Justia Professional Malpractice & Ethics Opinion Summaries

DeRon Edrias Gude was convicted of felony murder and other charges related to the shooting death of Nyyokokie Hendley. On October 11, 2016, Gude called 911 to report a shooting at his home, claiming it was an accident during a fight. Police found Hendley dead from a gunshot wound to the head, with a 9-millimeter handgun near her feet and marijuana in an unlocked safe. Gude was indicted on multiple charges, including malice murder and felony murder. At trial, Gude testified that Hendley had threatened him and pointed a gun at him, leading him to shoot her in self-defense. The jury found Gude guilty of felony murder predicated on aggravated assault and other charges.The DeKalb County Superior Court granted Gude’s motion for a directed verdict of acquittal on the marijuana charge, and the jury found him not guilty of malice murder but guilty on the remaining counts. Gude was sentenced to life in prison for felony murder predicated on aggravated assault, plus five years for possession of a firearm during the commission of a felony. Gude’s motion for a new trial was denied by the trial court.The Supreme Court of Georgia reviewed the case and addressed Gude’s claims of plain error in the jury charge on aggravated assault and ineffective assistance of counsel. The court assumed, without deciding, that the trial court committed an obvious error in the jury instruction but found that Gude failed to show the error likely affected the trial's outcome. The court noted that the jury was properly instructed on the burden of proof and provided with a copy of the indictment. Additionally, Gude’s defense was self-defense, and the jury’s verdict indicated they found he intended to shoot Hendley. Consequently, the court affirmed the trial court’s judgment, concluding that Gude did not demonstrate plain error or ineffective assistance of counsel. View "GUDE v. THE STATE" on Justia Law

An attorney, Brian Steel, was found in contempt of court for refusing to disclose how he learned about an ex parte hearing involving a witness, the witness's counsel, and prosecutors in a case where Steel represented a defendant. The trial judge, Judge Glanville, repeatedly asked Steel to reveal his source, but Steel claimed the information was protected by attorney-client privilege and attorney work product. Judge Glanville held Steel in contempt and ordered him into custody, although Steel was later allowed to return to the courtroom.The Fulton County Superior Court initially found Steel in contempt and ordered him to be taken into custody. Steel argued that the information was privileged and that due process required Judge Glanville to recuse himself from the contempt proceedings. Despite these arguments, Judge Glanville sentenced Steel to 20 days in jail to be served on weekends and denied him a supersedeas bond.The Supreme Court of Georgia reviewed the case and determined that due process required Judge Glanville to recuse himself from the contempt proceedings. The court held that because the punishment was delayed and the alleged disobedience was directed toward the judge, a different judge should have presided over the contempt hearing. The court reversed the judgment of contempt imposed by the trial court. View "STEEL v. THE STATE" on Justia Law

The plaintiffs, who operate restaurants under franchise agreements, filed a Chapter 11 bankruptcy petition based on advice from their legal counsel. This led to the franchisor terminating the franchise agreements. The plaintiffs then sued their lawyers and law firms for legal malpractice and breach of written contracts for legal services, alleging that the lawyers' advice constituted malpractice. The defendants moved to dismiss both claims, arguing they were barred by a four-year statute of limitation under OCGA § 9-3-25.The trial court dismissed the legal-malpractice claims but denied the motion to dismiss the breach-of-contract claims. Later, it granted summary judgment for a subset of defendants, ruling that the breach-of-contract claims were also barred by the four-year statute of limitation. The Court of Appeals affirmed the dismissal of the legal-malpractice claims and concluded that the breach-of-contract claims were duplicative and should be dismissed as well.The Supreme Court of Georgia reviewed the case to determine which statute of limitation applies to breach-of-contract-for-legal-services claims and whether the Court of Appeals erred in dismissing these claims as duplicative. The Supreme Court concluded that such claims could be governed by either a six-year statute of limitation under OCGA § 9-3-24 or a four-year statute under OCGA § 9-3-25, depending on whether the breach arose directly from a written contract. The Court also held that the Court of Appeals erred in dismissing the breach-of-contract claims as duplicative without applying the proper motion-to-dismiss standard.The Supreme Court vacated the Court of Appeals' judgment and remanded the case for further proceedings consistent with its opinion, emphasizing that plaintiffs can pursue alternative theories of relief based on the same conduct. View "TITSHAW v. GEER" on Justia Law

Andy Espinosa pleaded guilty to the malice murder of Zachary Mejia and other related offenses. Espinosa was living with his girlfriend and her four children, including Zachary. On December 8, 2020, Espinosa and Zachary had a physical altercation, which left Espinosa feeling humiliated. The next day, Espinosa searched online about what it feels like to murder someone. Later that day, he returned home, grabbed a knife, and fatally stabbed Zachary. Espinosa called 9-1-1 and was arrested. He later claimed he was overtaken by a "demon" during the stabbing.Espinosa was indicted by a Chattooga County grand jury and pleaded guilty to all counts without a sentencing recommendation from the State. The trial court sentenced him to life without parole for malice murder, a consecutive five-year term for possession of a knife during the commission of a felony, and a concurrent 12-month term for cruelty to children in the third degree. Espinosa filed a motion to withdraw his guilty plea, arguing ineffective assistance of counsel for not advising him of an insanity defense.The Supreme Court of Georgia reviewed the case. Espinosa claimed his plea counsel was ineffective for not investigating his mental state and advising him of a potential insanity defense. Plea counsel testified that he did not see a viable defense and believed a plea was in Espinosa's best interest. The court found that counsel's performance was not deficient, as his strategic decisions were based on his professional judgment and experience. The court also noted that Espinosa did not provide evidence of past mental health issues or expert testimony supporting an insanity defense.The Supreme Court of Georgia affirmed the trial court's decision, concluding that there was no abuse of discretion in denying Espinosa's motion to withdraw his guilty plea. The court held that Espinosa failed to demonstrate that his counsel's performance was constitutionally deficient. View "Espinosa v. State" on Justia Law

Michael Earl Summerville was convicted of felony murder in connection with the death of Martha West. On December 10, 2017, Summerville and West, who were romantic partners, visited their neighbor Johnny Clark. After an argument, Summerville returned to Clark’s home later that night, reporting that West had fallen in a nearby field. West was found deceased in the field, with evidence suggesting she had been struck by a vehicle. Summerville’s truck showed signs of a collision, and fibers consistent with West’s clothing were found on the truck. An autopsy revealed extensive injuries consistent with being struck by a motor vehicle.A Wilkes County grand jury indicted Summerville for malice murder, felony murder predicated on aggravated assault, and aggravated assault, family violence. He was found not guilty of malice murder but guilty of the remaining charges. The trial court sentenced him to life in prison for felony murder, with the aggravated assault charge merging for sentencing purposes. Summerville’s motion for a new trial was denied, and he appealed to the Supreme Court of Georgia.The Supreme Court of Georgia reviewed Summerville’s claims of ineffective assistance of counsel and trial court error. Summerville argued that his trial counsel was ineffective for not objecting to a comment in the State’s closing argument and that the trial court improperly limited cross-examination of a witness. The court held that the prosecutor’s comment during closing arguments was a permissible inference from the evidence, and thus, any objection would have been meritless. Additionally, the court found no abuse of discretion in limiting the cross-examination of the medical examiner, as Summerville failed to show that the examiner’s prior disciplinary action was probative of potential bias. The court affirmed the trial court’s judgment. View "Summerville v. State" on Justia Law

In March 2020, the appellant was convicted of malice murder and related charges for the shooting death of Mondavius Milan. The incident occurred on April 3, 2018, in Atlanta, involving a check fraud scheme with the appellant, Milan, and Jaleesia Mathis. On the morning of the shooting, the group, including Mathis's partner Japhar White, was in a car when an argument over missing money escalated. Witnesses testified that the appellant pulled out a gun, and after a struggle, Milan was shot. Both Mathis and White fled the scene, later identifying the appellant as the shooter. The appellant was arrested in Massachusetts and extradited to Georgia.The appellant was indicted by a Fulton County grand jury and found guilty on all counts by a jury. The trial court sentenced him to life in prison for malice murder and additional consecutive sentences for firearm charges. The appellant's motion for a new trial was denied by the trial court after an evidentiary hearing. The appellant then filed a timely notice of appeal.The Supreme Court of Georgia reviewed the case, focusing on two main contentions: ineffective assistance of counsel and insufficient evidence. The court held that the appellant's trial counsel was not ineffective for advising him not to testify, as the counsel's advice was based on reasonable strategic considerations. The court also found that the evidence, including corroborating testimony from accomplices and other witnesses, was sufficient to support the conviction. The court affirmed the trial court's judgment, concluding that the appellant's claims lacked merit. View "NABORS v. THE STATE" on Justia Law

In October 2015, a jury found Dolonte Tedder guilty of malice murder and related crimes connected to the shooting death of Quleon Glass. The incident occurred on September 8, 2014, and Tedder, along with co-indictees Jacquavious Eggleston and Teandria Tabb, was indicted for various offenses. Tedder was tried alone and found guilty on all counts. He was sentenced to life in prison for malice murder, with additional concurrent and consecutive terms for other charges. Tedder filed a motion for a new trial, which was partially granted due to ineffective assistance of counsel. The case was remanded, and after further proceedings, the trial court denied the motion for a new trial.The Supreme Court of Georgia reviewed the case following the trial court's denial of Tedder's motion for a new trial. Tedder argued that the evidence was insufficient to sustain his convictions, that the trial court committed reversible errors, and that his trial counsel was constitutionally ineffective. The court found that the evidence presented at trial was sufficient to support Tedder's convictions for malice murder, aggravated assault, and possession of a firearm during the commission of a felony. The court also concluded that the evidence was sufficient to establish that Yung Fame was a criminal street gang and that Tedder was associated with it.The Supreme Court of Georgia affirmed the trial court's decision, holding that the trial court did not err in denying Tedder's motion for a directed verdict and that the evidence was sufficient to support his convictions. The court also found no error in the trial court's response to a jury question during deliberations and upheld the exclusion of juror affidavits under Rule 606(b). Finally, the court rejected Tedder's claims of ineffective assistance of counsel, concluding that his trial counsel's performance was not deficient and that Tedder failed to demonstrate prejudice. View "TEDDER v. THE STATE" on Justia Law

In September 2019, the appellant was involved in a shooting that resulted in the death of Cameron Johnson. The appellant was romantically involved with Andrea Stanek, who had an on-again, off-again relationship with Johnson. On the night of the incident, after a walk to resolve tensions, the appellant shot Johnson in the chest. The appellant was charged with malice murder, two counts of felony murder, aggravated assault, and firearm-related offenses. He pleaded guilty to malice murder in October 2021 and was sentenced to life in prison with the possibility of parole after 30 years. The remaining charges were dismissed.The Glynn County Superior Court accepted the guilty plea and sentenced the appellant accordingly. The appellant filed a motion to withdraw his guilty plea, claiming ineffective assistance of counsel, specifically that his counsel failed to inform him about the 30-year parole eligibility requirement. The trial court denied this motion in July 2022, finding no deficiency in counsel’s performance. The appellant's subsequent motion to vacate the order was granted for procedural reasons, allowing him to file a timely appeal.The Supreme Court of Georgia reviewed the case and affirmed the trial court's decision. The court found that the appellant's counsel had adequately informed him about the parole consequences of his plea. The court noted that the trial court was entitled to credit the testimony of the appellant’s counsel over the appellant’s claims. The Supreme Court held that there was no abuse of discretion in the trial court’s denial of the motion to withdraw the guilty plea, as the appellant failed to demonstrate that his counsel’s performance was deficient. View "GOODWIN v. THE STATE" on Justia Law

Jacob Pyne was convicted of malice murder and other crimes related to the shooting death of Gerard Foster on July 6, 2016. Pyne, along with two women who worked as prostitutes for him, was in a car near an apartment complex. After an argument, Pyne and one of the women, Christoyna Section, walked to the complex. Section testified that Pyne began acting aggressively and, after an altercation with Foster, she ran away and heard gunshots. Foster was found dead with multiple gunshot wounds, and surveillance footage linked Pyne to the scene. Pyne was arrested in Tennessee three days later.A DeKalb County grand jury indicted Pyne on multiple counts, including malice murder and felony murder. After a jury trial, Pyne was found guilty on all counts and sentenced to life in prison without parole for malice murder, with additional concurrent and consecutive sentences for firearm possession. Pyne's motion for a new trial was denied by the trial court, leading to his appeal to the Supreme Court of Georgia.The Supreme Court of Georgia reviewed Pyne's claims of ineffective assistance of counsel and prosecutorial misconduct. Pyne argued that his trial counsel failed to object to the State's allegedly inconsistent theories and that the prosecutor's comments during closing arguments improperly shifted the burden of proof and commented on his right to remain silent. The court found no merit in these claims, concluding that the State did not present inherently contradictory theories and that the prosecutor's comments were within the bounds of proper argument. The court affirmed Pyne's convictions, holding that his trial counsel's performance was not deficient and that the trial court did not err in its rulings. View "PYNE v. THE STATE" on Justia Law

Rendell Russell was convicted in 2022 for malice murder and related crimes after killing Gregory James with a machete. The incident occurred on October 27, 2020, following Russell's breakup with his girlfriend, Kenisha Shepherd. On the night of the crime, Russell entered Shepherd's apartment uninvited, where James, Shepherd's new boyfriend, was staying. Despite being asked to leave, Russell returned with a machete, confronted James, and ultimately attacked him, resulting in James's death from multiple sharp and blunt force injuries.A Cobb County grand jury indicted Russell on several charges, including malice murder, felony murder, and aggravated assault. The trial court bifurcated the firearm possession count. In March 2022, a jury found Russell guilty on all counts. The trial court sentenced him to life without parole for malice murder and additional concurrent and consecutive terms for other charges. Russell's motion for a new trial was denied by the trial court in December 2023, leading to this appeal.The Supreme Court of Georgia reviewed the case and affirmed the lower court's decision. The court held that the evidence was sufficient to support the jury's verdict, rejecting Russell's claim of self-defense. The court found that Russell was the aggressor and that the State had disproved his justification defense beyond a reasonable doubt. Additionally, the court rejected Russell's claim of ineffective assistance of counsel, concluding that his trial counsel's decision not to file a pretrial motion for immunity was a reasonable strategic choice. The court determined that there was little chance such a motion would have been successful given the evidence against Russell. View "Russell v. State" on Justia Law