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  • Dorsey v. The State

    Publication Date: 2018-05-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Robert Gerald O'Melveny (Chattahoochee Jucicial Circuit Public Defenders), Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-soo Youn (Department of Law), Atlanta; Julia Anne Fessenden Slater, Christopher D'Oyen Williams (Chattahoochee Judicial Circuit District Attorney's Office), Columbus, for appellee.
    Case Number: S18A0121

    The evidence supported defendant's convictions for malice murder and possession of a firearm during the commission of a felony, as the jury was authorized to reject defendant's claim that he was provoked into shooting the victim or that he acted in self-defense.

  • Blount v. The State

    Publication Date: 2018-05-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: William Alexander McQueen (McQueen Law Office LC), Athens, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Jon Richard Forwood, Kenneth W. Mauldin, Brian Vance Patterson (Western Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: S18A0201

    The evidence supported defendant's convictions for murder and related offenses arising out of a drive-by shooting and defendant failed to demonstrate that he received ineffective assistance of counsel.

  • Caffee v. The State

    Publication Date: 2018-05-29
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Gregory A. Hicks (Law Offices of Gregory A. Hicks), Woodstock, for appellant.
    for defendant: David Martin McElyea, Jessica K. Moss, Carlton Todd Hayes (Cherokee County Solicitor General's Office), Canton, for appellee.
    Case Number: S17G1691

    Probable Cause Will Not Justify Warrantless Search Absent Exception to Warrant Requirement

  • Taylor v. The State

    Publication Date: 2018-05-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Alfonza Whitaker (Whitaker & Whitaker), Columbus; Leon Jacobson (Bukh Law Firm PLLC), Brooklynn, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; Lalaine Aquino Briones (Prosecuting Attorneys' Counsel of Georgia), Morrow; Julia Anne Fessenden Slater (Chattahoochee Judicial Circuit District Attorney's Office), Columbus; Charles Alan Spahos, Morehead City for appellee.
    Case Number: S18A0276

    Jury Could Rationally Conclude That Hit-And-Run Driver Proximately Caused Embolism That Followed Hit-And-Run Injuries

  • Smith v. The State

    Publication Date: 2018-05-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Larry Michael Johnson, Nashville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, Christopher M. Carr (Department of Law), Atlanta; George Elemuel Barnhill, Alexander John Markowich, (Waycross Judicial Circuit District Attorney's Office), Waycross, for appellee.
    Case Number: S18A0333

    The trial court properly denied defendant's motion for new trial because he failed to prove his ineffective assistance of counsel claims.

  • Yarbrough v. The State

    Publication Date: 2018-05-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Jennifer Sullivan Hanson (Atlanta Judicial Circuit 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., Lyndsey Hurst Rudder, F. McDonald Wakeford (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0113

    The trial court did not clearly err in finding that the prosecution did not intend to goad the defense into moving for a mistrial and the Court, therefore, affirmed the denial of defendant's plea in bar.

  • In The Matter Of David E. Morgan, III.

    Publication Date: 2018-05-25
    Practice Area: Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: David E. Morgan III, Abbeville, for appellant.
    for defendant: Wolanda R. Shelton, Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), Atlanta, for appellee.
    Case Number: S18Y0821

    The Supreme Court accepted an attorney's petition for voluntary discipline and imposed a 2-year suspension with conditions for reinstatement.

  • Reis et al. v. Ooida Risk Retention Group, Inc.

    Publication Date: 2018-05-25
    Practice Area: Civil Procedure | Constitutional Law | Insurance Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Daniel C. Jason (Jason & Bradley LLC), Stone Mountain, for appellant.
    for defendant: Zach M. Matthews, Scott Wayne McMickle (McMickle, Kurey & Branch, LLP), Alpharetta, for appellee. Susan Joy Levy, Henry Lee Pruett (Levy & Pruett), Decatur, for amicus appellee.
    Case Number: S18A0505

    The trial court properly granted summary judgment to defendant risk retention group in a direct action against it because provisions in the federal Liability Risk Retention Act of 1986 preempt Georgias motor carrier and insurance carrier direct action statutes in regard to risk retention groups, thereby precluding the direct action at issue.

  • Slaton v. The State

    Publication Date: 2018-05-25
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Greg Howard Bell (Attorney at Law), Warner Robins, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; George Herbert Hartwig III, Alicia Deck Gassett (Houston County District Attorney's Office), Perry, for appellee.
    Case Number: S18A0354

    The Supreme Court affirmed defendant's conviction for malice murder, as he failed to prove his several ineffective assistance of counsel claims.

  • Norman v. The State

    Publication Date: 2018-05-25
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Amy Lee Copeland (Rouse & Copeland LLC), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, Christopher M. Carr (Department of Law), Atlanta; John Thomas Durden Jr., Brooklyn Renee Franklin (Atlantic Judicial Circuit District Attorney's Office), Hinesville, for appellee.
    Case Number: S18A0331

    Trial Counsel Not Ineffective For Stipulating To Substance of Witness Testimony Regarding Prior Crime