Update on Trump’s Coup: Do Not Think That This Is Guaranteed to End Well

NEIL H. BUCHANAN

UF Levin College of Law professor Neil H. Buchanan explains why “being patient with Trump” is a recipe for disaster, why there are still reasons to be guardedly optimistic, and why this all could still end very badly. Buchanan argues that the present situation is not guaranteed end badly, but he cautions that a Trump coup is eminently possible.

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Allen v. Georgia

Dockets: S20A1081, S20A1082

Opinion Date: November 12, 2020

Judge: Peterson

Areas of Law: Constitutional Law, Criminal Law

Dylon Allen and Zaykives McCray appealed their convictions for malice murder and other offenses in connection with the shooting death of Chiragkumar Patel. Allen argued on appeal that the trial court erred by admitting evidence of a prior robbery and by allowing McCray’s out-of-court statements to be used against Allen, and that these errors cumulatively prejudiced him. McCray argued the trial court erred by failing to ensure that McCray understood his right to be present at bench conferences and failing to instruct the court reporter to transcribe the entirety of voir dire. After review, the Georgia Supreme Court affirmed: (1) Allen’s convictions, because any errors in admitting evidence of a prior robbery and McCray’s out-of-court statements were harmless, even considered cumulatively; and (2) McCray’s convictions, because the record showed McCray elected not to attend bench conferences despite being told that he could, and the trial court was not required to order the court reporter to transcribe voir dire.

Bonner v. Georgia

Docket: S20A1146

Opinion Date: November 12, 2020

Judge: Ellington

Areas of Law: Constitutional Law, Criminal Law

Ronnie Bonner entered a non-negotiated guilty plea to malice murder and other charges in connection with a March 2012 home invasion in Richmond County, Georgia. Bonner later filed a motion to withdraw his guilty plea, and, following a hearing, the trial court entered an order denying the motion. Bonner appealed, challenging the voluntariness of his plea and claiming that he received ineffective assistance of counsel. Because the trial court lacked jurisdiction to consider the merits of Bonner’s motion to withdraw, the Georgia Supreme Court vacated the appealed order and remanded this case to the trial court for dismissal of Bonner’s motion to withdraw his guilty plea.

Casey v. Georgia

Docket: S20A1105

Opinion Date: November 12, 2020

Judge: Bethel

Areas of Law: Constitutional Law, Criminal Law

Clarence Casey was convicted by jury of felony murder predicated on an aggravated assault and possession of a firearm during the commission of a felony in connection with the shooting death of Alfred Bradley. Following the denial of his motion for new trial, Casey appealed, alleging: (1) the State presented insufficient evidence to support the jury’s verdict; (2) the trial court did not apply the proper standard in evaluating Casey’s claim for relief on the “general grounds” set forth in OCGA sections 5-5-20 and 5-5-21; and (3) the trial court erred by admitting certain evidence. While the Georgia Supreme Court found was sufficient evidence to support the verdict as a matter of due process, it concluded the trial court failed to exercise its discretion as the “thirteenth juror” under OCGA sections 5-5-20 and 5-5-21 in ruling on Casey's motion for a new trial. The Court therefore vacated the trial court's order in part and remanded the case to the trial court. Necessarily, the Court did not reach Casey's final enumeration of error.

Hughes v. Georgia

Docket: S20A1309

Opinion Date: November 12, 2020

Judge: Harold D. Melton

Areas of Law: Constitutional Law, Criminal Law

Lawrence Hughes was convicted by jury of the felony murder of Jamon Epps, and related crimes. On appeal, he contended: (1) the evidence was insufficient; (2) the trial court made certain evidentiary and charging errors; and (3) trial counsel was constitutionally ineffective. Finding no reversible error, the Georgia Supreme Court affirmed Hughes' convictions.

Merritt v. Georgia

Docket: S20A1190

Opinion Date: November 12, 2020

Judge: Peterson

Areas of Law: Constitutional Law, Criminal Law

Jerry Merritt appealed his convictions for malice murder and possession of a firearm during the commission of a felony for the 2014 shooting death of Anthony Taylor, following an argument between the two. Merritt contended his trial counsel was ineffective, and that the trial court erred by failing to give jury instructions on voluntary manslaughter and duty to retreat, and by allowing the prosecutor to ask leading questions. After review, the Georgia Supreme Court concluded any deficient performance by counsel did not prejudice Merritt’s case; any error by the trial court in allowing leading questions was harmless; and that the trial court did not plainly err in refusing to give the requested instructions.

Morris v. Georgia

Docket: S20A1218

Opinion Date: November 12, 2020

Judge: Melton

Areas of Law: Constitutional Law, Criminal Law

Tommy Lee Morris was convicted by jury of felony murder and possession of a firearm by a convicted felon in connection with the shooting death of Tony Foster. Morris contended on appeal only that the evidence presented against him at trial was insufficient to support his convictions. Finding no reversible error, the Georgia Supreme Court affirmed Morris' convictions.

Smallwood v. Georgia

Docket: S20A1274

Opinion Date: November 12, 2020

Judge: Carla Wong McMillian

Areas of Law: Constitutional Law, Criminal Law

Derek Smallwood was convicted after a bench trial for entering an automobile under OCGA 16*8*18. He argued the statute was void for vagueness, or alternatively, under the rule of lenity, he should have been sentenced for misdemeanor criminal trespass of a vehicle. After review, the Georgia Supreme Court concluded OCGA 16-8-18 was not unconstitutionally vague as applied to the facts of Smallwood’s case, and because that statute prevailed as the more specific statute over criminal trespass of a vehicle, the rule of lenity did not apply.

Thornton v. Georgia

Docket: S20G0613

Opinion Date: November 12, 2020

Judge: Keith R. Blackwell

Areas of Law: Constitutional Law, Criminal Law

In the parking lot of a gas station, a Department of Natural Resources (DNR) game warden told Christopher Thornton to turn down the volume of his car stereo. Thornton refused to comply, and he eventually drove away, dragging the game warden for a short distance. He later was arrested and charged with several crimes, including two counts of obstructing a game warden in the lawful discharge of his official duties. Thornton was convicted by jury. On appeal, he argued the evidence presented at trial was insufficient to sustain his convictions for obstruction because it failed to establish that the game warden was in the lawful discharge of his official duties at the time of the incident. In particular, Thornton argued that a game warden had no authority to enforce the Uniform Rules of the Road, which limited the volume of sound that can be emitted from a stereo in a motor vehicle - in the parking lot of a gas station. The Court of Appeals rejected these arguments and affirmed the judgment of conviction. Although its analysis differed somewhat from that of the Court of Appeals, the Georgia Supreme Court concluded the obstruction convictions could stand.

Wilcox v. Georgia

Docket: S20A1173

Opinion Date: November 12, 2020

Judge: Boggs

Areas of Law: Constitutional Law, Criminal Law

Namon Wilcox challenged his 2016 convictions for rape, malice murder, and other crimes in connection with the rape and subsequent stabbing death of Suzanne Stilwell. Wilcox contended the evidence was insufficient to sustain his convictions and asked the Georgia Supreme Court to grant him a new trial on general grounds. Finding no reversible error, the Supreme Court affirmed Wilcox's convictions.

Inquiry Concerning Judge Robert M. Crawford

Docket: S18Z1636

Opinion Date: November 12, 2020

Judge: Per Curiam

Areas of Law: Legal Ethics, Professional Malpractice & Ethics

The Hearing Panel of the Judicial qualifications Commission ("JQC") recommended that Judge Robert "Mack" Crawford be "removed from office" for violating Rule 1.1 of the Georgia Code of Judicial Conduct ("CJC") which said "Judges shall respect and comply with the law." Judge Crawford resigned as Superior Court judge of the Griffin Judicial Circuit upon investigation by the JQC. The complaint alleged that Crawford violated CJC Rule 1.1 in two ways: (1) by “impermissibly converting money from the registry of the Superior Court of Pike County . . . when he ordered the Pike County Clerk via handwritten note to disburse $15,675.62 in funds from the court registry to him via check” and “then cashed and used a portion of the check for his personal benefit and deposited the remainder of this money in his personal checking account,” although he later returned the funds; and (2) by “failing to follow the proper procedure for the disbursement of funds, even if the money had been his, as required by law,” noting the certification requirement for withdrawal of funds from a court registry contained in Uniform Superior Court Rule 23. In 2002, when Crawford was in private practice, he had deposited the funds into the registry from his client trust account in connection with a lawsuit. The JQC complaint acknowledged that Crawford claimed that at least some of the money was owed to him as attorney fees and expenses.The Hearing Panel did not recommend that Crawford be permanently barred from seeking or holding judicial office. The JQC Director did not file a notice of exceptions, thereby accepting the Hearing Panel’s recommendation. Under rules promulgated by the Georgia Supreme Court, the Court had to file a written decision either dismissing this matter or imposing a sanction. The Court elected to dismiss.