the charges against Newsom, concluding that the traffic stop lacked probable cause.The Supreme Court of Georgia reviewed the case and reversed the trial court's decision. The court held that OCGA § 40-6-120 (2) (B) is not unconstitutionally vague as applied to Newsom. The statute provides clear notice that a driver making a left turn must complete the turn in the far-left lane. The court found that the trial court erred in interpreting Georgia Highway 61 as a single roadway, which led to the incorrect application of OCGA § 40-6-40 (c). The Supreme Court of Georgia concluded that the statute's language was clear and did not conflict with other statutory provisions. The case was remanded for further proceedings consistent with this opinion. View "State v. Newsom" on Justia Law

Aimee Glover Heyward shot and killed her husband, Bruce Heyward, and was charged with malice murder and felony murder predicated on aggravated assault, among other crimes. At trial, Heyward requested a jury instruction on voluntary manslaughter as a lesser offense of malice murder, which the trial court provided. However, at the request of Heyward's counsel, the court did not instruct the jury that it could find Heyward guilty of voluntary manslaughter as a lesser offense of felony murder. The jury acquitted Heyward of malice murder but convicted her of felony murder.The DeKalb County grand jury indicted Heyward on multiple charges, including malice murder and felony murder. After a jury trial, Heyward was found guilty of all charges except malice murder and was sentenced to life in prison plus additional years for other charges. Heyward filed a motion for a new trial, which was denied by the trial court. She then appealed, arguing that her trial counsel was ineffective for not requesting a voluntary manslaughter instruction for the felony murder charge.The Supreme Court of Georgia reviewed the case and affirmed Heyward's convictions. The court held that Heyward did not demonstrate prejudice from her counsel's decision regarding the jury instructions. The evidence presented at trial indicated a long history of difficulties between Heyward and Bruce, culminating in a series of altercations on the day of the shooting. The court found that the jury was unlikely to conclude that Heyward experienced the kind of sudden and severe provocation necessary to reduce murder to voluntary manslaughter. Therefore, even if the jury had been given the option to convict Heyward of voluntary manslaughter instead of felony murder, there was no reasonable probability that it would have done so. Consequently, Heyward's claim of ineffective assistance of counsel failed, and her convictions and sentence were affirmed. View "Heyward v. State" on Justia Law

Deand’re Dwayne Johnson was convicted for the stabbing death of Louis Tyler and the non-fatal assault of Vicki Robinson. The incidents occurred on November 10, 2018, following a series of conflicts between Johnson and Tyler’s family, particularly over the custody and care of Johnson’s son, K.J. Johnson had previously been involved in altercations with Tyler and Robinson, including forcibly taking K.J. and breaking windows at their residence. On the night of the stabbing, Johnson approached Tyler’s apartment with a knife, leading to a confrontation where Tyler was fatally stabbed.A DeKalb County grand jury indicted Johnson on multiple charges, including malice murder, felony murder, aggravated assault, burglary, aggravated stalking, and possession of a knife during the commission of a felony. In October 2019, a jury found Johnson guilty on all counts. The trial court sentenced him to life without the possibility of parole plus 25 years. Johnson’s motion for a new trial was denied by the trial court in September 2023.The Supreme Court of Georgia reviewed the case. Johnson argued that the trial court erred by not instructing the jury on the impeachment of a witness based on bias, knowledge, and the defense of accident, and by allowing hearsay testimony. The Supreme Court found no plain error in the trial court’s jury instructions, noting that the instructions given sufficiently covered the necessary legal principles. The court also determined that any error in admitting the hearsay testimony did not affect the trial's outcome, as the evidence of Johnson’s guilt was overwhelming and the contested testimony was cumulative of other evidence. Consequently, the Supreme Court of Georgia affirmed Johnson’s convictions. View "Johnson v. State" on Justia Law

The appellant was convicted of malice murder and other crimes related to the death of Tammy Wolfe. The evidence presented at trial showed that Wolfe and the appellant had a tumultuous romantic relationship, marked by instances of jealousy and violence from the appellant. On the morning of Wolfe's death, cell phone records indicated that Wolfe's phone communicated with a phone linked to the appellant shortly before she was found dead. Wolfe's body was discovered with gunshot and stab wounds, and the letters "R" and "O" were written in blood on her car windshield. The appellant was arrested and found with weapons, despite previously telling police he did not carry any due to a medical condition.The trial court sentenced the appellant to life in prison without the possibility of parole for malice murder and additional time for possession of a firearm during the commission of a felony. 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 his trial counsel was ineffective on several grounds and that the trial court erred in admitting evidence of his prior acts of violence.The Supreme Court of Georgia reviewed the appellant's claims and found that his trial counsel's performance was not deficient. The court held that the decisions made by counsel, such as not calling certain witnesses or presenting specific evidence, were strategic and reasonable under the circumstances. The court also concluded that any potential errors in admitting evidence of the appellant's prior acts of violence were harmless given the substantial evidence of his guilt. Consequently, the court affirmed the trial court's judgment, upholding the appellant's convictions and sentences. View "Bowman v. State" on Justia Law

Malik Nunnally was convicted of malice murder and other crimes related to the death of Maya Mitchell. On December 30, 2018, Mitchell left her boyfriend Xavier Lamar's home to meet Nunnally. The next morning, her body was found in Glen Emerald Park with a gunshot wound to the head. Evidence showed that Mitchell had been in contact with a phone number ending in -2170, which was in Nunnally's possession. Text messages indicated that Mitchell was meeting Nunnally to buy marijuana. Nunnally's girlfriend testified that he left her apartment that night with a gun. Cell-site data placed Nunnally's phone near the crime scene. Mitchell's car was later found abandoned, and Nunnally's internet search history showed searches related to the murder.The DeKalb County Superior Court held a jury trial from August 26, 2021, to September 2, 2021. The court granted a directed verdict for Nunnally on the armed robbery charge but the jury found him guilty on the remaining counts. Nunnally was sentenced to life in prison for malice murder, with additional concurrent and consecutive sentences for firearm possession charges. The felony murder count was vacated by operation of law, and the aggravated assault count merged into the malice murder count for sentencing. Nunnally's motion for a new trial was denied by the trial court on December 8, 2023.The Supreme Court of Georgia reviewed the case and affirmed the convictions. The court held that the evidence was sufficient to support the convictions under constitutional due process and Georgia statutory law. The court also found no error in the trial court's jury instruction on party to a crime, as there was at least slight evidence supporting the theory that Nunnally was involved in the events leading to Mitchell's murder. The judgment was affirmed, and all justices concurred. View "Nunnally v. State" on Justia Law

In January 2013, Demon Wilson was involved in the shooting death of Desmond Kinnemore in Rockmart, Georgia. Witnesses Cindy and John Bowman saw Kinnemore approach a red sedan, heard a gunshot, and saw Kinnemore fall into a ditch. The red sedan then drove away. Police later found Kinnemore dead with a gunshot wound to the head and a .223 caliber shell casing nearby. Wilson was stopped by police driving a red Cadillac matching the description given by the Bowmans. Further investigation revealed .223 caliber cartridges and a spent shell casing in Wilson’s car, which matched the casing found at the crime scene. Wilson was indicted and convicted of malice murder and related crimes.Wilson was tried in the Superior Court of Polk County, where the jury found him guilty on all counts. The trial court sentenced him to life in prison without the possibility of parole for malice murder, merging the other counts for sentencing purposes. Wilson’s motion for a new trial was denied by the trial court.The Supreme Court of Georgia reviewed the case. Wilson argued that the evidence was insufficient to support his conviction and that the trial court erred by not allowing evidence of other suspects. The Supreme Court held that the evidence was sufficient to support the conviction, as it excluded every reasonable hypothesis except Wilson’s guilt. The court also found that any error in excluding evidence of other suspects was harmless, given the strong evidence against Wilson. The Supreme Court of Georgia affirmed the lower court’s judgment, upholding Wilson’s conviction and sentence. View "Wilson v. State" on Justia Law

Rendell Russell was convicted in 2022 for malice murder and related crimes after killing Gregory James with a machete. The incident occurred on October 27, 2020, following Russell's breakup with his girlfriend, Kenisha Shepherd. On the night of the crime, Russell entered Shepherd's apartment uninvited, where James, Shepherd's new boyfriend, was staying. Despite being asked to leave, Russell returned with a machete, confronted James, and ultimately attacked him, resulting in James's death from multiple sharp and blunt force injuries.A Cobb County grand jury indicted Russell on several charges, including malice murder, felony murder, and aggravated assault. The trial court bifurcated the firearm possession count. In March 2022, a jury found Russell guilty on all counts. The trial court sentenced him to life without parole for malice murder and additional concurrent and consecutive terms for other charges. Russell's motion for a new trial was denied by the trial court in December 2023, leading to this appeal.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 the jury's verdict, rejecting Russell's claim of self-defense. The court found that Russell was the aggressor and that the State had disproved his justification defense beyond a reasonable doubt. Additionally, the court rejected Russell's claim of ineffective assistance of counsel, concluding that his trial counsel's decision not to file a pretrial motion for immunity was a reasonable strategic choice. The court determined that there was little chance such a motion would have been successful given the evidence against Russell. View "Russell v. State" on Justia Law

In January 2020, Nelaunte Grant was convicted of felony murder related to the shooting death of Shawntray Grant in June 2018. Nelaunte Grant, along with several co-indictees, was charged in a 108-count indictment for crimes related to Shawntray’s death and other unrelated crimes. However, Nelaunte Grant was only charged with felony murder predicated on armed robbery and armed robbery, not the additional crimes. After a joint trial, she was found guilty of felony murder and armed robbery and sentenced to life in prison. She filed a motion for a new trial, arguing that the evidence presented was insufficient to support her conviction for felony murder.The trial court denied the motion for a new trial. Nelaunte Grant appealed, contending that the evidence was insufficient to support her conviction for felony murder, both as a matter of constitutional due process and under Georgia statutory law. She argued that the State failed to prove she was a party to the crimes and that the evidence showed only her mere association with a co-defendant, Osha Dunham, who was directly responsible for Shawntray’s death.The Supreme Court of Georgia affirmed the lower court's decision. The court found that the evidence, while not overwhelming, was sufficient to support Nelaunte Grant’s conviction. The court noted that the jury could reasonably infer that Nelaunte Grant advised Dunham about Shawntray’s winnings and whereabouts, hatched a plan with Dunham to rob Shawntray, and then attempted to conceal any evidence of her participation in the crimes. The court also rejected Nelaunte Grant’s argument that the State failed to exclude every reasonable hypothesis other than her guilt, finding that the jury was authorized to reject as unreasonable the hypothesis that she "innocently" communicated information about Shawntray’s winnings and whereabouts to Dunham and later made false statements to investigators out of fear. View "GRANT v. THE STATE" on Justia Law