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  • Walton v. The State

    Publication Date: 2018-03-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Andrew Santos Fleischman (Ross & Pines, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Haase Brock (Department of Law), Atlanta; Anna Green Cross, Lenny I. Krick, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S17A1756

    Defendant Not Prejudiced by Trial Counsel's Failure to Review Police Report Describing Violent Altercation Prior to Events Leading to Homicide

  • Jones v. The State

    Publication Date: 2018-03-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Ronald Richard Parker (Georgia Public Defender Standards Council), Bainbridge; Katherine Lynn Dodd (Southwest Georgia Conflict Division-GPDC), Americus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Gregory W. Edwards, Kathryn O. Fallin (Dougherty County District Attorney's Office), Albany, for appellee.
    Case Number: S17A1526

    Even assuming that defense counsel was deficient in opening the door for the prosecution to elicit otherwise inadmissible evidence of defendant's bad character, defendant could not show that the allegedly deficient performance prejudiced him, in light of the strong evidence of his guilt, and thus could not prove his ineffective assistance of counsel claim in connection with his convictions for felony murder and armed robbery.

  • McClain v. The State

    Publication Date: 2018-03-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Teresa Lynn Doepke (Alcovy Judicial Circuit Public Defender), Covington; Anthony Scott Carter (Alcovy Judicial Circuit Public Defender), Monroe, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; Layla Hinton Zon, Binford Griffin Bramblett, Randal Matthew McGinley (Alcovy Judicial Circuit District Attorney's Office), Covington, for appellee.
    Case Number: S17A1634

    Evidence Supported Jury's Conclusion Victim Died As Result of Numerous Gunshots Fired by Defendant

  • Miller v. The State

    Publication Date: 2018-03-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Eric J Taylor (Office of the Public Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard, Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder, Marc A. Mallon (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1578

    The jury was authorized to find that the evidence, although circumstantial, was sufficient to exclude every other reasonable hypothesis save that of guilt in defendant's trial for malice murder and concealing the death of another in connection with the death of her ex-girlfriend.

  • Adams v. The State

    Publication Date: 2018-03-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Alvin Adams, III, Reidsville, for appellant.
    for defendant: Herbert McIntosh Poston, Jr. (Conasauga Judicial Circuit District Attorney's Office), Dalton; Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for appellee.
    Case Number: S17A1453

    The trial court properly denied defendant's motion to withdraw his guilty plea to charges of malice murder and armed robbery because the term of court in which defendant was sentenced had expired and the trial court thus lacked jurisdiction to grant the motion.

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    Insurance Coverage Disputes

    Authors: John H. Mathias, Jr., John D. Shugrue, Thomas A. Marrinson

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  • Brown v. The State

    Publication Date: 2018-03-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: David Glenn Williams, Jr. (Western Judicial Circuit Public Defender's Office), Athens, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; David T. Lock, Savannah; Brian Vance Patterson (Western Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: S17A1582

    The Court reversed defendant's convictions for murder and related offenses because the trial court committed reversible error in admitting certain other acts evidence.

  • Franklin v. The State

    Publication Date: 2018-03-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Jerilyn Lyshette Bell, Josh David Moore, Gerald P. Word (Georgia Capital Defenders), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Emily Kathleen Richardson, Brian Keith Fortner, Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S17A1599

    The trial court properly concluded that it had no authority to determine prior to trial whether the aggravating circumstances State alleged would be sufficiently proved by the evidence to support the imposition of the death penalty.

  • Blach v. Diaz-Verson

    Publication Date: 2018-03-06
    Practice Area: Banking and Finance Laws | Creditors' and Debtors' Rights
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Anthony Binford Minter (Wagner, Johnston & Rosenthal, PC.), Atlanta, for appellant.
    for defendant: Kurtis A. Powell (Hunton & Williams), Atlanta, for appellee. Robert J. Frey, Sarasota; Stephen G. Gunby, W. Fray McCormick (Page Scrantom Sprouse Tucker & Ford PC), Columbus, for other party.
    Case Number: S17Q1508

    Insurance Company Was Not "Financial Institution" When It Was Garnished Based on Earnings Owed as Debtor's Employer

  • In The Matter of Adam Lorenzo Smith.

    Publication Date: 2018-03-05
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Brian Steel (The Steel Law Firm, PC.), Atlanta; Bruce H. Morris (Finestone & Morris), Atlanta, for appellant.
    for defendant: Andreea N. Morrison, Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), for appellee.
    Case Number: S18Y0484

    Attorney Convicted of Conspiracy to Commit Bribery Was No Longer Qualified to Practice Law

  • Calloway v. The State

    Publication Date: 2018-03-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Jennifer Elaine Hildebrand (Hildebrand Law Office, PC.), LaFayette, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Herbert E. Franklin, Jr. (Lookout Mountain Judicial Circuit District Attorney's Office), LaFayette, for appellee.
    Case Number: S17A2019

    Federal Conviction for Attempt to Manufacture Meth Barred Subsequent Prosecution of State Law Felony Murder Predicated on Meth Crime