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  • 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.

  • McGruder v. The State

    Publication Date: 2018-06-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Johnny Emmett Clyde Vines (McMillian, Rawlings & Howard, LLP), Sandersville, for appellant.
    for defendant: Samuel H. Altman, Kelly Anne Jenkins, Kelly Anne Jenkins (Middle Judicial Circuit District Attorney's Office), Swainsboro; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta, for appellee.
    Case Number: S18A0062

    The evidence supported defendant's convictions for malice murder and other crimes in connection with a drive-by shooting targeting rival gang members.

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    Health Care Fraud: Enforcement and Compliance

    Authors: James F. Barger, Jr., J. Elliott Walthall, Elise May Frohsin, Benjamin P. Bucy

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  • Taylor v. The State

    Publication Date: 2018-06-01
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: David Joseph Walker (Georgia Public Defenders Standards Council, Appellate Division), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Robert Brandon Faircloth, Louie Craig Fraser, Peter Frederick Larsen Jr. (Dublin Judicial Circuit District Attorney's Office), Dublin, for appellee.
    Case Number: S18A0038

    The evidence supported defendant's convictions for murdering a man in his hotel room and assaulting a hotel employee and defendant failed to prove his ineffective assistance of counsel claim.

  • Winston v. The State

    Publication Date: 2018-06-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Jennifer Faith Arndt (Newton County Public Defender's Office), Covington, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Layla Hinton Zon, Melanie McCrorey Bell, Jillilan Rachael Hall (Alcovy Judicial Circuit District Attorney's Office), Covington, for appellee.
    Case Number: S18A0194

    The evidence, although circumstantial, was sufficient to exclude every other reasonable hypothesis save that of guilt and was sufficient to authorize a rational trier of fact to find defendant guilty of the crimes for which he was convicted.

  • Simpkins v. The State

    Publication Date: 2018-06-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Andrew Santos Fleischman (Ross & Pines LLC), Atlanta, for appellant.
    for defendant: Samuel H. Altman, Kelly Anne Jenkins (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: S18A0063

    Defendant's trial counsel was not ineffective in failing to object to evidence of a non-testifying co-defendant's statements as those statements did not violate the Confrontation Clause under Bruton because, standing alone, the statements did not inculpate defendant; rather, they became incriminating only when linked to other evidence introduced later at trial.

  • McCoy v. The State

    Publication Date: 2018-05-31
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Joe M. Harris Jr. (Attorney at Law), Jonesboro, for appellant.
    for defendant: John Andrew Pipkin III, Caitlin McGillicuddy, Meredith Chafin Florio (Henry County Solicitor General's Office), McDonough, for appellee.
    Case Number: S17G1530

    Courts Reviewing Roadblock Stops Must Consider Whether Screening Officers Had Reasonable Suspicion to Defer For Further Detention and Field Tests

  • In The Matter Of Edward Neal Davis.

    Publication Date: 2018-05-31
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Andreea N. Morrison (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Edward Neal Davis (Edward N. Davis P.C.), Butler, for appellee. Herman Maddox Kilgore (Kilgore & Rodriguez LLC), Marietta; Jessica Oglesby, Atlanta; Michael E. Sumner (Sumner Meeker LLC), Newnan, for other party.
    Case Number: S17Y1993

    Attorney's Petition For Voluntary Discipline Rejected