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  • Smith v. The State

    Publication Date: 2017-12-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Jessica A. Seares, Nazish Altaf Ahmed (Atlanta Circuit Public Defender's Office), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston, Matthew Blackwell Crowder (Department of Law), Atlanta; Joshua Daniel Morrison, Paul L. Howard, Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1490

    The evidence supported defendant's convictions for felony murder and related offenses in connection with the shooting death of his wife and the trial court did not err in admitting hearsay statements about the couple's volatile history pursuant to the necessity exception.

  • Simpson v. The State

    Publication Date: 2017-12-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Tyler R. Conklin (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta; Deborah D. Wellborn, Zina B. Gumbs, Sherry Boston (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S17A1352

    The evidence supported defendant's convictions for felony murder, aggravated assault with a deadly weapon, feticide and possession of a firearm during the commission of a felony after he shot his pregnant ex-girlfriend in the face and the trial court did not plainly err in its jury instruction.

  • Muckle v. The State

    Publication Date: 2017-12-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    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, Jason Matthew Rea (Department of Law), Atlanta; Kenneth W. Mauldin, Brian Vance Patterson (Western Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: S17A1363

    The evidence supported defendant's conviction for felony murder in connection with the shooting death of his accomplice in an attempted armed robbery and defendant failed to prove his ineffective assistance of counsel claim based on trial counsel's failure to call another accomplice as a witness at trial.

  • Manner v. The State

    Publication Date: 2017-12-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Veronica M. O'Grady (GPDC Appellate Division), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Anna Green Cross, Lenny I. Krick, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S17A1519

    The trial court properly found that defendant was not entitled to a new trial based on ineffective assistance of counsel.

  • Jones v. The State

    Publication Date: 2017-12-28
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: James C. Bonner, Jr., Tyler R. Conklin (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Rosemary M. Greene, Sharon Moyer Fox (Cherokee Judicial Circuit District Attorney's Office), Cartersville, for appellee.
    Case Number: S17G0118

    The Court of Appeals erred in holding that defendant's guilty verdicts for theft by conversion and theft by bringing stolen property into Georgia after he failed to return a car he had rented in Tennessee and drove through Georgia were not mutually exclusive because it was legally and logically impossible to convict the accused of both counts.

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  • Lebis v. The State

    Publication Date: 2017-12-28
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S17A0948

    There was insufficient evidence to support defendant's convictions for two counts of misdemeanor obstruction of a police officer after her husband fatally shot an officer who was attempting to arrest them, but the evidence was sufficient to support her convictions for two other misdemeanor obstruction counts, felony murder and several firearms possession counts.

  • Forte v. The State

    Publication Date: 2017-12-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Victoria Lynn Novak (Office of the Public Defender), Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Julia Anne Fessenden Slater, Matthew Jon Landreau, William Donald Kelly, Jr. (Chattahoochee Judicial Circuit District Attorney's Office), Columbus, for appellee.
    Case Number: S17A1912

    The trial court did not plainly err in giving the jury an incomplete charge on malice murder as the jury had a written copy of the complete charges during its deliberation and the trial courts mistake in reading the charge thus did not affect defendant's substantial rights in such a manner as to affect the outcome of the trial court proceedings.

  • In The Matter Of John F. Meyers.

    Publication Date: 2017-12-27
    Practice Area: Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Jonathan Winslow Hewett, Jenny K. Mittelman, Paula J. Frederick (State Bar of Georgia), Atlanta, for appellant.
    for defendant: S. Lester Tate, III, W. Matthew Wilson (Akin & Tate PC), Cartersville, for appellee. Herman Maddox Kilgore (Kilgore & Rodriguez LLC), Marietta, Bridget B. Bagley, Atlanta; David Anthony LaMalva, (LaMalva Geoffroy & Oeland PC), Conyers; Anthony B. Askew, Atlanta, for other party.
    Case Number: S17Y1593

    The Supreme Court suspended an attorney from the practice of law for two years for his violations of various Georgia Rules of Professional Conduct in connection with improper billing to his law firm's corporate client.

  • Holmes-Bracy v. Bracy

    Publication Date: 2017-12-27
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Rodney Earl Davis (Rodney E. Davis, P.C.), Warner Robins, for appellant.
    for defendant: Carmel W. Sanders, Macon, for appellee.
    Case Number: S17A1682

    The trial court partially erred in concluding that husband could not be held in contempt for failing to make any of the monthly payments of fifty percent of his military retirement that he was required to make under the terms of parties final divorce decree because the judgment had become dormant.

  • Donaldson v. The State

    Publication Date: 2017-12-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Darrell Brinnett Reynolds, Sr. (Darrell B. Reynolds, P.C.), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Elizabeth A. Baker, Tracy Graham Lawson, Elizabeth Rosenwasser Rosenwasser (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A1350

    Although the evidence supported defendant's convictions for felony murder and one count of firearm possession, the Supreme Court of Georgia vacated his convictions for aggravated assault and a second firearm possession count because the trial court should have merged those convictions into other counts.