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  • Byron v. The State

    Publication Date: 2018-04-05
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Michael Walter Gowen (Tifton Judicial Circuit Public Defender's Office), Tifton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Clifford Paul Bowden, Robert Alan Rogers, Jennifer Dawn Hart (Tifton Judicial Circuit District Attorney's Office), Tifton; Kevin Eugene Hutto (Office of the District Attorney), Tifton, for appellee.
    Case Number: S17A1555

    The evidence supported defendant's convictions for malice murder and other crimes arising from an argument in the parking lot of a club and defendant failed to prove his ineffective assistance of counsel claims.

  • Tanner v. The State

    Publication Date: 2018-04-04
    Practice Area: Criminal Law | Evidence | Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Teddy Lee Henley (Rome Circuit Public Defender's Office), Rome, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Herbert McIntosh Poston Jr. (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: S17A1417

    The evidence supported defendant's convictions for malice murder and other crimes and he failed to show any actual conflict of interest that adversely affected his lawyers performance in support of his argument that he was denied his Sixth Amendment right to conflict-free counsel at trial.

  • Morris v. The State

    Publication Date: 2018-04-04
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: John Walter Kraus (Office of the Public Defender), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Vanessa Therese Meyerhoefer, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Joshua Daniel Morrison (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1402

    The trial court did not plainly err in its jury instructions in defendant's murder trial in connection with the shooting death of his roommate.

  • In The Matter Of Donald Edward Smart

    Publication Date: 2018-03-21
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Wolanda R. Shelton, Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Donald Edward Smart (The Smart Law Firm), Stratford, for appellee.
    Case Number: S18Y0511

    The Supreme Court imposed a Review Panel reprimand on an attorney for his violation of Georgia Rules of Professional Conduct 1.1, 1.2 (a), 1.3 and 1.4 in connection with his representation of a client.

  • In The Matter Of Cheryl Joyce Braziel

    Publication Date: 2018-03-21
    Practice Area: Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Richard Wayne Hendrix (Finch McCranie, LLP), Atlanta, for appellant.
    for defendant: William Jacob Cobb, Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), Atlanta, for appellee.
    Case Number: S18Y0434

    The Supreme Court rejected attorney's petition for voluntary discipline in which she sought a review panel reprimand after her office submitted a fabricated letter from another attorney to an insurance company.

  • Cahill v. United States

    Publication Date: 2018-03-21
    Practice Area: Contracts | Family Law | Real Estate
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Frank G. Podesta (FGP Law, LLC), Roswell, for appellant.
    for defendant: Lori Marie Beranek, Lisa Dolores Cooper, John A. Horn (United States Attorney's Office), Atlanta; Robert J. Branman (Department of Justice, Tax Division), Joan I. Oppenheimer (Tax Division Department of Justice), Washington, for appellee.
    Case Number: S17Q1559

    Answering a question from the district court, the Court concluded that parties' divorce decree severed the joint tenancy with right of survivorship created by a quitclaim deed executed during their marriage.

  • In The Matter Of Natalie Dawn Mays

    Publication Date: 2018-03-20
    Practice Area: Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Andreea N. Morrison, Paula J. Frederick (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Natalie Dawn Mays, Ellenwood, for appellee.
    Case Number: S18Y0315

    The Supreme Court disbarred an attorney in connection with her violation of several of the Georgia Rules of Professional Conduct during her representation of a client.

  • The State v. Harper

    Publication Date: 2018-03-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Sharell Fincher Lewis, Rebecca Holmes Liles Grist, Donyale Nicole Leslie (Bibb County Solicitor-General's Office), Macon, for appellant.
    for defendant: Andrew Charles Hall (Hall Hirsh Hughes LLC), Decatur, for appellee.
    Case Number: S17G0199

    The Supreme Court reversed the Court of Appeals' decision holding that defendant could not be found guilty of trespass under O.C.G.A. § 16-7-21 (b) (2) as a matter of law after he entered a residence through a locked door from the backyard without the homeowner's knowledge or permission, because the locked entry door to the homeowners residence provided reasonable and sufficiently explicit notice to defendant that entry into the residence was forbidden.

  • Barnes et al. v. Channel et al.

    Publication Date: 2018-03-19
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Stephen Heuron Robinson (The Law Offices of Stephen H. Robinson), Atlanta, for appellant.
    for defendant: Stephen H. DeBaun (Law Offices of Stephen H. DeBaun, P.C.), Tucker, for appellee.
    Case Number: S17A1357

    The Supreme Court partially vacated the trial courts order granting an injunction in a dispute between siblings over their aunt's estate and remanded the case, holding that most of the relief the trial court granted was not proper interlocutory relief.

  • De La Cruz v. The State

    Publication Date: 2018-03-16
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Mary Terry Benton, Derin Bronson Dickerson, Francisco Gonzalez-Burgos, Tejas Surendra Patel, Kacy Brake, Emily Catherine Hootkins, Andrew J. Liebler, Andrew M. Brown (Alston & Bird LLP), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Mary Catherine Greaber, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; John Allen Lawson, Richard Lowery Perryman III (Alapaha Judicial Circuit District Attorney's Office), Nashville; Bianca Plair Goodman (Muscogee County Solicitor General's Office), Columbus, for appellee.
    Case Number: S17A1887

    21-Year Delay in Resolving Motion for New Trial Did Not Violate Defendant's Due Process Rights