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  • Thomas v. The State

    Publication Date: 2018-06-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Tyler R. Conklin (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Samuel H. Altman, John Alexander Fitzner III (Middle Judicial Circuit District Attorney's Office), Swainsboro; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta, for appellee.
    Case Number: S18A0003

    Defendant failed to prove his ineffective assistance of counsel claim as he failed to show a reasonable probability that the outcome of his trial would have been different absent trial counsel's alleged deficiency.

  • Manning v. The State

    Publication Date: 2018-06-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: David D. Marshall (Law Office of David D. Marshall), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Anna Green Cross, Lenny I. Krick, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S18A0369

    The jury was authorized to reject defendant's self-defense and justification defense and to find him guilty of felony murder and other offenses beyond a reasonable doubt.

  • Puckett v. The State

    Publication Date: 2018-06-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Penny Alane Penn, Sandra Ann Partridge (Forsyth County District Attorney's Office), Cumming; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Sharon Lee Hopkins (Flint Circuit District Attorney's Office), McDonough, for appellee.
    Case Number: S18A0203

    The evidence supported defendant's convictions for malice murder, felony murder and family violence aggravated assault in connection with the shooting death of his father in front of his young son.

  • The State v. Davis

    Publication Date: 2018-06-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Margaret Ellen Heap, Christine Sieger Barker (Office of the District Attorney Eastern Judicial), Savannah, for appellant.
    for defendant: Amy Lee Ihrig, Robert Lawrence Persse (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellee. Scott L. Ballard, Benjamin David Coker (Griffin Judicial Circuit District Attorney's Office), Fayetteville; Robert Wright Smith Jr. (Prosecuting Attorneys' Council of Georgia), Morrow, for amicus appellant. James C. Bonner Jr., Brandon Alexander Bullard (Georgia Public Defender Council), Atlanta; Elizabeth Ann Brandenburg (Law Firm of Shein & Brandenburg), Decatur; Robert G. Rubin (Peters, Rubin & Sheffield, PA), Atlanta, for amicus appellee.
    Case Number: S17G1333

    The trial court erred in denying defendant's motion for a general demurrer after State charged him with failing to register as a sex offender in violation of O.C.G.A. § 42-1-12, because the Georgia Board of Pardons and Paroles' pardon of defendant's aggravated sodomy conviction obviated his duty to register.

  • Workman et al v. RL BB ACQ I-GA CVL, LLC et al.

    Publication Date: 2018-06-08
    Practice Area: Civil Procedure | Discovery
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Gus H. Small, Brent William Herrin, Benjamin S. Klehr (Small Herrin, LLP), Atlanta, for appellant.
    for defendant: William J. Shaughnessy, Stephen P. Drobny (Jones Walker, LLP), Atlanta; Michael Anthony Shaw (Jones Walker, LLP), Mobile, for appellee.
    Case Number: S17G1485

    Attorney fees and costs are available under O.C.G.A. § 9-15-14 for conduct that occurs during the course of post-judgment discovery.

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    Authors: Stephen Fishman

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  • Jordan v. The State

    Publication Date: 2018-06-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Deborah Lorraine Leslie (The Leslie Group, LLC), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Scott Orion Teague, Christopher M. Carr (Department of Law), Atlanta; Elizabeth A. Baker, Tracy Graham Lawson, Elizabeth Rosenwasser (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S18A0114

    Although the evidence supported defendant's convictions for felony murder and related offenses, the Court vacated his sentence and remanded for resentencing because the sentence imposed for his possession of a firearm by a convicted felon conviction was outside the sentencing range.

  • Gordon v. Caldwell

    Publication Date: 2018-06-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Andre Gordon, Abbeville, for appellant.
    for defendant: Elizabeth Haase Brock, Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for appellee.
    Case Number: S18A0132

    The habeas court erred in ruling that certain claims alleged in appellant's petition for habeas corpus were foreclosed from habeas review.

  • Johnson v. The State

    Publication Date: 2018-06-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Jonathan Perry Waters (Attorney at Law), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Elizabeth Knight Bobbitt, Karl David Cooke Jr., Dorothy Vinson Hull (Macon Judicial Circuit District Attorney's Office), Macon, for appellee.
    Case Number: S18A0017

    The record supported the trial court's finding that defendant's guilty plea to felony murder was knowing, intelligent and voluntary.

  • Brock v. Hardman

    Publication Date: 2018-06-07
    Practice Area: Civil Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: James L Brock III, Glennville, for appellant.
    for defendant: Ann Hardman (Clerk's Office, Muscogee County Superior Court), Columbus, for appellee.
    Case Number: S18A0393

    The Supreme Court dismissed prisoner's appeal from the denial of his mandamus petition seeking records related to his two murder convictions for failure to file a discretionary application as O.C.G.A. § 42-12-8 requires for civil cases filed by prisoners.

  • Palmer v. The State

    Publication Date: 2018-06-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Rachel M. Kaufman (Kaufman Law Firm LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; Anna Green Cross, Sherry Boston (DeKalb County District Attorney's Office), Decatur; Arthur C. Walton, Paul L. Howard Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0426

    The trial court did not err in denying defendant's motion to sever his trial from that of his co-defendant after the two shot an art student taking photographs of graffiti and robbed his friends.