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Justia Daily Opinion Summaries

Supreme Court of Georgia
January 12, 2021

Table of Contents

Harper v. Georgia

Constitutional Law, Criminal Law

Johnson v. Georgia

Constitutional Law, Criminal Law

Nesby v. Georgia

Constitutional Law, Criminal Law

Palmer v. Georgia

Constitutional Law, Criminal Law

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Remembering Deborah Rhode: Co-Author, Friend, and Feminist Co-Conspirator

JOANNA L. GROSSMAN, KATHARINE BARTLETT, DEBORAH L. BRAKE

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SMU Dedman School of Law professor Joanna L. Grossman, Duke Law professor Katharine T. Bartlett, and Pitt Law professor Deborah L. Brake reflect on the life and achievements of Professor Deborah Rhode, who recently passed away. Professors Grossman, Bartlett, and Brake describe Professor Rhode’s countless contributions to the legal academy and to the fight for gender equity.

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Supreme Court of Georgia Opinions

Harper v. Georgia

Docket: S20A1288

Opinion Date: January 11, 2021

Judge: Boggs

Areas of Law: Constitutional Law, Criminal Law

Appellant Larry Harper, Jr. was convicted of the malice murder of his 20-year-old girlfriend, Thandiwe “Tandy” Hunt, the concealing of her death, and for tampering with evidence. Hunt wanted to leave Appellant, but whenever she mentioned leaving him, he threatened to hurt her, and she was scared for her life. Hunt’s mother last saw Hunt alive the final week of January 2011. Hunt's best friend was on the phone with her and heard "tussling" in the background; Hunt briefly continued talking, but abruptly told the friend she would would to call back. The friend never heard from Hunt again. A postal worker delivering mail stopped briefly at a wooded lot, where he saw a suspicious object about 60 feet from the road. When officers arrived, they found a body sealed in two large black trash bags. Hunt's mother identified the body as Hunt's at the end of February 2011. A medical examiner determined Hunt died from strangulation or some other asphyxia-related cause. Traces of Appellant's DNA was on Hunt's body. He was arrested and spoke with officers. At first, he averred he could not remember the last time he saw Hunt, because he was involved with “so many women.” When the detectives informed Appellant that his DNA was found on Hunt’s body, he changed his story, claiming that he deeply loved Hunt, that he found her dead after she committed suicide, and that the reason his DNA was found on her body was because he was crying. Appealing his eventual conviction, Appellant contended the trial court erred in ruling that his pretrial statements to the police in 2011 and 2012 were admissible. Finding no reversible error, the Georgia Supreme Court affirmed the trial court's judgment.

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Johnson v. Georgia

Docket: S20A1289

Opinion Date: January 11, 2021

Judge: Warren

Areas of Law: Constitutional Law, Criminal Law

Sharod Johnson was convicted of malice murder and other crimes in connection with a 2010 string of armed robberies that culminated in the shooting death of David Casto. Johnson contended the trial court erred when it failed to strike the testimony of a State witness, and that Johnson was deprived of the effective assistance of counsel with regard to that witness. Johnson also contended the trial court erred when it denied his motions to suppress evidence related to searches of his cell phone, home, and car. Finding no reversible error, the Georgia Supreme Court affirmed.

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Nesby v. Georgia

Docket: S21A0207

Opinion Date: January 11, 2021

Judge: Boggs

Areas of Law: Constitutional Law, Criminal Law

Javian Nesby appealed his convictions for malice murder and other crimes in connection with the 2017 shooting death of Jordan Morris. Nesby contended the trial court erred by conducting numerous bench conferences outside of his presence. After review of the trial court record, the Georgia Supreme Court found no reversible error from these conferences and affirmed Nesby's convictions.

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Palmer v. Georgia

Docket: S20A1118

Opinion Date: January 11, 2021

Judge: Boggs

Areas of Law: Constitutional Law, Criminal Law

Kevin Palmer was acquitted of malice murder, but convicted by jury of felony murder and other offenses in connection with the shooting death of William Whitsett. His amended motion for new trial was denied, and he appealed, contending the trial court erred in denying his motion to suppress, and excluding alleged alibi testimony. He also argued he received ineffective assistance of trial counsel. Concluding that there was no reversible error, the Georgia Supreme Court affirmed.

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