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  • 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

  • Ricks v. The State

    Publication Date: 2018-05-31
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Ashleigh Ricks, Hawkinsville, for appellant.
    for defendant: Stephen Andrew Bradley (Ocmulgee Judicial Circuit District Attorney's Office), Milledgeville; Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton (Department of Law), Atlanta, for appellee.
    Case Number: S18A0012

    Trial Court Lacked Jurisdiction to Rule On Motion for Out-Of-Time Appeal

  • Putnal 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: Gerald P. Word, Crystal Harmon Bice (Georgia Capitol Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Oliver Jackson Browning Jr., Jordan Leigh Stover (Tallapoosa Judicial Circuit District Attorney's Office), Cedartown, for appellee.
    Case Number: S18A0018

    The trial court erred in denying defendant's motion to proceed ex parte and under seal with regard to his requests for defense-retained mental health experts to gain access to him in the detention center where he was incarcerated.

  • In Re: Estate Of Gladstone.

    Publication Date: 2018-05-30
    Practice Area: Insurance Law | Trusts and Estates
    Industry: Insurance
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: William Randal Bryant, Timothy Jerome Burson, John V. Burch (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, for appellant.
    for defendant: John Richard Neville (Neville & Cunat LLP), Cumming; Margaret Austin Spaulding (Boling Rice LLP), Cumming; Kevin James Tallant (Miles Hansford & Tallant LLC), Cumming; Craig Smith Oakes (Bryant & Oakes PC), Suwanee, for appellee. Maurice M. Egan Jr. (Owen, Gleaton, Egan, Jones & Sweeney LLP), Atlanta, for amicus appellant.
    Case Number: S17G1472

    Conservator's Bond Did Not Cover Punitive Damages For Breach of Fiduciary Duty

  • Holt v. Ebinger

    Publication Date: 2018-05-30
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, Christopher M. Carr (Department of Law), Atlanta, for appellant.
    for defendant: William Randall Bassett Jr., Philip Robbins Green (King & Spalding LLP), Atlanta, for appellee. Paige Reese Whitaker (Fulton County District Attorney's Office), Atlanta, for other party.
    Case Number: S18A0052

    The habeas court erred in granting habeas relief to petitioner because his failure to complete the record with relevant evidence from the trial proceedings was fatal to all of the claims for which he was granted relief.

  • Flowers v. The State

    Publication Date: 2018-05-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Jessica Ruth Towne (Jessica R. Towne P.C.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Meghan Hobbs Hill, Christopher M. Carr (Department of Law), Atlanta; Daniel J. Porter, Lee Franklin Tittsworth, Robert David Wolf (Gwinnett County Office of the District Attorney), Lawrenceville, for appellee.
    Case Number: S18A0241

    The evidence supported defendant's convictions for murder and armed robbery after he robbed and shot a drug dealer.

  • In The Interest Of K.S., A Child.

    Publication Date: 2018-05-30
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: James John Anagnostakis (Anagnostakis Law Group), Douglasville, for appellant.
    for defendant: Kristi Lee Winstead Wilson, Brian Keith Fortner, Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S17G1344

    Decisions Regarding Transfer of Juveniles to Superior Court Are Directly Appealable to Court of Appeals