Even During a Pandemic, Fear-Mongering About the Debt Has Predictably Reared Its Ignorant Head

NEIL H. BUCHANAN

UF Levin College of Law professor and economist Neil H. Buchanan explains why we should not be concerned about increasing the federal government’s debt, despite what some journalists are suggesting. Buchanan points out that sometimes—such as during a pandemic or other crisis—the federal government should borrow more to prevent a downward economic spiral.

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Collins v. Georgia

Docket: S20A0158

Opinion Date: April 20, 2020

Judge: David E. Nahmias

Areas of Law: Constitutional Law, Criminal Law

Appellant Tommy Collins was convicted of felony murder in connection with the stabbing death of 14-year-old Rueben Hand. Friends gathered to watch the Peach Drop on New Year's Eve 2010; a disagreement ensued and Hand was stabbed near the Five Points MARTS station shortly after midnight. Appellant’s only argument on appeal was that the trial court plainly erred when it gave the jury the State’s requested instruction on “revenge for a prior wrong.” Seeing no error, "much less plain error," the Georgia Supreme Court affirmed.

Heyward v. Georgia

Docket: S20A0399

Opinion Date: April 20, 2020

Judge: Peterson

Areas of Law: Constitutional Law, Criminal Law

Larmell Heyward was convicted by jury of malice murder and possession of a firearm during the commission of a felony in connection with the 2007 shooting death of Ramon Rogers. Heyward argued on appeal of those convictions that the trial court erred in denying his request to charge the jury on voluntary manslaughter. After review, the Georgia Supreme Court determined the trial court’s refusal to give the charge was harmless, since, in the Court's estimation, there was no realistic probability that the jury would have accepted the "slight" evidence of voluntary manslaughter in the light of the strong evidence of malice murder.

Howard v. Georgia

Docket: S20A0819

Opinion Date: April 20, 2020

Judge: Keith R. Blackwell

Areas of Law: Constitutional Law, Criminal Law

Kenneth Howard was tried by jury and convicted of the murder of Emily Ann Smith Newbegin. Howard appealed, contending that the evidence was legally insufficient to sustain his conviction. Upon its review of the record and briefs, the Georgia Supreme Court found no merit in Howard's claim of error, and affirmed.

Keller v. Georgia

Docket: S20A0006

Opinion Date: April 20, 2020

Judge: Boggs

Areas of Law: Constitutional Law, Criminal Law

Randall Keller was convicted of felony murder and related crimes arising out of the beating death of his ex-wife’s two-year-old son, William Powell. On appeal, Keller raised numerous claims of error, including ineffective assistance of counsel, the trial court’s rulings on motions before and during trial, several evidentiary rulings, and alleged bias on the part of the trial judge. However, finding no reversible error, the Georgia Supreme Court affirmed Keller's convictions.

Mills v. Georgia

Docket: S20A0364

Opinion Date: April 20, 2020

Judge: Ellington

Areas of Law: Constitutional Law, Criminal Law

Roger Mills was found guilty by jury of malice murder and aggravated assault in connection with the death of Masuto Garrett. Mills contended that the trial court erred when, during jury deliberations, it excused a holdout juror without sufficient inquiry or good cause. After review, the Georgia Supreme Court concurred with that contention, and reversed Mills’s convictions. The Court also concluded the evidence presented at trial was legally sufficient to support the convictions, so the State could retry Mills if it chose.

Moore v. Georgia

Docket: S20A0344

Opinion Date: April 20, 2020

Judge: David E. Nahmias

Areas of Law: Constitutional Law, Criminal Law

Appellant Carzell Moore, proceeding pro se, appealed a trial court’s denial of his motion to set aside a September 2017 order denying his motion for an out-of-time appeal of his 2002 resentencing on his 1977 convictions for murder and rape. Moore contended the trial court abused its discretion by denying his motion to set aside because he was not given proper notice of the September 2017 order. Finding that the record supported the trial court’s ruling, the Georgia Supreme Court affirmed.

Morris v. Georgia

Docket: S20A0176

Opinion Date: April 20, 2020

Judge: Bethel

Areas of Law: Constitutional Law, Criminal Law

Darius Morris was found guilty by jury of malice murder and other offenses in connection with the shooting death of Jameson Bush. Morris appealed, arguing he was denied the right to a timely appeal, that the trial court erred in restricting voir dire as to the religious beliefs and connections of potential jurors, that the trial court erred by giving a confusing jury charge regarding statements of co-conspirators, that the trial court erred by violating his right to a public trial by ordering that the courtroom doors be closed and locked during the court’s charge to the jury, and that his trial counsel provided ineffective assistance by not objecting to the closure of the courtroom. Finding no error, the Georgia Supreme Court affirmed.

Rickman v. Georgia

Docket: S20A0127

Opinion Date: April 20, 2020

Judge: Harold D. Melton

Areas of Law: Constitutional Law, Criminal Law

Victoria Rickman was convicted by jury of malice murder and a related firearm offense in connection with the shooting death of William Carter, Jr. Rickman and Carter had a tumultuous on-again, off-again relationship with a history of verbal and physical abuse, false accusations of sexual assault, empty threats to obtain temporary protective orders, and numerous calls to 911. In the days leading up to Carter’s death, the pair was talking and meeting again despite a recent break-up. On one such 911 call, officers went to Rickman's residence responding to claims shots were fired. Rickman responded holding her small dog, hair wet, and in pajamas. She did not appear to be injured, and nothing in the home looked disturbed or out of place. Rickman told the officers, “he raped me again and I shot him.” Officers found Carter laying face up on the bed naked with multiple gunshot wounds to his body. An autopsy revealed that Carter was shot ten times – four times in the chest, three times in the back, once on the arm, and twice in the head. Rickman’s examining physician testified that he found no injuries on Rickman consistent with her description of events, and no signs of trauma to her vaginal cavity. Rickman appealed her convictions, arguing she was denied effective assistance of counsel and that the trial court erred in admitting improper character evidence. Finding no reversible error, the Georgia Supreme Court affirmed.

Robinson v. Georgia

Docket: S20A0265

Opinion Date: April 20, 2020

Judge: Peterson

Areas of Law: Constitutional Law, Criminal Law

Herbert Robinson appealed his convictions for malice murder, armed robbery, and possession of a firearm during the commission of a felony in connection with the death of Michael Moore. On appeal, he argued the trial court erred by allowing the State to use two firearms for demonstrative purposes during trial, and by allowing body-camera footage to be shown at trial. He also argued his trial counsel was ineffective for failing to object to a letter written by Robinson’s cellmate being available to the jury for review during deliberations, and for failing to object to a visual aid used by the State during closing arguments. Because Robinson failed to show ineffective assistance of counsel or reversible error by the trial court, the Georgia Supreme Court affirmed.

Santana v. Georgia

Docket: S20A0563

Opinion Date: April 20, 2020

Judge: Warren

Areas of Law: Constitutional Law, Criminal Law

Cuevas Carlos Santana was convicted by jury of malice murder and other crimes in connection with the 2010 shooting deaths of Israel Espinoza Mendoza, Vincente Soto Chavez, and Renato Soto Valencia. On appeal, Santana argues that the evidence was insufficient to support his convictions, that the trial court erred by declining to grant Santana a new trial on the general grounds, and that trial counsel provided ineffective assistance. Finding no reversible error, the Georgia Supreme Court affirmed Santana’s convictions.

Sullivan v. Georgia

Docket: S20A0056

Opinion Date: April 20, 2020

Judge: Warren

Areas of Law: Constitutional Law, Criminal Law

A jury convicted Antonio Sullivan of malice murder and other crimes in connection with the shooting death of Wava Benton. On appeal, Sullivan contended his trial counsel was constitutionally ineffective by failing to present evidence at trial to corroborate Sullivan’s testimony about prior difficulties between Sullivan and Benton, and by failing to procure expert testimony about Sullivan’s mental health—specifically about post-traumatic stress disorder— to be presented to the jury. The Georgia Supreme Court determined Sullivan failed to establish that his trial counsel was deficient in either respect, and therefore affirmed his convictions.

Turner v. Georgia

Docket: S20A0247

Opinion Date: April 20, 2020

Judge: Warren

Areas of Law: Constitutional Law, Criminal Law

Appellant Ronald Turner appeals from his conviction for malice murder stemming from the stabbing death of William King. The stabbing took place outside an apartment at which Turner had driven in order to trade food for drugs. Turner testified in his own defense at trial and claimed that King hit him in the head with a beer bottle because Turner owed money to King from a prior drug transaction. Turner testified that he tried to get away from King, but that King chased him down and grabbed his jacket. According to Turner, King was getting ready to hit him again when Turner stabbed King in self-defense. Appealing his ultimate conviction, Turner contended he was denied the effective assistance of counsel in three respects. Seeing no reversible error after a review of the trial court record, the Georgia Supreme Court affirmed Turner's conviction.

Valrie v. Georgia

Docket: S20A0380

Opinion Date: April 20, 2020

Judge: Keith R. Blackwell

Areas of Law: Constitutional Law, Criminal Law

Reuben Valrie was tried by jury and convicted of murder and other crimes in connection with the death of his infant daughter Aliyana. Valrie appealed, claiming that he was denied the effective assistance of counsel. Aliyana died as a result of closed head trauma, with a blunt-force abdominal injury as a secondary cause of death, which investigators determined was consistent with being shaken or dropped. At trial, Valrie presented the testimony of four expert witnesses who testified that Aliyana died of natural causes and that the injuries to her brain and abdomen were caused by events such as post-mortem CPR and the “rough” handling of her body by first responders. The jury rejected this defense and found Valrie guilty of murder and the other charges. Valrie contended that his trial lawyer should have raised a hearsay objection to the admission of recorded statements that his girlfriend (and Aliyana's mother) made to police investigators (as well as the testimony of one of those investigators about some of those statements). Alternatively, Valrie argued that his lawyer should have sought the redaction of certain portions of the recorded statements that impugned his character. The Georgia Supreme Court concluded Valrie failed to present evidence that his trial counsel was deficient, or that he was prejudiced by any alleged failures. According, the Court affirmed conviction.

Williams v. Georgia

Docket: S20A0241

Opinion Date: April 20, 2020

Judge: Keith R. Blackwell

Areas of Law: Constitutional Law, Criminal Law

Richard Williams, II, was tried by jury and convicted of murder in connection with the strangulation death of Cory Robinson. Williams and Robinson were involved in a sexual relationship and had been living together at an extended-stay hotel. Kelvin Spencer was a close friend of both Williams and Robinson. When Spencer met Williams at the hotel room, Williams looked angry and had scratches on his neck. Spencer saw Robinson lying on the floor in a “praying position.” Spencer did not believe Robinson was dead, and he helped Williams move clothes and other things to a U-Haul truck parked outside, in preparation for a move. Williams did not testify or present any evidence. Based on his lawyer’s opening and closing arguments, the defense theory was that Spencer killed Robinson because he was jealous of Williams’s relationship with Robinson. Williams’s sole claim on appeal was that he was denied the effective assistance of counsel when his trial lawyer failed to present as a defense that Williams accidentally killed Robinson during consensual erotic asphyxiation. He argued that his lawyer's discomfort with the topic of homosexual BDSM activity, and his own problems with the Georgia State Bar, precluded presentation of the "true" version of events, and that Williams acceded to the lawyer's defense strategy only "through ignorance and that he did not know that a defense based on consensual erotic asphyxiation was available." Finding no reversible error, the Georgia Supreme Court affirmed conviction.