Court Filings

The Georgia Court of Appeals affirmed the trial court’s grant of summary judgment to Real Dream Investors, LLC in a dispute over redemption of a tax deed purchased by Monarch Holdings Group, LLC. Monarch bought the property at a tax sale and published a barment notice giving April 16, 2022 as the redemption deadline; the Court held that state time-computation rules extended that deadline to Monday, April 18, 2022. Real Dream timely tendered a cashier’s check and deed on April 18 by attempted personal delivery and overnight mailing after Monarch could not accept delivery, and Monarch’s rejection waived any further tender, extinguishing its tax deed.

The Georgia Court of Appeals granted the Georgia Department of Early Care & Learning's application for discretionary appeal in the case against iCare Child Development Center, Inc. The order allows the appellant to file a Notice of Appeal within 10 days of the April 21, 2026 order and directs the superior court clerk to include a copy of the appellate order in the record transmitted to the Court of Appeals. This is a procedural grant of permission to pursue appellate review, not a decision on the merits of the underlying dispute.

The Court of Appeals reversed the trial court’s denial of Stanley Randolph’s motion to suppress evidence obtained after police detained and searched him. Officers found Randolph sitting in a parked sedan in a high-crime cul-de-sac at night, blocked the car, and required the occupants to exit; officers later saw a backpack with suspected marijuana and then searched. The appellate court held the encounter was a detention requiring particularized, objective suspicion, which the record did not supply prior to the restraint, so the stop and subsequent evidence collection were unlawful and suppression was required.

The Georgia Court of Appeals considered an Application for Discretionary Appeal filed by Staff Care 247, LLC (A26D0450) in a case identified by superior court number SPCV2400123. On April 21, 2026, the Court issued an order denying the application. The document is a short administrative order certifying that the discretionary appeal will not be heard by the Court of Appeals; it contains no further explanation or legal reasoning.

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 most of Calvin Sneed’s convictions for the 2017 fatal shooting of Gregory Jones but found merger and sentencing errors. The court rejected Sneed’s claims that trial counsel was ineffective for failing to object to two prosecutor remarks during closing argument, concluding those remarks were permissible inferences from the evidence and that objections would have been meritless. However, the court held that two firearm convictions (Counts 7 and 8) should have merged with Count 9, vacated those convictions and sentences, and remanded for correction of the sentence summary to reflect the proper 15-year term for Count 9.

The Georgia Supreme Court reviewed Alex Khalil Smith’s appeal of his 2022 convictions for malice murder and related offenses arising from the July 8, 2020 shooting death of Cassandra Arnold. The Court held that the evidence was legally sufficient to support the convictions—pointing to motive from a shorted drug deal, cell-phone location data placing Smith at the scene near the time of the shooting, incriminating phone calls, and gunshot-residue on clothing and a mask. However, the Court vacated and remanded the trial court’s denial of Smith’s motion for new trial because the trial court failed to exercise and state its discretion under Georgia’s general grounds for a new trial.

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 Georgia Supreme Court vacated the trial court’s dismissal of Jonathan Miller’s motion to correct a void sentence and remanded for further proceedings. Miller, who was sentenced to life with parole after convictions including felony murder for a 1998 killing committed when he was 15, argued his life sentence is grossly disproportionate in violation of the Eighth Amendment. The Court held that an Eighth Amendment disproportionality claim is a cognizable void-sentence claim that may be raised at any time, found the trial court erred by dismissing for lack of jurisdiction, and remanded because the record did not clearly show the trial court decided the constitutional claim on the merits.

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 accepted attorney Leonard Richard Medley, III’s petition for voluntary surrender of his law license after he pled guilty in federal court to one count of conspiracy to commit wire fraud (a felony). Medley admitted his conviction violated the Georgia Rules of Professional Conduct and asked the Court to accept surrender of his license, which is equivalent to disbarment. The Court reviewed the Special Master’s recommendation, noted no exceptions were filed, relied on precedent treating felony financial-crime convictions as warranting disbarment, and removed Medley from the roll of attorneys licensed in Georgia.

The Georgia Supreme Court reviewed a disciplinary proceeding charging attorney Darryl J. Ferguson with violating parts of Rule 1.15(I) for failing to protect a chiropractor’s asserted interest in two clients’ settlement proceeds. The Review Board had recommended a 60-day suspension conditioned on restitution, but the Court concluded the Bar did not prove by clear and convincing evidence that Ferguson violated Rule 1.15(I)(b), (c), or (d). The Court held that Ferguson reasonably could conclude the chiropractor’s form was an unperfected lien or attempt at a statutory lien that he could disregard under Rule 1.15(I)(b), and therefore no discipline was imposed and the matter was dismissed.

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 Ohio Sixth District Court of Appeals affirmed the trial court's April 14, 2025 sentencing of Paul Tunison to a total of 36 months' imprisonment and restitution after he pled guilty to multiple theft offenses, including thefts involving victims in a protected class. Tunison argued on appeal that the sentencing hearing recording was incomplete, violating Crim.R. 22 and preventing meaningful review, and asked for resentencing. The appellate court held the trial court had a duty to record but Tunison failed to use App.R. 9 to reconstruct the missing portions or show material prejudice, so any error was waived and the judgment was affirmed.

The Sixth District Court of Appeals affirmed Andrew Symington’s 11-month prison sentence for a fifth-degree felony theft after a guilty plea. The trial court considered but rejected community control, citing factors including economic harm, that the offense was for hire, and Symington’s prior felony conviction and prior prison term. The appellate court found those findings supported by the record and concluded that even if the court erred in labeling the conduct organized crime or “for hire,” other valid statutory findings (notably Symington’s prior felony and prison term) independently authorized a prison sentence, making any error harmless.

The Sixth District Court of Appeals affirmed the Wood County Common Pleas Court’s June 27, 2024 judgments denying John E. Gebrosky’s consolidated petitions for post-conviction relief in two criminal cases. Gebrosky argued his trial lawyers were ineffective and that the trial court erred by applying res judicata, denying counsel appointment, and refusing an evidentiary hearing. The court held some claims were barred by res judicata because they could have been raised on direct appeal, but acknowledged other ineffective-assistance claims relied on evidence outside the trial record. After reviewing the affidavits, reports, and trial record, the court concluded the remaining claims did not raise substantive grounds for relief and that no hearing or appointed counsel was required.

The Tenth District Court of Appeals affirmed the Franklin County trial court’s March 27, 2025 judgment that granted intervenor Kelly Moore’s motion for relief from judgment, ordered genetic testing of the older child (L.M.), and denied plaintiff-appellant Joyce Wilson’s motion for reconsideration. Joyce had sought custody of her two grandchildren and argued the court lacked jurisdiction because a 2010 paternity affidavit for the older child established paternity. The appeals court held that Ohio law (R.C. 3119.962) allows challenge to an acknowledgment of paternity via genetic testing and that the trial court did not abuse its discretion in permitting Moore to intervene despite procedural shortcomings.

The Court of Appeals affirmed the Franklin County domestic relations court’s adoption of a magistrate’s decisions that established paternity, named Jessica L. Jackson sole residential parent and legal custodian of the minor child J.J., granted parenting time to Rajael H. Tyler, and ordered Tyler to pay about $140 per month in child support. Jackson appealed, alleging evidentiary error and perjury at a child-support hearing, but she did not file objections to the magistrate’s decision. The appellate court declined to consider the hearing transcript not before the trial court and found any unobjected-to errors waived absent a showing of plain error, which Jackson did not raise.

The court reversed a juvenile delinquency judgment and remanded for further proceedings. The juvenile, D.W.R., had been adjudicated for gross sexual imposition and sexual imposition based principally on testimony from a developmentally disabled adult, N.O. The state moved to dismiss the appeal as moot after community supervision ended; the court denied that motion because the adjudication still carries a firearms disability. The court concluded N.O. was incompetent to testify because he lacked a basic understanding of truth, so admitting his testimony was prejudicial. Because the evidence (including the admitted testimony) was nonetheless sufficient, the court reversed and remanded for further proceedings consistent with law.

The Ohio Fifth District Court of Appeals affirmed the trial court's denial of Jody Jones's petitions for postconviction relief in six consolidated Richland County felony cases. Jones had pleaded guilty in multiple indictments and later claimed ineffective assistance of counsel, failure to share discovery, unlawful stops/searches, and unreliable drug testing. The appellate court held most claims were forfeited or barred by res judicata because they could have been raised earlier or were contradicted by the record (including the guilty pleas and provided discovery). The court found no abuse of discretion in denying an evidentiary hearing.

The Fifth District Court of Appeals affirmed the Richland County Common Pleas Court's convictions and sentence of Charles R. Feagin. Police initiated a traffic stop after officers observed a lane violation while conducting surveillance; subsequent events led to a 12-count indictment for drug and related offenses. The trial court denied Feagin’s motion to suppress, he pleaded no contest to all counts, and received an aggregate sentence of 37 to 42.5 years. The appeals court held the trial court reasonably credited officer testimony, found the suppression and sentencing rulings supported by the record, and rejected ineffective-assistance claims for lack of record support.