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  • Shuman v. The State

    Publication Date: 2017-10-27
    Practice Area: Civil Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Ernest Byrd Shuman, Nicholls, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Robert Ray Auman, Bradfield M. Shealy, Michelle Thomas Harrison (Southern Judicial Circuit District Attorney's Office), Thomasville, for appellee.
    Case Number: S17A1229

    The trial court properly denied defendant's motion for an out-of-time appeal from his 1990 murder convictions because he failed to allege that ineffective assistance by his plea counsel was the reason that he had not filed a timely appeal.

  • Blackmon v. The State

    Publication Date: 2017-10-25
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Genevieve Holmes (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Lenny I. Krick, Sherry Boston (DeKalb County District Attorneys Office), Decatur, for appellee.
    Case Number: S17A0993

    Defendant failed to prove his several ineffective assistance of counsel claims following his convictions for felony murder and other crimes arising out of a drug deal gone wrong.

  • Deloney v. The State

    Publication Date: 2017-10-23
    Practice Area: Civil Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Danny E. Deloney, Valdosta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Vanessa Therese Meyerhoefer (Department of Law), Atlanta; Anna Green Cross, Sherry Boston (DeKalb County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A0700

    Defendant was not entitled to an out-of-time appeal following his guilty plea to the felony murder of his 6-year-old daughter and numerous other crimes and the trial court was thus not required to hold an evidentiary hearing on his motion.

  • Houston v. The State

    Publication Date: 2017-10-04
    Practice Area: Civil Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Thomas Houston, Waycross, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Julia Anne Fessenden Slater, Matthew Jon Landreau (Chattahoochee Judicial Circuit District Attorney's), Columbus; Gary Drew Bergman, Charles Alan Spahos, Sheila Ann Ross (Prosecuting Attorney's Council of Georgia), Morrow, for appellee.
    Case Number: S17A0769

    The trial court properly denied defendant's motion for an out-of-time appeal following his convictions by guilty pleas to two murders and numerous other crimes in connection with a series of home invasions because to the extent that the issues presented on appeal could be resolved by reference to the existing record, the record refuted defendant's claims.