Monroe v. State

── Monroe v. State ── Court: Supreme Court of Georgia Date: April 21, 2026 Category: General NOTICE: This opinion is subject to modification resulting from motions for reconsideration under Supreme Court Rule 27, the Court’s reconsideration, and editorial revisions by the Reporter of Decisions. The version of the opinion published in the Advance Sheets for the Georgia Reports, designated as the “Final Copy,” will replace any prior version on the Court’s website and docket. A bound volume of the Georgia Reports will contain the final and official text of the opinion. In the Supreme Court of Georgia No. S26A0060 Tonya Monroe v. The State On Appeal from the Superior Court of Fulton County No. 18SC158564 Decided: April 21, 2026 LAND, Justice. Tonya Monroe appeals her 2022 convictions for malice murder and related charges stemming from the death of her in- fant grandson, Kobe Shaw. 1 Monroe argues that the evidence was 1 The crimes are alleged to have taken place on or about March 10, 2016. Monroe was first indicted on March 31, 2017, and was reindicted on April 6, 2018, by a Fulton County grand jury for malice murder (Count 1), fel- ony murder (Counts 2 and 3), cruelty to children in the first degree (Count 4), and distribution of methamphetamine (Count 5). In May 2018, Monroe’s first trial ended in a hung jury. At Monroe’s second trial, from November 3 to 10, 2022, the jury found Monroe guilty of all charges. The trial court sentenced Monroe to life in prison without the possibility of parole for Count 1, 20 years in prison for Count 4 (to be served concurrently with Count 1), and 30 years in prison for Count 5 (to be served concurrently with Count 1). Counts 2 and 3 were vacated by operation of law. Monroe filed a timely motion for new trial on December 5, 2022, and amended that motion through new counsel on October 20, 2023. After a hear- ing on February 14, 2024, the trial court denied the amended motion for new trial on December 30, 2024, and Monroe filed a timely notice of appeal. Mon- roe’s appeal was docketed to the term of this Court beginning in December 2025 and submitted for a decision on the briefs. constitutionally insufficient to support her convictions and that she was denied effective assistance of trial counsel in several re- spects. For the reasons that follow, we affirm. 1. The evidence presented at trial showed as follows. Kobe, who was nine months old at the time of his death on March 11, 2016, lived with his mother Taylor Shaw, his father Hayden Shaw, and his maternal grandmother, Monroe, in an apartment in Fulton County. At six months old, Kobe was diagnosed with a genetic disorder that caused severe underdevelopment of his brain and severely shortened his life expectancy. As a result of this disorder, Kobe was unable to roll, crawl, or reach and grab things, and he partially relied on a “g-tube” for feedings and med- icine. However, Taylor and Hayden testified that at Kobe’s last doctor’s appointment about a week prior to his death, his doctor stated that Kobe was “looking really good and really healthy” and that they discussed removing his feeding tube. On the evening of March 10, 2016, Kobe was “very fussy and … aggravated.” Hayden went to the store and purchased mashed potatoes, lemonade, and teething gel for Kobe. Taylor gave Kobe the teething gel while Monroe prepared the mashed potatoes, and Taylor then fed Kobe the mashed potatoes. Kobe later fell asleep on Taylor’s chest, and Taylor noticed that he was “sweating ... bad.” Between 1:00 and 2:00 am on March 11,