| SRM Group, Inc. v. Travelers Property Cas. Co. of America |
| Docket: S19G0473 Opinion Date: April 6, 2020 Judge: Bethel Areas of Law: Business Law, Contracts, Insurance Law |
| Travelers Property Casualty Company of America (“Travelers”) filed suit against SRM Group, Inc. (“SRM”), seeking to recover unpaid premiums due under a workers’ compensation insurance policy. In response, SRM asserted counterclaims against Travelers for breach of contract, breach of duty of good faith and fair dealing, and attorney fees based on Travelers’ audit of SRM’s employee risk classifications and subsequent refusal to reclassify those employees, which resulted in a substantial retroactive increase in the premium. A jury awarded Travelers damages based on SRM's failure to pay some of the alleged increased premium due under the policy. However, the jury found that Travelers had also breached the contract and acted in bad faith in conducting the audit and failing to reclassify certain SRM employees. The issue this case presented for the Georgia Supreme Court's review centered on whether a counterclaimant asserting an independent compulsory counterclaim could seek attorney fees and litigation expenses under Georgia case law. The Supreme Court overruled Byers v. McGuire Properties, Inc, 679 SE2d 1 (2009), and Sponsler v. Sponsler, 699 SE2d 22 (2010). "Thus, a plaintiff-in-counterclaim asserting an independent claim may seek, along with that claim, attorney fees and litigation expenses under OCGA 13-6-11, regardless of whether the independent claim is permissive or compulsory." In this case, the Court reversed that part of the Court of Appeals' opinion that followed Byers. |
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| Dresbach v. Georgia |
| Docket: S20A0153 Opinion Date: April 6, 2020 Judge: Peterson Areas of Law: Constitutional Law, Criminal Law |
| Irwin Dresbach appealed his convictions for felony murder and other crimes in connection with the 2014 shooting death of Jennifer Gatewood. Dresbach argued on appeal that his trial counsel was ineffective for failing to explain adequately the strength of the evidence against him, causing Dresbach to proceed to trial instead of accepting the State’s plea offer. After review, the Georgia Supreme Court affirmed, finding that Dresbach failed to establish a reasonable probability that he would have accepted the State’s plea offer but for trial counsel’s alleged deficiency. |
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| Ensslin v. Georgia |
| Docket: S20A0252 Opinion Date: April 6, 2020 Judge: David E. Nahmias Areas of Law: Constitutional Law, Criminal Law |
| Appellant Gary Ensslin was convicted of malice murder and other crimes in connection with the shooting death of Stephen Wills. Ensslin contended on appeal that in denying his motion for new trial, the trial court erred by ruling that the improper admission at his trial of statements that investigators elicited from him after he invoked his right to remain silent was harmless beyond a reasonable doubt. The Georgia Supreme Court disagreed and affirmed Ensslin's convictions. |
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| Frazier v. Georgia |
| Docket: S20A0226 Opinion Date: April 6, 2020 Judge: David E. Nahmias Areas of Law: Constitutional Law, Criminal Law |
| Appellant Michael Frazier, Jr. was convicted as a party to the crimes of felony murder and possession of a firearm during the commission of a felony in connection with the shooting death of one of his accomplices, Quenterious Griner. Appellant’s sole contention on appeal was that the evidence presented at his trial was insufficient to support his convictions. Finding the evidence sufficient, the Georgia Supreme Court affirmed. |
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| Georgia v. Holland |
| Docket: S20A0082 Opinion Date: April 6, 2020 Judge: Peterson Areas of Law: Constitutional Law, Criminal Law |
| Gary Holland was charged with first-degree vehicular homicide predicated on a hit- and-run. Holland moved to bar his prosecution for that offense. The trial court granted his motion, declaring OCGA 40-6-393(b) unconstitutional under the equal protection and due process clauses of the federal and state constitutions. The State appealed the trial court’s order. The finding that the trial court erred in finding the statute unconstitutional, the Georgia Supreme Court reversed. |
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| Hall v. Georgia |
| Docket: S20A0268 Opinion Date: April 6, 2020 Judge: Bethel Areas of Law: Constitutional Law, Criminal Law |
| Deante Hall was found guilty of malice murder, felony murder, aggravated assault, criminal attempt to commit malice murder, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon, in connection with the shooting death of Tony Butler and an assault on Levar Andrews.Hall challenged the sufficiency of the evidence as to each offense of which he was convicted. Finding no reversible error, the Georgia Supreme Court affirmed Hall's convictions. |
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| Hatney v. Georgia |
| Docket: S20A0202 Opinion Date: April 6, 2020 Judge: Ellington Areas of Law: Constitutional Law, Criminal Law |
| Cornelius Hatney was convicted by jury of felony murder predicated on aggravated assault in connection with the beating death of Etate Essang. Hatney appealed, contending that the trial court erred in refusing to give a requested jury instruction on voluntary manslaughter as a lesser offense of the charges of malice murder and felony murder. After review of the trial court record, the Georgia Supreme Court found no reversible error and affirmed Hatney's conviction. |
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| Hudson v. Georgia |
| Docket: S20A0218 Opinion Date: April 6, 2020 Judge: Peterson Areas of Law: Constitutional Law, Criminal Law |
| Phell Hudson, Jr. appealed his convictions for malice murder, possession of a firearm during the commission of a felony, and making a false statement, all stemming from the shooting death of Michael Allen. Hudson argued the trial court erred by failing to instruct the jury on voluntary manslaughter and insanity at the time of the alleged crimes. He also argued the trial court erred by limiting his cross-examination of a witness. The Georgia Supreme Court determined Hudson's jury instruction claims failed because the evidence presented at trial did not include even slight evidence to support either charge. And his cross- examination claim failed because any error was harmless. Accordingly, the Court affirmed Hudson's convictions. |
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| Martin v. Georgia |
| Docket: S20A0273 Opinion Date: April 6, 2020 Judge: Warren Areas of Law: Constitutional Law, Criminal Law |
| Marquez Martin was convicted by jury of felony murder and other crimes in connection with the shooting deaths of James Wood and Russell Jacobs. On appeal, Martin contended his trial counsel was constitutionally ineffective by failing to object to the trial court’s omission of certain language trial counsel had requested for the jury charge on defendant’s good character. Because Martin has failed to establish that his trial counsel was deficient in not objecting to the omission of the requested language, the Georgia Supreme Court affirmed the conviction, but vacated in part to correct a sentencing error. The trial court sentenced Martin to concurrent life sentences on all four felony murder convictions. But because there were only two murders, it was error for the trial court to sentence Martin on four murder counts. |
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| McGarity v. Georgia |
| Docket: S20A0104 Opinion Date: April 6, 2020 Judge: Ellington Areas of Law: Constitutional Law, Criminal Law |
| Amy McGarity was convicted by jury of murder and other crimes in connection with the kidnapping and strangulation death of Kayla Weil. McGarity contended that the trial court erred in denying her motion for a new trial, arguing that the evidence was insufficient to support her conviction for murder and that the trial court erred in admitting evidence of her bad character. Because neither of these claims had merit, the Georgia Supreme Court affirmed. |
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| Roseboro v. Georgia |
| Docket: S20A0159 Opinion Date: April 6, 2020 Judge: Warren Areas of Law: Constitutional Law, Criminal Law |
| Raekwon Roseboro was convicted of malice murder and other crimes in connection with the 2015 shooting death of Willie Deandre Jackson and the aggravated assault of Kendrick Ellison. On appeal, Roseboro argued he received constitutionally ineffective assistance of trial counsel. Finding no reversible error, the Georgia Supreme Court affirmed conviction. |
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| Watts.v. Georgia |
| Docket: S20A0251 Opinion Date: April 6, 2020 Judge: Boggs Areas of Law: Constitutional Law, Criminal Law |
| After the trial court granted his motion for new trial, Laurence Watts was retried before a jury in 2010 and again found guilty of malice murder and related offenses in connection with the 2003 shooting death of Brent Ogletree. His amended motion for new trial after the retrial was denied, and he appealed, claiming as his sole enumeration of error ineffective assistance of trial counsel. Finding no reversible error, the Georgia Supreme Court affirmed. |
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