BLACKWELL , Justice . In November 2005, Michael Lejeune pleaded guilty to murder, was convicted upon his plea, and was sentenced to imprisonment for life without the possibility of parole. Years later, Lejeune filed a petition for a writ of habeas corpus, alleging that his plea was invalid because, he said, he never was advised that, if he instead had insisted upon a trial, he could not have been compelled at that trial to testify against himself. Following an evidentiary hearing, the...
THOMPSON , Chief Justice . These cases present constitutional and statutory questions arising from the use of private probation companies by Georgia courts to provide misdemeanor probation supervision services. Thirteen plaintiffs filed individual civil actions against Sentinel Offender Services, LLC, a private for-profit probation servicing entity, and other defendants seeking declaratory and injunctive relief and damages based on claims that Sentinel unlawfully collected probation...
HUNSTEIN , Justice . Appellant Jamere Drake was convicted of felony murder and related offenses in connection with the November 2011 shooting death of James Woods in downtown Savannah. Drake now appeals, contending that the trial court erred in admitting his statements to police, which he alleges were obtained through the use of improper interrogation techniques and in violation of Miranda v. Arizona, 384 U.S. 436 , 86 S.Ct. 1602, 16 L.Ed.2d 694 (1966). Finding no error, we affirm. 1...
HINES , Presiding Justice . Jeffery Wright appeals from his convictions and sentences for the malice murder of Ricardo Carbajal, the aggravated assaults of Carbajal, Eduardo Torrijos, Librado Gonzalez, and Victor De Leon Vega, the false imprisonment and armed robbery of Andre Lard, and possession of a firearm during the commission of a crime. For the reasons that follow, we affirm. 1 Construed to support the verdicts, the evidence showed that on June 16, 2008, Wright, along with Zachary...
PER CURIAM . This disciplinary matter is before the Court on the petition for voluntary discipline filed by Respondent Mary J. Workman (State Bar No. 776625) pursuant to Bar Rule 4-227(b)(2) before the issuance of a formal complaint. By this petition, Workman seeks to resolve four pending grievances and agrees to accept a reprimand for her multiple admitted violations of Rule 1.4 of the Georgia Rules of Professional Conduct, see Bar Rule 4-102(d). While the maximum sanction for such a...
THOMPSON , Chief Justice . The question for decision in this case is whether OCGA 9-11-68, a tort reform, fee-shifting statute, can be applied to a negligence action in which the injury occurred prior to the effective date of the statute, but in which the action was filed after that date. We answer this question affirmatively and, in so doing, we overrule L.P. Gas Industrial Equipment Co. v. Burch, 306 Ga.App. 156 , 701 S.E.2d 602 (2010). Wayne Farms owned and operated a chicken...
MELTON , Justice . Following a jury trial, Robert Lee Gill was found guilty of felony murder, aggravated battery, and aggravated assault in connection with the beating death of Terry Lynn Carson. 1 On appeal Gill contends that the evidence was insufficient to support the verdict and that the trial court erred by excluding at trial certain medical records evidence pertaining to the victim. We affirm. 1. Viewed in the light most favorable to the jury's verdict, the evidence reveals that, on...
NAHMIAS , Justice . Ervin Bighams and Jordan Crear appeal their convictions for felony murder, two counts of aggravated assault, and possession of a firearm arising from a shooting that killed Travis Tyson, injured Tony Reeves, and threatened Larry Reeves. We affirm in both cases. 1 1. (a) Viewed in the light most favorable to the jury's verdicts, the evidence presented at trial showed the following. On the night of July 2, 2004, Crear drove his Toyota Avalanche truck from his home in...
BENHAM , Justice . Appellant Antonio Ruffin was, at the time of the criminal conduct involved in this case, an inmate at Hancock State Prison. He was indicted for malice murder and felony murder in connection with the death of fellow inmate Darrell Blackwelder after a fight in the prison yard. Appellant was found guilty on both counts and sentenced to life imprisonment without the possibility of parole. 1 Viewed in the light most favorable to the verdict, the evidence at trial showed...
NAHMIAS , Justice . Appellant Brandon Lewis was convicted of felony murder and other crimes in connection with the shooting death of Deonte Hudson. On appeal, he argues only that the evidence presented at trial did not support his convictions. We affirm. 1 1. Viewed in the light most favorable to the verdicts, the evidence presented at trial showed the following. Hudson lived with his mother in the Bowen Homes apartment complex in Atlanta. On the morning of November 13, 2007, his mother...
MELTON , Justice . Following the trial court's ruling that permanently enjoined the Georgia Department of Corrections (GDC) from requiring Mario Urbina to register as a sex offender, Brian Owens, Commissioner of the GDC, appeals. For the reasons set forth below, we affirm. The record shows that Urbina, a Georgia resident, taught piano lessons to children in Alabama. On February 1, 2012, Urbina was indicted in Alabama for (1) Enticing a Child to Enter for Immoral Purposes and (2) Sex Abuse...
MELTON , Justice . Following a jury trial, Bryant Washington was found guilty of malice murder, two counts of felony murder, aggravated assault, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon. 1 On appeal, Washington argues that the trial court made several errors regarding the introduction of identification testimony and that trial counsel rendered ineffective assistance. For the reasons set forth below, we affirm. 1. In the...
THOMPSON , Chief Justice . This is the second appearance of this case in this Court. In Kipp v. State, 294 Ga. 55 , 751 S.E.2d 83 (2013), appellant Deanna Kipp appealed her convictions and sentences for four counts of felony murder, one count of involuntary manslaughter, two counts of cruelty to children in the first degree, one count of concealing the death of another, and two counts of making false statements in connection with the abuse and resulting death of her 18-month-old...
THOMPSON , Chief Justice . Appellant Steven Rouse was found guilty of felony murder and robbery in connection with the beating death and robbery of Scott Gillens. His motion for new trial, in which he asserted the general grounds, was denied, and he appeals, arguing that the trial court erred by commenting on the evidence in violation of OCGA 17-8-57. After reviewing the record and relevant case law, we agree that the trial court's statement to the venire that the murder "happened in...
BENHAM , Justice . Appellants Jaqwanta Grimes, Brandon Reed, Antoine Willis, and Kyree Brantley appeal their convictions stemming from the shooting death of Marcus Holloway and the aggravated assault of LaQuinton Forte. For reasons set forth herein, we affirm. 1 The evidence viewed in a light most favorable to the verdict shows that in January 2011, co-indictee Charles Slaton (a.k.a."Fat") had a dispute with Dwain O'Neal. 2 On the afternoon of the shooting, Slaton was visiting the...
THOMPSON , Chief Justice . A jury convicted appellant, Samuel L. Parker, of malice murder and other crimes in connection with the disappearance of his estranged wife, Theresa Parker. 1 His motion for new trial was denied, and he appeals, asserting that the trial court erred (1) in denying his motion to suppress evidence obtained during a warrantless search of his property; (2) by permitting the State to present similar transaction evidence; and, (3) by giving the jury an Allen charge on...
HUNSTEIN , Justice . Appellant Thomas Marlin Francis was convicted by a jury of murder and related offenses for the October 31, 2006 shooting death of his wife, Denise Michele Francis. Francis appeals the denial of his amended motion for new trial, contending that the evidence was insufficient for a jury to find him guilty; the trial court erred by denying his motion to suppress his custodial statement and refusing to give specific jury charges; and his trial counsel rendered ineffective...
THOMPSON , Chief Justice . Appellant Michael McNair was convicted of malice murder in connection with the death of his wife, Peggy. 1 He appeals, asserting that the evidence was insufficient to support the verdict and that his trial counsel provided ineffective assistance. Finding no error, we affirm. The evidence construed in favor of the verdict shows that the McNairs had been married for 23 years, but appellant had only recently returned to the marital home in January 2009 after...
HINES , Presiding Justice . This is a second appeal by convicted murderer Tyus Colton following a ruling by the trial court, upon remand, that his confession which was in evidence at his trial was voluntary. For the reasons which follow, we affirm such judgment by the trial court as well as Colton's judgments of conviction. A. Procedural History A jury found Colton guilty of malice murder, felony murder, aggravated assault, and aggravated battery in connection with the 2002 beating...
BLACKWELL , Justice . Cedrick Alexis Walker was tried by a Richmond County jury and convicted of the murder of Ramona Givens, the murder of Tyler Givens, and unlawfully concealing the death of Ramona. Walker appeals, contending that the evidence is insufficient to sustain his convictions, that the trial court erred when it excluded the testimony of a defense witness, and that he was denied the effective assistance of counsel. Upon our review of the record and briefs, we see no harmful...
