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  • Welch v. The State

    Publication Date: 2020-10-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Bruce Steven Harvey, (Law Offices of Bruce S. Harvey), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, Tasha Monique Mosley, Karen Smith Barbour, (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S20A1010

    Defendant's Girlfriend's Out-Of-Court Statement Was Admissible Under Forfeiture-By-Wrongdoing Exception to Hearsay Rule

  • Bridgewater v. The State

    Publication Date: 2020-10-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Stephen Randall Scarborough, (Office of the Public Defender), Atlanta, Jessica A. Seares, (Atlanta Circuit Public Defender's Office), Atlanta, Margaret Elizabeth Bullard, (Fulton County Public Defender's Office), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Paul L. Howard, Jr., Lyndsey Hurst Rudder, Stephany Julissa Luttrell, (Fulton County District Attorney's Office), Smyrna, for appellee.
    Case Number: S20A1014

    Key Trial Witness's Pretrial Statements to Police Properly Admitted as Prior Inconsistent Statements

  • Griffin v. The State

    Publication Date: 2020-10-26
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Jessica Ruth Towne, David Edward Clark, (Clark & Towne, P.C.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill, (Department of Law), Atlanta, Penny Alane Penn, Michael Shawn Mahoney, (Forsyth County District Attorney's Office), Cumming, for appellee.
    Case Number: S20A0967

    Trial Counsel Offered Reasonable Tactical Explanation For Failing to Challenge Evidence of Defendant's Racism

  • Meheux v. The State

    Publication Date: 2020-10-23
    Practice Area: Civil Procedure | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Wade Nichols Krueger, (Public Defender's Office), Valdosta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Michelle Thomas Harrison, Bradfield M. Shealy, (Southern Judicial Circuit District Attorney's Office), Valdosta, for appellee.
    Case Number: S20A0963

    Trial Court Erred in Dismissing Untimely Amended Motion for a New Trial, Rather Than Deciding It On the Merits

  • Gray v. The State

    Publication Date: 2020-10-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    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, Alex Martin Bernick, (Department of Law), Atlanta, Paul L. Howard, Jr., Stephany Julissa Luttrell, Lyndsey Hurst Rudder, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S20A0884

    Convicted Defendant Fails to Show That He Was Legally Incompetent to Stand Trial or That His Trial Counsel Was Ineffective in Failing to Investigate His Incompetency

  • Satterfield v. The State

    Publication Date: 2020-10-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: John Mark Shelnutt, (The Law Offices of J. Mark Shelnutt), Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Julia Anne Fessenden Slater, Frederick Lewis, (Chattahoochee Judicial Circuit District Attorney's Office), Columbus, for appellee.
    Case Number: S20A0878

    Evidence Supports Conviction of Felony Murder Defendant; Trial Counsel Was Not Ineffective in Allowing Prosecutor to Comment on Defendant's Pre-Arrest Silence

  • Love v. The State

    Publication Date: 2020-10-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Jason Kang, Covington, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Alex Martin Bernick, (Department of Law), Atlanta, Layla Hinton Zon, (Alcovy Judicial Circuit District Attorney's Office), Covington, for appellee.
    Case Number: S20A0802

    Trial Court Did Not Err in Denying Malice Murder Defendant's Motion to Suppress Statements to Law Enforcement or in Sentencing Him as a Juvenile to Serve Life Without Parole

  • Hill v. The State

    Publication Date: 2020-10-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Leigh Stevens Schrope, Marcia Gail Shein, (Law Firm of Shein & Brandenburg), Decatur, for appellant.
    for defendant: Aslean Zachary Eaglin, Paul L. Howard, Jr., Lyndsey Hurst Rudder, (Fulton County District Attorney's Office), Atlanta, Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith, (Department of Law), Atlanta, for appellee.
    Case Number: S20A0781

    Defendant Who Failed to Timely Raise a Challenge to Jury List Composition Waived the Right to Object

  • Lumpkin v. State

    Publication Date: 2020-10-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Wayne L. Burnaine, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien, (Department of Law), Atlanta, Daniel J. Porter, Lee Franklin Tittsworth, Samuel Richard d'Entremont, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S20A0734

    Ample Evidence Supported Jury Conclusion That Participant in Home Robbery Shared Shooter's Criminal Intent

  • Lowery v. The State

    Publication Date: 2020-10-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Kathleen Strang, Albany, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Timothy Grady Vaughn, Keely Kight Pitts, (Oconee Judicial Circuit District Attorney's Office), Eastman, for appellee.
    Case Number: s20a0597

    Evidence That Suspect Fired Shotgun at Pursuing Sheriff During High-Speed Pursuit Supported Felony Murder Conviction