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  • 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.

  • 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

  • Taylor v. The State

    Publication Date: 2018-03-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Bernard Stephen Brody (Brody Law Firm), Atlanta, for appellant.
    for defendant: Daniel J. Porter, Lee Franklin Tittsworth (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S17G0501

    Search Warrant Affidavit Satisfactorily Established Link Between Suspect and Search Location Through Inferences Drawn from Affidavit

  • In The Matter Of Richard V. Merritt.

    Publication Date: 2018-03-02
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Richard Vinson Merritt (The Merritt Firm, LLC), Smyrna, for appellant.
    for defendant: Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), Atlanta, for appellee.
    Case Number: S18Y0387

    Attorney's Failure to Disburse Client Funds to Client and Failure to Provide Accounting Warranted Termination of License to Practice

  • In The Matter Of Cameron Shahab.

    Publication Date: 2018-02-28
    Practice Area: Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Andreea N. Morrison, Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Cameron Shahab (TSG LLP), Newtown Square, for appellee. Herman Maddox Kilgore (Kilgore & Rodriguez LLC), Marietta; Jessica Oglesby, Atlanta; Tina Shadix Roddenbery (Holland Roddenbery LLC), Atlanta, for other party.
    Case Number: S17Y2016

    The Supreme Court disbarred an attorney for multiple violations of the Georgia Rules of Professional Conduct in relation to his deficient representation and neglect of two unrelated clients in immigration matters.

  • Brown et al. v. RAC Acceptance East, LLC

    Publication Date: 2018-02-28
    Practice Area: Contracts | Dispute Resolution
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Mitchell Le'roux Albert, III (Mitchell L. Albert III & Associates LLC), Atlanta, for appellant.
    for defendant: Glianny Fagundo-Toro, Matthew Robert Rosenkoff (Taylor English Duma LLP), Atlanta; Robert F. Friedman (Littler Mendelson, P.C), Dallas, for appellee.
    Case Number: S17G1097

    The trial court properly found that the delegation provision in the parties arbitration agreement clearly gave the arbitrator, not the courts, the authority to determine that defendant did not waive by prior litigation conduct its right to seek arbitration, and the arbitrators decision on the waiver question could not be properly challenged as legally erroneous.