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  • Cross v. The State

    Publication Date: 2020-08-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Matthew P. Cavedon, H. Bradford Morris, Jr., (Northeastern Circuit Public Defender's Office), Gainesville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick, (Department of Law), Atlanta, Lee Darragh, (Hall County District Attorney's Office), Gainesville, Wanda Lynn Vance, (Northeastern Circuit District Attorney's Office), Gainesville, for appellee.
    Case Number: S20A0717

    Trial Court's Record-Reconstruction Ruling Complied With Statutory Requirements

  • Barboza v. The State

    Publication Date: 2020-08-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: David D. Marshall, (Law Office of David D. Marshall), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien, (Department of Law), Atlanta, Joyette Marie Holmes, Amelia Greeson Pray, D. Victor Reynolds, (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S20A0404

    No Error in Trial Court's Detailed Explanation to Prospective Jurors of Prosecution Witness's Plea Deal

  • Strong v. The State

    Publication Date: 2020-08-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Sydney Rene Strickland, (Strickland Webster, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Joyette Marie Holmes, Linda Jeanne Dunikoski, (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S20A0270

    Admission of Voluminous Other-Acts Evidence of Defendant's Past Violent Acts Was Prejudicial Error

  • Gardhigh v. The State

    Publication Date: 2020-07-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Jonathan Ross Hamrick, (Lookout Mountain Judicial Circuit Public Defender), Rome, for appellant.
    for defendant: Luke Anthony Martin, Leigh Ellen Patterson, (Floyd County District Attorney's Office), Rome, Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith, (Department of Law), Atlanta, for appellee.
    Case Number: S20A0227

    Trial Court Was Authorized to Deny Voluntary Manslaughter Defendant's Pretrial Motion for Immunity From Prosecution; Court Properly Found That Defendant Did Not Act in Self-Defense

  • Heard v. The State

    Publication Date: 2020-07-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Randall Paul Sharp, (Sharp Georgia Law Firm), Smyrna, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-soo Youn, (Department of Law), Atlanta, Elizabeth A. Baker, (Fayette County District Attorney's Office), Fayetteville, Tracy Graham Lawson, (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S20A0064

    Other-Acts Evidence of Later Crimes Was Admitted in Error, Prejudicing Defendant

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  • Shealey v. The State

    Publication Date: 2020-06-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Jackie Glenn Patterson, (Patterson Firm, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick, (Department of Law), Atlanta, John H. Cranford, Jr., John Clinton Winne, (Coweta Judicial Circuit District Attorney's Office), LaGrange, for appellee.
    Case Number: S20A0185

    Trial Court Did Not Abuse its Discretion by Excluding From Evidence Statements That Co-Indictee Made During His Guilty Plea Hearing

  • Hampton v. The State

    Publication Date: 2020-06-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: David T. Lock, (David T. Lock, LLC), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Leslie Anna Coots, (Department of Law), Atlanta, Matthew Breedon, Margaret Ellen Heap, (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S20A0482

    Trial Court Properly Admitted Hearsay Testimony of Jailhouse Informant and Was Correct in Excluding the Testimony of Defendant's Proposed Alibi Witness

  • Mahaffey v. The State

    Publication Date: 2020-06-19
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Mitchell D. Durham, Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Katherine DeRosa Emerson, Christopher M. Carr, (Department of Law), Atlanta, Joyette Marie Holmes, John Richard Edwards, (Cobb County District Attorney’s Office), Marietta, for appellee.
    Case Number: S20A0118

    Defendant Had No Right To Be Advised He Would Not Be Able to Withdraw Plea After Sentencin

  • Barrow v. Raffensperger

    Publication Date: 2020-06-15
    Practice Area: Court Administration | Government
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Wade H. Tomlinson, III, Charles W. Byrd, George "Buddy" Darden, Michael Jonathan Moore, Michael P Morrill, Elizabeth Studdard White, (Pope, McGlamry, Kilpatrick, Morrison & Norwood), Atlanta, S. Lester Tate, III, (Akin & Tate, PC), Cartersville, for appellant.
    for defendant: Elizabeth T. Young, Russell David Willard, Andrew Alan Pinson, Christopher M. Carr, Bryan Keith Webb, Elizabeth Ann Penland, (Department of Law), Atlanta, for appellee. Joyce Gist Lewis, Adam Martin Sparks, (Krevolin Horst, LLC), Atlanta, Monica Joy Hanrahan, (Hanrahan Freitag Family Law, LLC), Atlanta, for Amicus Appellant.
    Case Number: S20A1029

    Secretary of State Could Not be Compelled to Hold Election in May For Position of Supreme Court Justice Whose Prospective Resignation In November Was Irrevocable

  • Carter v. The State

    Publication Date: 2020-06-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Eric C. Crawford, (Crawford & Boyle, LLC), Monroe, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Alex Martin Bernick, (Department of Law), Atlanta, Joshua Bradley Smith, Natalie Spires Paine, (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.
    Case Number: S20A0022

    There Is No Reversible Error in Trial Court's Admission Into Evidence Certain Hearsay Statements; Malice Murder Conviction Affirmed