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  • Williams v. The State

    Publication Date: 2018-05-10
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Chaunda Brock (Brock Law LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Marc A. Mallon (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0001

    The trial court did not abuse its discretion in denying defendants motion to obtain funds for an expert witness in his murder trial arising from the death of his girlfriends 4-year-old son, as defendant did not provide sufficient information to allow the trial court to make an informed decision about his need for assistance.

  • Jackson v. The State

    Publication Date: 2018-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Arthur C. Walton (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0127

    Participant in Shooting Incident Was Subject to Prosecution for Murder Resulting From Another Participant's Gunfire

  • Hendrix v. The State

    Publication Date: 2018-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Vanessa Therese Meyerhoefer (Department of Law), Atlanta; Margaret Ellen Heap, Isabel M. Pauley (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S18A0382

    Statement Previously Made to Police by Reluctant Witness Was Admissible Under Exception to Hearsay Rule

  • In The Matter Of John Benneth Iwu.

    Publication Date: 2018-05-09
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Jonathan Winslow Hewett, Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), Atlanta, for appellant.
    for defendant: John Benneth Iwu (Continental Legal Group PC), for appellee. Herman Maddox Kilgore (Kilgore & Rodriguez LLC), Marietta; Jessica Oglesby, Atlanta; Andrew Charles Hall (Hall Hirsh Hughes LLC), Decatur, for other party.
    Case Number: S18Y0694

    Three-Year Suspension Appropriate Sanction for Attorney Who Made False Statements to Bar During Disciplinary Proceedings

  • Gibbs v. The State

    Publication Date: 2018-05-09
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Forrest K. Shealy, Marietta, for appellant.
    for defendant: Michael Scott Carlson, Amelia Greeson Pray, D. Victor Reynolds, Jaret Teague Usher (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17G1343

    The Court of Appeals properly affirmed the trial courts denial of defendant's motion for new trial based on ineffective assistance of counsel, as he could not show a reasonable probability that the outcome of the trial would have been different absent trial counsel's alleged deficiencies, in light of the strong evidence of his guilt.

  • Law Journal Press | Digital Book

    Sex Discrimination and Sexual Harassment in the Work Place

    Authors: Lawrence Solotoff (deceased), Henry S. Kramer

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  • Jones v. The State

    Publication Date: 2018-05-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Louis M. Turchiarelli, Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; John Richard Edwards, D. Victor Reynolds (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S18A0263

    Evidence That Defendant Chambered Shotgun Shell and Then Pulled Trigger Supported Finding of Malice

  • In the Matter of Miguel Angel Garcia, Jr.

    Publication Date: 2018-05-08
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: William Jacob Cobb, Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Miguel Angel Garcia Jr. (Miguel A Garcia Jr Attorney at Law LLC), Macon, for appellee. Herman Maddox Kilgore (Kilgore & Rodriguez LLC), Marietta, for other party.
    Case Number: S18Y0158

    Disbarment Was Appropriate For Attorney Who Violated Numerous Rules of Conduct and Failed to Respond to Disciplinary Notices

  • The State v. Abbott

    Publication Date: 2018-05-01
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Joshua Bradley Smith, Henry Wayne Syms Jr., Tyler McKenzie Gray (Augusta Judicial Circuit District Attorney's Office), Augusta; Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for appellant.
    for defendant: Ricardo Bravo (Law Offices of Ricardo Bravo LLC), Augusta; Charles R. Sheppard, Evans, for appellee.
    Case Number: S17A1583

    The trial court properly suppressed defendant's pre-Miranda warning statements to investigators but applied the wrong legal standard in suppressing his post-Miranda statements, which the trial court determined resulted from an improper interrogate first, warn later procedure.

  • The State v. Aduka

    Publication Date: 2018-04-30
    Practice Area: Criminal Appeals | Immigration Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Deborah D. Wellborn, Sherry Boston, Anna Green Cross (DeKalb County District Attorney's Office), Decatur, for appellant.
    for defendant: Akintunde A. Akinyele (Akinyele Law Firm LLC), Decatur; Akinwunmi Doherty (The Doherty Law Firm), Atlanta, for appellee.
    Case Number: S17A1717

    The Court reversed the grant of appellee's petition for a writ of habeas corpus, finding that the trial court erred in ruling that plea counsel was deficient in advising his noncitizen client that he could be deported, rather than informing him that he would be deported if he entered the plea in question, because the law was not succinct and straightforward at the time.

  • Robinson v. The State

    Publication Date: 2018-04-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Margaret Elizabeth Heinen (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Rosemary M. Greene, Sharon Moyer Fox (Cherokee Judicial Circuit District Attorney's Office), Cartersville, for appellee.
    Case Number: S17A1903

    The evidence supported defendant's convictions for malice murder, two counts of felony murder, attempted armed robbery, possession of a firearm in commission of a felony and possession of a firearm by a convicted felon and there was ample evidence corroborating the accomplice's testimony.