Court Filings

The Georgia Court of Appeals affirmed Flint Duerfeldt’s convictions for child molestation, aggravated sexual battery, and aggravated child molestation and upheld the trial court’s denial of his motion for new trial. Duerfeldt argued the admission of a forensic interviewer’s testimony that the victim’s disclosure was consistent with other sexually abused children violated the amended expert-evidence rule and that trial counsel was ineffective for not objecting. The court found the testimony was properly admissible under OCGA § 24-7-702, did not impermissibly vouch for credibility, and counsel’s failure to object was not deficient because an objection would have been futile.

The Georgia Court of Appeals affirmed the trial court’s denial of Edward Ball’s pretrial motion to suppress evidence seized from his home after a jury convicted him of multiple drug and firearm offenses. The court held the search warrant was supported by probable cause based on controlled buys, surveillance tying Ball and a vehicle registered to him to drug transactions, and the officer’s training and experience; it also found no reversible error in alleged reliance on evidence outside the affidavit. Challenges that the warrant was overbroad or lacked particularity failed because Ball did not show any harm or preserve a detailed argument below.

The Court of Appeals affirmed the trial court’s denial of William Bernard White’s plea in bar asserting immunity under Georgia’s 9-1-1 Medical Amnesty Law (OCGA § 16-13-5). White was arrested on an outstanding probation-violation warrant after a 911 call reported an apparently unconscious driver; paramedics found no medical emergency, and a search incident to arrest uncovered fentanyl. The court held the statute protects defendants only when the incriminating evidence “resulted solely from seeking such medical assistance,” and here the evidence flowed from the arrest on the outstanding warrant, not from the 911 call.

The Georgia Supreme Court affirmed Morris Charles Spann’s convictions for malice murder, felony murder (merged), aggravated assaults, and related firearm-possession counts arising from the July 30, 2011 shootings that killed his mother and wounded Willie Ricks. The Court reviewed a sufficiency-of-the-evidence challenge and held that, viewing the evidence in the light most favorable to the prosecution, a rational jury could find Spann guilty beyond a reasonable doubt. The ruling relied on eyewitness testimony, physical evidence linking Spann to the gun, his flight from the scene, and inconsistencies in his account to reject alternative theories of innocence.

The Georgia Supreme Court affirmed the trial court’s denial of I’Kenyo Shine’s 2025 motion for leave to file an out-of-time appeal from a 2006 guilty plea to felony murder. Shine argued his plea counsel was ineffective for failing to advise him of appellate rights, relying on later precedent and a 2025 statute authorizing out-of-time appeals. The Court held Shine’s claim was barred by earlier habeas litigation and res judicata, and that counsel could not be ineffective for failing to advise of a right that did not exist under controlling law in 2006. The Court also found Shine waived a recusal claim by not raising it below.

The Georgia Supreme Court affirmed Sheldon Ragland’s convictions for malice murder, armed robbery, aggravated assault, and related firearm offenses for the 2017 shooting death of Kenneth Adair. Ragland challenged several trial rulings (exclusion/limitation of questioning about a witness’s 9mm gun, admission of recorded jail calls and a detective’s identification/opinion about the callers), argued trial counsel was ineffective, and claimed cumulative prejudice. The Court found no reversible error: the evidence about the 9mm was before the jury or cumulative, counsel strategically declined objections to use the tape, any opinion testimony was harmless given strong independent evidence, and the ineffectiveness and cumulative-prejudice claims failed.

The Georgia Supreme Court affirmed Gregory Painter’s convictions for malice murder and related offenses. Painter argued the trial court erred by refusing to give jury instructions on two forms of the insanity defense (lack of ability to distinguish right from wrong and delusional compulsion). The Court held there was no slight evidence to support either instruction: evidence of mental illness or odd behavior alone is insufficient, Painter refused a court-ordered evaluation and presented no expert proof or contemporaneous evidence of a delusion that would justify the killing, and his post-shooting statements and concealment undermined a claim he could not distinguish right from wrong.

The Georgia Supreme Court affirmed the trial court’s denial of Trevor Lamont Nuckles’s post-judgment motion. Nuckles, who pleaded guilty in 2012 to felony murder and related offenses and was sentenced to life plus five years, sought to quash the indictment, withdraw his guilty plea as involuntary, obtain leave for an out-of-time appeal, and secure counsel. The Court held the trial court correctly denied relief because Nuckles’s plea-withdrawal request was untimely after the term of court expired, his attempt to vacate convictions via a motion was not an appropriate criminal remedy, and he failed to show entitlement to an out-of-time appeal under OCGA § 5-6-39.1.

The Georgia Supreme Court affirmed Tonya Monroe’s 2022 convictions for malice murder, first-degree cruelty to children, and distribution of methamphetamine for the 2016 death of her nine-month-old grandson, Kobe Shaw. The Court held that the evidence — expert testimony showing meth in Kobe’s blood consistent with direct administration, medical findings, and witness statements that Monroe admitted placing meth in Kobe’s mouth — was sufficient for a rational jury to convict. The Court also rejected Monroe’s ineffective-assistance claims, finding trial counsel’s strategic choices (cross-examination, rebuttal expert, and tactical decisions about limiting instructions and impeachment) reasonable.

The Supreme Court of Georgia affirmed Travis McFarland’s convictions, including felony murder and related counts, and his Street Gang Act convictions. The court reviewed the sufficiency of the evidence, a denied jury instruction on justification (self-defense), and ineffective-assistance claims. It concluded the evidence (social media, phone data, a fingerprint on a gun, eyewitness testimony, and a gang expert) supported a finding that McFarland committed the predicate offenses with intent to further gang interests and his status. The court also found no basis for a justification instruction and no showing of deficient or prejudicial trial performance by counsel.

The Georgia Supreme Court affirmed Deqaveon Malcolm’s convictions for two counts of felony murder, two counts of aggravated assault with a deadly weapon, and criminal damage to property arising from a 2016 drive-by shooting that killed James Simmons and injured Trevis Bufford. Malcolm challenged the sufficiency of the evidence, his trial counsel’s failure to move to suppress gunshot-residue evidence from his mother’s car, and the trial court’s refusal to remove a juror who had been a victim in a Fulton County case. The Court held the evidence supported guilt as a party to the crimes, counsel’s decision to forego suppression was a reasonable strategy, and the trial court did not abuse its discretion on the juror issue.

The Georgia Supreme Court affirmed Matthew Larkins’s convictions for malice murder and related offenses arising from the August 4, 2016 shooting death of Shanna Smith. Larkins challenged sufficiency of the evidence, jury instructions about a testifying co-defendant’s out-of-court statements, ineffective assistance for failing to object to a judge’s remark to jurors, admission of alleged co-conspirator hearsay, and the prosecutor’s initial closing argument. The Court found the evidence strong and any instructional or evidentiary errors harmless, trial counsel’s choices reasonable, and Georgia law permits the prosecutor’s opening; therefore the convictions and sentence were affirmed.

The Georgia Supreme Court affirmed David William Kelly’s convictions for the 2017 shooting death of his wife. Kelly challenged the sufficiency of the evidence, voir dire limits, hearsay rulings (including use of the residual hearsay exception), admission of certain testimony, and multiple claims of ineffective assistance of counsel. The Court reviewed the trial evidence in detail, found the forensic and witness evidence supported the jury’s verdict, held the trial court did not abuse its discretion in admitting challenged testimony under OCGA § 24-8-807, and concluded Kelly failed to show deficient performance or prejudice from his attorneys’ actions. The convictions and sentence were affirmed.

The Georgia Supreme Court affirmed Deon Altron Ellison’s convictions for felony murder and a firearm offense arising from the 2023 fatal shooting of his cousin. Ellison challenged the convictions on four grounds: inconsistent verdicts, prosecutorial misconduct involving a key witness, improper limitations on jury selection, and denial of a mistrial after closing argument. The Court held that any perceived inconsistency in the verdicts did not require reversal, the record did not show that the prosecution knowingly elicited false testimony or suppressed material evidence, the voir dire objection was not preserved, and the mistrial/closing-argument claim was also unpreserved. The convictions and sentence were therefore affirmed.

The Supreme Court of Georgia affirmed Bobby Crawford’s conviction for malice murder arising from the beating death of his roommate, Timothy Walker. After a jury trial and the denial of his amended motion for new trial, Crawford appealed, arguing the evidence was constitutionally insufficient because the State failed to disprove self-defense and raising three trial-court-error claims. The Court held the evidence — including eyewitness testimony, physical and autopsy findings, and Crawford’s own testimony — allowed a rational jury to reject his self-defense claim. Any error admitting a 2001 other-acts conviction was harmless given the overwhelming evidence of guilt.

The Georgia Supreme Court affirmed John Bailey’s convictions, including life without parole for felony murder predicated on kidnapping. Bailey argued his trial counsel was ineffective for not moving to suppress cell-phone records obtained via a Google search warrant that he said lacked probable cause and particularity. The Court assumed, without deciding, that counsel might have been deficient but found no prejudice because the record does not show that any evidence from the challenged Google warrant was used at trial. Cell-site and carrier records used at trial came from Sprint/T-Mobile and other carrier records, undermining Bailey’s claim of a different outcome.

The Court of Appeals affirmed the trial court’s order granting defendant Tonya Newberry a new trial after a jury convicted her of furnishing contraband and crossing a guard line. The State argued the grant was premature because no judgment had been entered, that the trial court misapplied the thirteenth-juror standard, and that the judge should have been recused. The court held the premature order was not void, found no abuse of discretion in granting a new trial on weight-of-the-evidence grounds given conflicting witness credibility and lack of video, and declined to review the recusal denial because it was entered after the State’s appeal.

The Court of Appeals of Georgia affirmed Marcelino Rebollar’s convictions and sentences. After a jury convicted Rebollar of two counts of aggravated child molestation and one count of child molestation, he appealed, challenging the sufficiency of evidence for one aggravated-child-molestation count, trial counsel’s effectiveness for not requesting a lesser-attempt charge, and the constitutionality of consecutive life sentences. The court found the evidence sufficient, concluded counsel’s choices were reasonable trial strategy and not shown to be deficient, and held the sentencing claim was unpreserved because it was not raised at sentencing. The convictions and sentences were affirmed.

The Georgia Court of Appeals affirmed William Freeman’s convictions on four counts of child molestation. Freeman had initially been appointed counsel but requested to represent himself; the trial court held a thorough Faretta hearing, found his waiver of counsel knowing and voluntary, and later an amended indictment added two additional like charges. Freeman argued on appeal the court should have re-inquired after the amended indictment and failed to ensure he understood the risks of self-representation. The appellate court found the original Faretta hearing adequate, no post-waiver request for counsel was made, and the amended charges did not change the nature or maximum exposure, so the waiver remained valid.

The Georgia Court of Appeals affirmed the convictions of co-defendants Hakeem Neal and Lokari Boyd for home invasion and armed robbery following a joint jury trial. Neal argued the evidence was insufficient and his motion for directed verdict and new trial should have been granted; Boyd argued ineffective assistance of counsel and Confrontation Clause error. The court held the evidence was sufficient (including corroboration of an accomplice) and that Boyd’s challenges failed because the contested testimony was intrinsic or invited by defense, and counsel’s choices were strategic. Both appeals were affirmed.