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  • Garner v. The State

    Publication Date: 2018-07-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Michael Wayne Tarleton, Jackie Lynn Tyo (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Haase Brock (Department of Law), Atlanta; Leigh Ellen Patterson, Luke Anthony Martin (Floyd County District Attorney's Office), Rome, for appellee.
    Case Number: S18A0799

    The trial court did not err in refusing to charge the jury on self-defense in defendant's trial for murder and other charges because there was not even slight evidence to support such an instruction.

  • The State v. Davis

    Publication Date: 2018-06-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Margaret Ellen Heap, Christine Sieger Barker (Office of the District Attorney Eastern Judicial), Savannah, for appellant.
    for defendant: Amy Lee Ihrig, Robert Lawrence Persse (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellee. Scott L. Ballard, Benjamin David Coker (Griffin Judicial Circuit District Attorney's Office), Fayetteville; Robert Wright Smith Jr. (Prosecuting Attorneys' Council of Georgia), Morrow, for amicus appellant. James C. Bonner Jr., Brandon Alexander Bullard (Georgia Public Defender Council), Atlanta; Elizabeth Ann Brandenburg (Law Firm of Shein & Brandenburg), Decatur; Robert G. Rubin (Peters, Rubin & Sheffield, PA), Atlanta, for amicus appellee.
    Case Number: S17G1333

    The trial court erred in denying defendant's motion for a general demurrer after State charged him with failing to register as a sex offender in violation of O.C.G.A. § 42-1-12, because the Georgia Board of Pardons and Paroles' pardon of defendant's aggravated sodomy conviction obviated his duty to register.

  • McCoy v. The State

    Publication Date: 2018-05-31
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Joe M. Harris Jr. (Attorney at Law), Jonesboro, for appellant.
    for defendant: John Andrew Pipkin III, Caitlin McGillicuddy, Meredith Chafin Florio (Henry County Solicitor General's Office), McDonough, for appellee.
    Case Number: S17G1530

    Courts Reviewing Roadblock Stops Must Consider Whether Screening Officers Had Reasonable Suspicion to Defer For Further Detention and Field Tests

  • Putnal v. The State

    Publication Date: 2018-05-31
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Gerald P. Word, Crystal Harmon Bice (Georgia Capitol Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Oliver Jackson Browning Jr., Jordan Leigh Stover (Tallapoosa Judicial Circuit District Attorney's Office), Cedartown, for appellee.
    Case Number: S18A0018

    The trial court erred in denying defendant's motion to proceed ex parte and under seal with regard to his requests for defense-retained mental health experts to gain access to him in the detention center where he was incarcerated.

  • In Re: Estate Of Gladstone.

    Publication Date: 2018-05-30
    Practice Area: Insurance Law | Trusts and Estates
    Industry: Insurance
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: William Randal Bryant, Timothy Jerome Burson, John V. Burch (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, for appellant.
    for defendant: John Richard Neville (Neville & Cunat LLP), Cumming; Margaret Austin Spaulding (Boling Rice LLP), Cumming; Kevin James Tallant (Miles Hansford & Tallant LLC), Cumming; Craig Smith Oakes (Bryant & Oakes PC), Suwanee, for appellee. Maurice M. Egan Jr. (Owen, Gleaton, Egan, Jones & Sweeney LLP), Atlanta, for amicus appellant.
    Case Number: S17G1472

    Conservator's Bond Did Not Cover Punitive Damages For Breach of Fiduciary Duty

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  • Brown v. The State

    Publication Date: 2018-05-24
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Juwayn Haddad (Haddad Law Group LLC), Tucker, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-soo Youn (Department of Law), Atlanta; Joshua Daniel Morrison, Paul L. Howard Jr., Lyndsey Hurst Rudder, Michael V. Snow (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0262

    Trial Counsel Not Ineffective For Failing to Cross-Examine Witness Regarding Multiple Prior Arrests and Felony Convictions

  • Warbington v. The State

    Publication Date: 2018-05-21
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Jordan Warbington, Helena, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Daniel J. Porter, Tracie Hobbs Cason (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S18A0347

    The trial court denied defendant's meritless Motion for Jail-Credit Time when it should have dismissed the motion as a nullity; because the motion was a nullity, the Supreme Court dismissed defendant's appeal from the denial of the motion.

  • White v. The State

    Publication Date: 2018-05-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Chauntilia Khelice Adaway (Tifton Circuit Public Defender's Office), Tifton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta; Clifford Paul Bowden, Jennifer Dawn Hart (Tifton Judicial Circuit District Attorney's Office), Tifton, for appellee.
    Case Number: S18A0429

    Defense Counsel Not Ineffective for Failing to Call Witnesses Who Could Testify as to Contentious Relationship Between Defendant and Victim

  • Mitchell v. The State

    Publication Date: 2018-05-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: J. Converse Bright, Valdosta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Vanessa Therese Meyerhoefer, Christopher M. Carr (Department of Law), Atlanta; Jessica Whittington Clark, Bradfield M. Shealy (Southern Judicial Circuit District Attorney's Office), Valdosta, for appellee.
    Case Number: S18A0193

    Extensive Evidence Supported Defendant's Conviction for Murder, Assault, and Firearm Possession

  • Robinson v. The State

    Publication Date: 2018-04-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    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, Meghan Hobbs Hill (Department of Law), Atlanta; Rosemary M. Greene, Sharon Moyer Fox (Cherokee Judicial Circuit District Attorney's Office), Cartersville, for appellee.
    Case Number: S17A1903

    The evidence supported defendant's convictions for malice murder, two counts of felony murder, attempted armed robbery, possession of a firearm in commission of a felony and possession of a firearm by a convicted felon and there was ample evidence corroborating the accomplice's testimony.