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Justia Daily Opinion Summaries

Supreme Court of Georgia
May 5, 2020

Table of Contents

Burley v. Georgia

Constitutional Law, Criminal Law

Clarke v. Georgia

Constitutional Law, Criminal Law

Collins v. Georgia

Constitutional Law, Criminal Law

Dawson v. Georgia

Constitutional Law, Criminal Law

Evans v. Georgia

Constitutional Law, Criminal Law

Hill v. Georgia

Constitutional Law, Criminal Law

Oliver v. Georgia

Constitutional Law, Criminal Law

Rosser v. Georgia

Constitutional Law, Criminal Law

Spencer v. Georgia

Constitutional Law, Criminal Law

Styles v. Georgia

Constitutional Law, Criminal Law

Whitehead v. Georgia

Constitutional Law, Criminal Law

Carter v. Georgia

Construction Law, Criminal Law

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Supreme Court of Georgia Opinions

Burley v. Georgia

Docket: S20A0356

Opinion Date: May 4, 2020

Judge: Boggs

Areas of Law: Constitutional Law, Criminal Law

In 1992, Douglas Burley pled guilty to malice murder. He moved for an out-of-time appeal in 2019, claiming that his right to appeal was frustrated by his plea counsel’s erroneous advice that he could not appeal his conviction because it was the product of a guilty plea. The trial court denied Burley’s motion. After review, the Georgia Supreme Court vacated the trial court’s judgment and remanded the case with direction to hold a hearing to determine whether ineffective assistance of counsel frustrated Burley’s right to appeal.

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Clarke v. Georgia

Docket: S20A0258

Opinion Date: May 4, 2020

Judge: Ellington

Areas of Law: Constitutional Law, Criminal Law

Rupert Clark was convicted by jury for the malice murder of his wife, Rosemarie Lebert-Clark. He was also convicted of possession of a firearm during the commission of a felony. On appeal, he argued he received ineffective assistance of trial counsel, and that the trial court erred in admitting certain evidence, violated the continuing witness rule by sending out with the deliberating jury printouts of text messages, and by failing to instruct the jury that a defendant’s uncorroborated confession was not alone sufficient to warrant a conviction. Finding no reversible error after reviewing the trial court record, the Georgia Supreme Court affirmed conviction.

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Collins v. Georgia

Docket: S20A0195

Opinion Date: May 4, 2020

Judge: Harold D. Melton

Areas of Law: Constitutional Law, Criminal Law

Renita Collins was tried for murder along with co-defendant Michael Stallworth. Collins appealed her convictions for murder and possession of a firearm while in commission of a felony in connection with the shooting death of Keith Jacobs. On appeal. Collins contended she was denied a fair trial due to juror misconduct, the trial court abused its discretion by not allowing her to subpoena juror testimony to show that misconduct had occurred, and the trial court abused its discretion when it failed to excuse a prospective juror for cause. Finding no reversible error, the Georgia Supreme Court affirmed conviction.

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Dawson v. Georgia

Docket: S20A0217

Opinion Date: May 4, 2020

Judge: Warren

Areas of Law: Constitutional Law, Criminal Law

Lavaris Dawson was convicted by jury of felony murder and other crimes in connection with the shooting death of Mamadou Camara. On appeal, Dawson challenged the sufficiency of the evidence supporting his convictions, and argued the trial court erred in admitting Dawson’s statements to a detective during an interview because those statements were impermissibly induced by a hope of benefit, and that Dawson was denied his due process right to a timely appeal. After review, the Georgia Supreme Court disagreed and affirmed Dawson’s convictions.

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Evans v. Georgia

Docket: S20A0007

Opinion Date: May 4, 2020

Judge: McMillan

Areas of Law: Constitutional Law, Criminal Law

Jimmy Evans was convicted by jury for murder and other crimes relating to the 2006 deaths of Tavoris Calhoun and Dezmon Thomas. On appeal, Evans argued that because he was visibly intoxicated at the time he made statements to law enforcement and consented to a search of his home and person, the statements and consent were involuntarily given and the trial court should have granted his motion for new trial on this ground. Furthermore, Evans argued that his trial counsel was ineffective for failing to file a motion to suppress at trial on the same basis. Because Evans failed to show error or ineffective assistance of counsel, the Georgia Supreme Court affirmed his conviction.

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Hill v. Georgia

Docket: S20A0285

Opinion Date: May 4, 2020

Judge: Harold D. Melton

Areas of Law: Constitutional Law, Criminal Law

Esco Hill was convicted by jury of malice murder and other crimes relating to the stabbing death of Alford Morris in 2014. On appeal, Hill argued the trial court committed reversible error by requiring him to be visibly shackled for the duration of his six-day trial. After review of the trial court record, the Georgia Supreme Court concurred this was reversible error, consequently, reversed judgment of conviction. Because the Court concluded the evidence at trial was sufficient to sustain Hill's conviction, the State could re-try him. The Court did not address Hill's remaining enumerations of error, "as they are not likely to recur in the event of a retrial."

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Oliver v. Georgia

Docket: S20A0489

Opinion Date: May 4, 2020

Judge: McMillan

Areas of Law: Constitutional Law, Criminal Law

Jacquan Oliver entered a negotiated plea of guilty to felony murder in connection with the shooting death of Alexander Mixon. He appealed his conviction and sentence, arguing that the trial court abused its discretion in finding a factual basis for his plea, and in determining the plea was voluntarily, knowingly and intelligently made. Finding no merit to these contentions, the Georgia Supreme Court affirmed conviction.

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Rosser v. Georgia

Docket: S20A0103

Opinion Date: May 4, 2020

Judge: Bethel

Areas of Law: Constitutional Law, Criminal Law

Larry Rosser was convicted by jury of malice murder and other crimes in connection with the death of Alexis Vereen. On appeal, Rosser challenged the sufficiency of the evidence presented against him at trial, and argued the trial court erred by not granting his motion for a mistrial, and by allowing the State to introduce a portion of Rosser's custodial statement to law enforcement. In addition, he argued he received constitutionally ineffective assistance of trial counsel. Finding no reversible error after reviewing the trial court record, the Georgia Supreme Court affirmed conviction.

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Spencer v. Georgia

Docket: S20A0871

Opinion Date: May 4, 2020

Judge: Keith R. Blackwell

Areas of Law: Constitutional Law, Criminal Law

Christopher Spencer was convicted by jury of murder and other crimes in connection with the fatal shootings of Sylvia Watson and Samuel White. Spencer appealed, claiming only that the evidence was insufficient to support his convictions. Finding no reversible error after reviewing the trial court record, the Georgia Supreme Court affirmed conviction.

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Styles v. Georgia

Docket: S20A0236

Opinion Date: May 4, 2020

Judge: Ellington

Areas of Law: Constitutional Law, Criminal Law

Derrick Styles was convicted by jury of felony murder and other crimes in connection with the shooting death of Alberto Lumens and the armed robbery fo Juan Lumens Garcia. On appeal, Styles contended the trial court erred in admitting into evidence a recording of an inculpatory telephone conversation between himself and a witness. He also argued his trial counsel was ineffective for failing to object to an allegedly improper comment by the prosecutor during closing argument. Finding no merit to these contentions, the Georgia Supreme Court affirmed conviction.

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Whitehead v. Georgia

Docket: S20A0171

Opinion Date: May 4, 2020

Judge: Ellington

Areas of Law: Constitutional Law, Criminal Law

Javis Whitehead was convicted by jury of murder and other crimes in connection with the shooting death of Dominique Larry. On appeal, Whitehead challenged the sufficiency of the evidence presented to rebut his claim of self-defense and to convict him for murder beyond a reasonable doubt. He also argued the trial court erred in denying his motion to suppress his custodial statement, and in refusing to excuse for cause the District Attorney from the panel of prospective jurors prior to the conclusion of voir dire. Finding no merit to these contentions, the Georgia Supreme Court affirmed conviction.

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Carter v. Georgia

Docket: S20A0022

Opinion Date: May 4, 2020

Judge: David E. Nahmias

Areas of Law: Construction Law, Criminal Law

Brandon Carter was convicted by jury of malice murder and two firearm offenses in connection with the shooting death of Terrance Baker. On appeal, Carter contended the trial court erred by admitting certain hearsay statements into evidence and by violating his constitutional right to be present during his trial. Finding no reversible error, the Georgia Supreme Court affirmed conviction.

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