Recent changes
Georgia Supreme Court Rules on Motor Vehicle Franchise Act
The Georgia Supreme Court ruled on provisions of the Georgia Motor Vehicle Franchise Practices Act, specifically OCGA § 10-1-664.1, which generally prohibits manufacturers from selling new vehicles directly to consumers and from owning more than a 45% interest in a dealership. The court considered the constitutionality of these provisions as applied to Lucid Group USA, Inc., which sought to sell electric vehicles directly to consumers in Georgia.
Rivers v. The State - Appeal of Malice Murder Conviction
The Supreme Court of Georgia affirmed Karre Rivers's conviction for malice murder and related crimes. Rivers appealed, asserting the trial court erred in charging the jury on excessive force. The court found no plain error and upheld the conviction and life sentence without parole.
Samuels v. State - Murder Conviction Appeal
The Supreme Court of Georgia affirmed the murder conviction of Dyanta Derall Samuels. Samuels appealed his 2022 convictions for malice murder and other crimes related to two separate incidents in 2020, arguing insufficient evidence and trial court errors. The court found the evidence sufficient and denied the appeal.
Georgia Supreme Court: Fournier v. State - Malice Murder Conviction
The Georgia Supreme Court affirmed a malice murder conviction for Joey Travis Fournier. The court found no reversible error in the trial court's admission of autopsy photographs or in the ineffective assistance of counsel claim related to objections to those photographs. The conviction stems from the strangulation death of Cynthia Lynn Berry.
Supreme Court Georgia: Wilmington Trust v Ameritas
The Supreme Court of Georgia addressed whether a life insurance policy was void under Georgia law as an illegal wagering contract on human life. The court clarified the circumstances under which a third party can be considered to have "procured or caused to be procured" a life insurance policy, even if the insured played a role.
Dempsey v. State - Appeal of Felony Murder Convictions
The Supreme Court of Georgia affirmed the felony murder convictions of Le’Quan Dempsey for the shooting deaths of John Pendrak and Aiden Reynolds. Dempsey appealed, arguing insufficient evidence and improper admission of evidence regarding his probation status. The court rejected these arguments.
Georgia Supreme Court Reverses Murder Convictions in Owens v. State
The Georgia Supreme Court reversed Maria Owens's murder convictions, finding the trial court gave an erroneous jury charge. While Owens may be retried for felony murder, her child cruelty conviction remains unchanged, though its sentence was vacated. The court's decision addresses complex issues of mutually exclusive verdicts and the law of the case doctrine.
Carter v. The State - Murder Conviction Appeal
The Supreme Court of Georgia issued an opinion on Donald Carter's appeal of his murder conviction. The court found minor sentencing errors but affirmed the conviction. The opinion addresses procedural aspects of the trial and sentencing.
Owens v. State - Supreme Court Reverses Murder Convictions
The Supreme Court of Georgia reversed Maria Owens's murder convictions, finding that the trial court erroneously instructed the jury on mutually exclusive mental states for crimes arising from a single act. The court applied its own previously overruled precedent, leading to the reversal of the felony murder conviction but allowing for retrial.
Murphy v. State - Appeal of Murder Conviction
The Supreme Court of Georgia affirmed Dacha vous Murphy's convictions for felony murder and other crimes stemming from a 2011 nightclub shooting. Murphy appealed, arguing various trial court errors, including the exclusion of evidence and ineffective assistance of counsel. The court found no reversible error and upheld the convictions.
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