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  • Kirkland v. The State

    Publication Date: 2021-02-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Michael Wayne Tarleton, (Office of the Appellate Defender), Atlanta, for appellant.
    for defendant: Mark Samuel Lindemann, Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith, (Department of Law), Atlanta, Paul L. Howard, Stephany Julissa Luttrell, Kevin Christopher Armstrong, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S21A0113

    Court affirms malice murder and other convictions over defendant's challenge to trial court's failure to suppress a photo lineup identification

  • Jefferson v. The State

    Publication Date: 2021-02-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Rodney Samuel Zell, (Zell & Zell, P.C.), Savannah, for appellant.
    for defendant: Elizabeth A. Baker, (Fayette County District Attorney's Office), Fayetteville, Brittany Ashton Fallin, (Griffin Judicial Circuit District Attorney's Office), Griffin, Marie Greene Broder, (Griffin Judicial Circuit District Attorney's Office), Thomaston, for appellee.
    Case Number: S20G0528

    Trial court order was final and appealable when that order effectively vacated two counts of a multi-count indictment but denied a new trial motion as to remaining counts

  • Oconee County v. Cannon et al.

    Publication Date: 2021-02-23
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Terry Eugene Williams, Jason Christopher Waymire, (Williams Morris & Waymire, LLC), Buford, for appellant.
    for defendant: Darl Hilton Champion, (The Champion Firm, P.C.), Atlanta, John David Hadden, (The Hadden Law Firm, LLC), Atlanta, Meredith Stein Watts, (The Watts Firm LLC), Atlanta, for appellee.
    Case Number: S20G0584

    Court remands for analysis of whether a defendant knew or should have known that he would be named as a defendant under the relation-back statute

  • Hall, Warden v. Jackson

    Publication Date: 2021-02-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Judge Nahmias
    Attorneys: For plaintiff: Ronald Edwards Daniels, (Daniels Law LLC), Eastman, Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith, (Department of Law), Atlanta, for appellant.
    for defendant: Stephen Elijah Brown-Bennett, (Taylor Lee & Associates, LLC), Norcross, for appellee.
    Case Number: S20A1574

    Court affirms habeus ruling that a defendant received ineffective assistance of appellate counsel due to conflict of interest and remands for a new appeal

  • Henderson v. The State

    Publication Date: 2021-02-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Daniel Horne Petrey, (Dekalb County Public Defender's Office), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, Emily Kathleen Richardson, Deborah D. Wellborn, Sherry Boston, Roderick B. Wilkerson, Drew Kendall Shumate, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S20A1571

    Court affirms convictions for malice murder and other crimes over defendant's challenges to admission of his custodial statement and to the striking of a statement

  • Polo Golf and Country Club Homeowners Association, Inc. v. John Cunard et al.

    Publication Date: 2021-02-19
    Practice Area: Constitutional Law | Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: John T. Lueder, (Lueder, Larkin & Hunter, LLC), Alpharetta, for appellant.
    for defendant: Kenneth Edward Jarrard, Joseph Paul Mitchell, (Jarrard & Davis, LLP), Cumming, for appellee.
    Case Number: S20A1205

    County Had Authority to Require Homeowners Association to Maintain Drainage Easements and Stormwater Facilities

  • Kitchens v. The State

    Publication Date: 2021-02-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Aaron Scott Palmer, (Middle Judicial Circuit Public Defender's Office), Swainsboro, for appellant.
    for defendant: Samuel Howard Altman, Kelly J. Weathers, (Middle Judicial Circuit District Attorney's Office), Swainsboro, Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, for appellee.
    Case Number: S20A1230

    Any Error in Admitting Hearsay Evidence Was Harmless in Light of Other Strong Evidence Against Defendant

  • Nesby v. The State

    Publication Date: 2021-02-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Daniel Horne Petrey, (Dekalb County Public Defender's Office), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Leslie Anna Coots, (Department of Law), Atlanta, Deborah D. Wellborn, Sherry Boston, Drew Kendall Shumate, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S21A0207

    Court affirms malice murder and other convictions over contentions of trial court error relating to defendant's exclusion from bench conferences

  • Johnson v. The State

    Publication Date: 2021-02-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Jessica Ruth Towne, (Clark & Towne, P.C.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, Michael Alexander Oldham, (Department of Law), Atlanta, Penny Alane Penn, (Forsyth County District Attorney's Office), Cumming, for appellee.
    Case Number: S20A1289

    Court affirms malice murder conviction over defendant's contentions of failure to strike testimony, ineffective assistance, and errors in denying motions to suppress

  • Harper v. The State

    Publication Date: 2021-02-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Stephen Randall Scarborough, (Office of the Public Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Rosenwasser, (Department of Law), Atlanta, Paul L. Howard, Jr., Lyndsey Hurst Rudder, Tristan Wade Gillespie, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S20A1288

    Court affirms malice murder conviction over defendant's challenges to admission of recordings of interviews he gave before and after his arrest