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  • Schmeelk v. The State

    Publication Date: 2021-03-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Debra Jefferson, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Rebecca Drube, (Weissman Nowack Curry & Wilco PC), Atlanta, Sean Keenan, Sunshine Nasworthy, (Cruser Mitchell Novitz Sanchez Gaston & Zimet LLP), Norcross, for appellee.
    Case Number: A20A2018

    Court vacates denial of new trial motion and remands case for trial court's exercise of discretion as a thirteenth juror over a conviction for family-violence aggravated assault

  • Martin v. The State

    Publication Date: 2021-02-26
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Howard Anderson, (Law Office of Howard W. Anderson, III, LLC), Pendleton, for appellant.
    for defendant: William Doupe, Steven Normandia, (District Attorney's Office for the Toombs Judicial Circuit), Thomson, for appellee.
    Case Number: A20A2008

    Criminal Appeal Filed Before Judgment Was Final Had to be Dismissed

  • 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

  • Cooper v. The State

    Publication Date: 2021-02-18
    Practice Area: Civil Appeals | Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Garth Cooper, Decatur, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, (Attorney General), Atlanta, Emily Richardson, Donna Stribling, William Kemp, (DeKalb County Solicitor-General's Office), Decatur, Paula Smith, (Assistant Attorney General), Atlanta, for appellee.
    Case Number: A20A1946

    Pro Se Appellant's Brief Lacked Appropriate Citations to Record And Legal Authorities, Warranting Affirmance of Judgment

  • Jacobo v. The State

    Publication Date: 2021-02-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Daniel Morgan, (Attorney at Law), Rome, for appellant.
    for defendant: John McClellan, Leigh Patterson, (Assistant District Attorney), Rome, for appellee.
    Case Number: A20A2083

    Court affirms dismissal of defendant's extraordinary motion to withdraw a guilty plea where the trial court had no jurisdiction to consider that motion.

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  • Boone v. The State

    Publication Date: 2021-01-13
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Odeirrek D. Boone, Alamo, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Meghan Hobbs Hill, Christopher M. Carr, (Department of Law), Atlanta, Paul L. Howard, Jr., Lyndsey Hurst Rudder, Richard Benjamin Caplan, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S21A0171

    Trial Court Erred in Denying Evidentiary Hearing After Defendant Claimed Trial Counsel Never Informed Him of His Right to Appeal

  • Flanders v. The State

    Publication Date: 2021-01-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: S20G0464

    Court vacates denial a defendant's motion to withdraw a guilty plea and remands case for consideration of her Brady claims that were filed in an amended motion

  • Davis v. The State

    Publication Date: 2021-01-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Detrik Lamon Davis, Nicholls, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, William Patrick Doupé, Dennis C. Sanders, Steven Tyler Normandia, (Toombs Judicial Circuit District Attorney's Office), Thomson, for appellee.
    Case Number: S20A1318

    Court affirms denial of a motion for an out-of-time appeal when the defendant's actions in accepting a negotiated guilty plea showed no desire to appeal

  • Clark v. The State

    Publication Date: 2020-12-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Eddie Clark, Trion, for appellant.
    for defendant: Oliver Jackson Browning, Jr., (Tallapoosa Judicial Circuit District Attorney's Office), Cedartown, Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton, (Department of Law), Atlanta, for appellee.
    Case Number: S20A1151

    Court vacates trial court's dismissal of murder defendant's motion for an out-of-time and remands case for an evidentiary hearing

  • Bonner v. The State

    Publication Date: 2020-12-17
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Veronica Evette Brinson, (Attorney at Law), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Leslie Anna Coots, (Department of Law), Atlanta, Joshua Bradley Smith, Henry Wayne Syms, Jr., (Augusta Judicial Circuit District Attorney's Office), Valdosta, for appellee.
    Case Number: S20A1146

    Trial Court Lacked Jurisdiction to Deny on Merits Untimely Filed Motion to Withdraw Guilty Plea