The Law Will Not Save Us

JOSEPH MARGULIES

Cornell law professor Joseph Margulies reminds us that the rule of law exists in the United States primarily to conceal politics; that is, one cannot rely on having “the law” on one’s side if politics are opposed. Margulies illustrates this point by replacing “the lawyers reviewed the law and decided” with “the high priests studied the entrails and decided”—a substitution that ultimately yields the same results.

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Allen v. Georgia

Docket: S19A1266

Opinion Date: January 27, 2020

Judge: Peterson

Areas of Law: Constitutional Law, Criminal Law

Johnny Allen appealed his felony murder and aggravated assault convictions for killing Robert Patton. On appeal, Allen argued the trial court erred by admitting evidence of events that occurred after the shooting, and by admitting photographs of the autopsy performed on Patton. Allen also argued the trial court erred and invaded the province of the jury by instructing the jury that a firearm was a deadly weapon as a matter of law. After review, the Georgia Supreme Court vacated the sentence for aggravated assault, which merged with felony murder by operation of law, but otherwise affirmed, because the Court determined Allen did not show no reversible error by the trial court in admitting evidence or instructing the jury.

Davis v. Georgia

Docket: S19A1432

Opinion Date: January 27, 2020

Judge: Boggs

Areas of Law: Constitutional Law, Criminal Law

In 2012, Sylvester Davis, Jr. was convicted of malice murder in connection with the 2011 shooting death of Marquis Wadley. Davis apppealed, arguing that the trial court abused its discretion in admitting certain testimony by a Georgia Bureau of Investigation (“GBI”) agent and in denying his motion for a mistrial, and that, to the extent that the Georgia Supreme Court concludes that he waived certain evidentiary objections by failing to raise them at trial, his trial counsel rendered ineffective assistance. Finding no reversible error, the Supreme Court affirmed Davis’ conviction.

Davis v. Georgia

Docket: S19G0394

Opinion Date: January 27, 2020

Judge: Harold D. Melton

Areas of Law: Constitutional Law, Criminal Law

The Georgia Supreme Court granted a petition for certiorari in this case to address whether a detainee who had not yet been indicted could seek to bar his prosecution through a plea in bar on the basis that the statute of limitation for prosecution has expired. The Supreme Court held that a plea in bar was not proper until an indictment has been filed. Therefore, the Court concurred with the Court of Appeals which held Davis’s plea in bar was improper prior to indictment. “Although various mechanisms may exist to challenge one’s pre-indictment detention, including preliminary hearings, motions for bond and, in some cases, writs of habeas corpus, we express no opinion as to the propriety of these remedies in Davis’s case. Here, with regard to the only trial court order before us, Davis sought only to bar his prosecution in the trial court with a plea in bar, not to challenge his detention with a writ of habeas corpus.”

Jackson v. Georgia

Docket: S19A1570

Opinion Date: January 27, 2020

Judge: Warren

Areas of Law: Constitutional Law, Criminal Law

Jonathan Jackson was convicted of malice murder and possession of a firearm during the commission of a felony in connection with the shooting death of DeAngelo Head. On appeal, Jackson argued only that the evidence was insufficient to sustain his convictions. Finding the evidence to support his conviction, the Georgia Supreme Court affirmed Jackson’s convictions.

Mann v. Georgia

Docket: S19A1256

Opinion Date: January 27, 2020

Judge: Robert Benham

Areas of Law: Constitutional Law, Criminal Law

David Mann Jr. was convicted of malice murder and two counts of first degree cruelty to children in connection with the death of seven-year-old Ethan Martinez. Ethan was Mann’s girlfriend’s son. Mann told first responders that two days earlier, Ethan had fallen from a playset and hit his head. A CT scan showed bleeding along the side of Ethan’s brain, as well as brain swelling. Ethan was transported to Children’s Healthcare of Atlanta, where he was admitted with a traumatic brain injury. His other injuries included a circumferential bruise to his penis and scrotum, a bruised back, elevated liver enzymes, and retinal hemorrhaging in both eyes. Doctors eventually confirmed brain death, and Ethan was taken off life support. In his motion for a new trial, Mann argued the evidence was insufficient to support his convictions; that the trial court committed reversible error in multiple instances; and that he was denied the effective assistance of counsel. Because it concluded his claims are meritless, the Georgia Supreme Court affirmed.

McCluskey v. Georgia

Docket: S19A1397

Opinion Date: January 27, 2020

Judge: Boggs

Areas of Law: Constitutional Law, Criminal Law

Clarence McCluskey was convicted of murder and related crimes arising out of the shooting death of his wife, Lisa. He appealed, arguing the evidence was insufficient to support his convictions for cruelty to children in the third degree, and the trial court erred in refusing to give his requested charges on reckless conduct and involuntary manslaughter. The Georgia Supreme Court concluded the evidence was insufficient to allow a rational jury to find beyond a reasonable doubt that McCluskey committed the offense of cruelty to children in the third degree and reversed his conviction as to those charges. However, the Court did determined the evidence sufficient as to all other charges and affirmed.

Morgan v. Georgia

Docket: S19A1261

Opinion Date: January 27, 2020

Judge: Ellington

Areas of Law: Constitutional Law, Criminal Law

Jokeera Morgan was convicted by jury of murdering by drowning her two infant daughters. Morgan drowned her daughters in her Chatham County, Georgia home. She immediately called 911 to report what she had done. The responding officers found the children’s bodies where Morgan had told the dispatcher they would be. Morgan confessed to the homicides in a police interview, telling the officers that “while she was [drowning her daughters], she was thinking that she couldn’t believe that she was doing it.” The medical examiner confirmed that the children had drowned and that their manner of death was consistent with Morgan’s description of how she had killed them. In support of her special plea of insanity, Morgan introduced evidence of her history of mental illness, which included severe bipolar-I disorder, schizoaffective disorder, major depressive disorder, personality disorder, and polysubstance abuse. Morgan’s experts concluded that her symptoms were consistent with those of mothers who had committed “altruistic filicide,” a homicide that results from a belief that a child is better off dead. Morgan appealed the order denying her motion for a new trial, contending that the trial court erred by: (1) excluding expert opinion testimony concerning her ability to discern right from wrong; (2) admitting police body-camera video recordings of her children’s bodies; and (3) giving an incorrect charge on whether the jury could consider punishment during its deliberations on the issue of her guilt. Finding no reversible error, the Georgia Supreme Court affirmed.

Mosley v. Georgia

Docket: S19A1301

Opinion Date: January 27, 2020

Judge: Robert Benham

Areas of Law: Constitutional Law, Criminal Law

Appellant Rashard Mosley appealed his convictions for numerous offenses, including the 2014 murder of Ivory Carter and the attempted murder and attempted armed robbery of Frederick Knight. On appeal, Mosley contended the evidence was insufficient to sustain his convictions, that the trial court erroneously permitted the State to elicit various inadmissible hearsay statements, that the trial court erroneously permitted the State to adduce “intrinsic evidence,” and that trial counsel was ineffective. Finding no reversible error, the Georgia Supreme Court affirmed.

Rammage v. Georgia

Docket: S19A1518

Opinion Date: January 27, 2020

Judge: David E. Nahmias

Areas of Law: Constitutional Law, Criminal Law

Appellant Johnny Rammage was convicted of malice murder and a firearm offense in connection with the shooting death of Chris Johnson. On appeal, he argued the trial court erred: (1) by not allowing him to introduce evidence of Johnson’s prior acts of violence; (2) by declining to give jury instructions on justification and accident; and (3) by admitting evidence of his prior conviction. Appellant also contended his trial counsel provided ineffective assistance by not objecting to the court’s failure to give the jury instructions. After review of the record and the briefs, the Georgia Supreme Court found no reversible error and affirmed.

Redding v. Georgia

Docket: S19A1302

Opinion Date: January 27, 2020

Judge: David E. Nahmias

Areas of Law: Constitutional Law, Criminal Law

Appellant Kerri Redding was convicted of malice murder and other crimes in connection with the shooting death of Christopher Kenyatta. Appellant contended his trial counsel provided ineffective assistance by failing to raise the possible biases of two witnesses and by failing to object to certain testimony from the lead detective. Appellant also claimed the trial court erred by not allowing him to impeach an out-of-court declarant with a certified copy of the declarant’s conviction. Finding no reversible error, the Georgia Supreme Court affirmed.

Rich v. Georgia

Docket: S19A1492

Opinion Date: January 27, 2020

Judge: Boggs

Areas of Law: Constitutional Law, Criminal Law

In 2016, Deonta Rich was convicted of murdering Sylvester Downs and kidnapping Taquoya Rogers. Rich: (1) challenged the sufficiency of the evidence to support his convictions; (2) argued the trial court erred by denying his motion for new trial while sitting as the thirteenth juror; and (3) contended his trial counsel was ineffective for failing to object after the State, during its closing argument, inappropriately commented on his prior juvenile adjudication. Finding no reversible error, the Georgia Supreme Court affirmed.

Smith v. Georgia

Docket: S19A1148

Opinion Date: January 27, 2020

Judge: David E. Nahmias

Areas of Law: Constitutional Law, Criminal Law

Appellant Mary Katherine Smith was convicted of felony murder based on cruelty to children in connection with the death of her two-year-old son Mason “Tucker” Smith. Tucker did not wake following what was described as one of his breath-holding temper tantrums (where he would hold his breath until he passed out). Investigators would later determine Tucker suffered rotational force injuries, blunt force trauma. The child had nine healing rib fractures which may have been inflicted weeks earlier—injuries consistent with being hit, spanked and forceful squeezing. Smith contended on appeal of her conviction that the evidence was insufficient to support her convictions, and that the trial court erred by excusing a juror and by declining to give a jury instruction on her good character. Finding no reversible error, the Georgia Supreme Court affirmed.

Stephens v. Georgia

Dockets: S19A1345, S19A1346

Opinion Date: January 27, 2020

Judge: Harold D. Melton

Areas of Law: Constitutional Law, Criminal Law

Lloyd Stephens and Demetrius Brewer were convicted after a joint jury trial for the murder of Eric Kemp. Both argued the trial court made multiple evidentiary errors. Additionally, Stephens argued he received ineffective assistance of counsel. Finding no reversible errors, the Georgia Supreme Court affirmed both convictions.

Taylor v. Georgia

Docket: S19A1476

Opinion Date: January 27, 2020

Judge: Warren

Areas of Law: Constitutional Law, Criminal Law

Sylvester Taylor was convicted by jury for malice murder and criminal attempt to commit rape, amongst other crimes, stemming from the beating death of Linda Madison. This appeal stemmed from an exchange between Taylor and the judge presiding over his pre-trial proceedings, specifically, at a 2014 preliminary hearing, wherein Taylor proclaimed “I ain’t killed that b*tch; that b*tch killed herself.” The trial court then cautioned, “Wait a minute.” Taylor, however, immediately launched into an uninterrupted (albeit brief), profanity-laced tirade in which he denied killing Madison. The tirade culminated in him saying, “Y’all can kiss my black a**.” The trial court found Taylor guilty of 13 instances of criminal contempt, one for each of the obscene words that he used during the outburst, and sentenced him to a total of 230 days in jail, not to be served until Taylor became eligible for release pursuant to bond or “by final disposition of the charges upon which [Taylor] is currently being held.” Taylor appealed, contending (among other things) that the trial court erred by finding him guilty of multiple instances of contempt. The State agreed with Taylor, and so did the Georgia Supreme Court. Judgment was vacated and the matter remanded for further proceedings.

Wells v. Georgia

Docket: S19A1592

Opinion Date: January 27, 2020

Judge: Peterson

Areas of Law: Constitutional Law, Criminal Law

Tyrecquiss Wells appealed his convictions for felony murder and other crimes in connection with the shooting death of David Scott. Wells argued: (1) the trial court erred in denying his motion to suppress his custodial statements on the ground that he did not knowingly waive his rights; (2) his confrontation right was violated when the trial court admitted an accomplice’s inculpatory statements; and (3) trial counsel was ineffective for failing to file a motion to sever his trial from those of his co-defendants. The Georgia Supreme Court affirmed because: (1) the record showed that Wells knowingly waived his rights when he voluntarily agreed to speak with the police; (2) there was no confrontation violation because the accomplice testified at trial and Wells was able to cross-examine him; and (3) trial counsel’s reason for not filing a motion to sever was not objectively unreasonable.

Williams v. Georgia

Docket: S19A1250

Opinion Date: January 27, 2020

Judge: Bethel

Areas of Law: Constitutional Law, Criminal Law

Following his conviction for the murder of Barry Bullard, acting pro se, Allen Williams appealed the denial of his motion for a new trial. Williams argued numerous errors, including: (1) the evidence was insufficient to sustain his convictions; (2) that he received ineffective assistance from post-trial counsel; (3) the trial court ruled on his motion for a new trial without being prompted to do so; and (4) that several errors arose from an alleged “conflict of interest” involving Williams’ former counsel. Finding no error, the Georgia Supreme Court affirmed.

Williams v. Georgia

Docket: S19G0125

Opinion Date: January 27, 2020

Judge: Keith R. Blackwell

Areas of Law: Constitutional Law, Criminal Law

A grand jury indicted Keith Williams on 48 counts of sexual exploitation of children after police searched and seized his computer and several disc drives wherein they found the offending images. All counts in the indictment alleged that, on the day of the search, Williams “did knowingly possess and control a photographic image depicting a minor engaged in sexually explicit conduct.” Each count separately described a different image possessed by Williams. Before trial, Williams filed a “Motion to Dismiss Counts 2 through 48 of the Indictment” on the ground that these counts were “multiplicitous” because they all arose from a single criminal act. According to Williams, the simultaneous possession of multiple illicit images in a single location constituted only one offense under OCGA 16-12-100 (b) (8). Thus, Williams argued, the indictment subjected him to multiple punishments for the same offense, thereby exposing him to double jeopardy in violation of the U.S. Constitution, the Georgia Constitution, and statutory law. After a hearing, the trial court agreed with Williams, granted his motion to dismiss, and ordered the State to consolidate all 48 counts in the indictment into a single count. The State appealed, and the Court of Appeals reversed. After review, the Georgia Supreme Court concluded that, regardless of the merit of Williams’s multiplicity claim, the trial court was not authorized to dismiss Counts 2 through 48 of his indictment at the pretrial stage of the proceedings.