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  • Rutherford v. The State

    Publication Date: 2024-04-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: William Hewitt, (Appellate Attorney GPDC), Savannah, for appellant.
    for defendant: John Fitzner, (Middle Judicial Circuit), Atlanta, Jessica Wilson, (District Attorney’s Office, Middle Judicial Circuit), Lyons, for appellee.
    Case Number: A23A1516

    Court affirms multiple convictions against defendant for assault and rape against his estranged wife, citing substantial evidence and rejecting claims of error and ineffective counsel

  • State v. De La Paz

    Publication Date: 2024-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Carlton Hayes, David McElyea, (Cherokee County Solicitor-General’s Office), Canton, for appellant.
    for defendant: Jeffery Dickerson, (Attorney at Law), Kennesaw, for appellee.
    Case Number: A23A1769

    Court affirms suppression of drug test results because an underlying warrant was specifically limited to alcohol testing with no mention of testing for drugs

  • Lovell v. The State

    Publication Date: 2024-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Kevin Gough, (Attorney at Law), Brunswick, for appellant.
    for defendant: Charles Higgins, (District Attorney’s Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney’s Office, Brunswick Judicial Circuit), Kingsland, for appellee.
    Case Number: A23A1484

    Court affirms denial of defendant's request to present additional mitigating evidence on resentencing for obscene Internet contact with a child and related crimes

  • Coverstone v. The State

    Publication Date: 2024-04-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Wallace Rogers, (Burns Law Group PC), Canton, for appellant.
    for defendant: Susan Treadaway, (Chief Assistant District Attorney), Marietta, Cliff Head, Damion Overstreet, (Assistant District Attorney Blue Ridge Judicial Circuit), Canton, for appellee.
    Case Number: A23A1619

    Court affirms denial of suppression of evidence seized during a warrantless vehicle search, finding probable cause based on the totality of circumstances amid legal CBD possession

  • Brantley v. The State

    Publication Date: 2024-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Calvin McMullen, (McMullen and Associates), Milledgeville, for appellant.
    for defendant: Tammy Coffey, (District Attorney’s Office Baldwin County), Milledgeville, Tuttle Barksdale, (Ocmulgee Circuit District Attorneys Office), Eatonton, Faith Worley, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A24A0036

    Court affirms child molestation convictions over defendant's multiple challenges regarding sufficiency and admission of evidence and jury charge errors

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  • The State v. Gunsby

    Publication Date: 2024-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Sherry Boston, Thomas Williams, Joanna Helsby, (DeKalb County District Attorney’s Office), Decatur, for appellant.
    for defendant: Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, Jason McLendon, (McLendon Law Firm), Atlanta, for appellee.
    Case Number: A23A1444

    Court affirms orders suppressing evidence improperly obtained by police misrepresentations in an affidavit for a warrant, and denying defendant's motion to dismiss certain charges

  • Murphy v. The State

    Publication Date: 2024-04-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Sara Becker, (Sara Stewart Law Group), Atlanta, for appellant.
    for defendant: Elizabeth Racine, (Douglas County District Attorney), Douglasville, Aimee Sobhani, (DeKalb County Government-Law Department), Decatur, for appellee.
    Case Number: A23A1395

    Court affirms in part and vacates in part a trial court order revoking defendant's probation, and remands for evaluation of revocation based solely on proven violations

  • Whitfield v. The State

    Publication Date: 2024-04-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: David West, (David West & Associates), Marietta, for appellant.
    for defendant: Sherry Boston, Deborah Wellborn, (Dekalb County District Attorney), Decatur, for appellee.
    Case Number: A23A1621

    Court affirms convictions for sexual misconduct against a grandfather over his contentions of insufficient evidence and ineffective assistance of trial counsel

  • Baker v. The State

    Publication Date: 2024-04-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Donald Franklin Samuel, (Garland, Samuel & Loeb, P.C.), Atlanta, James Travis Griffin, (Hogue Hogue Fitzgerald & Griffin, LLP), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Clint Christopher Malcolm, Ashleigh Dene Headrick, (Department of Law), Atlanta, George Herbert Hartwig, Rodrigo L. Silva, William Marshall Kendall, (Houston County District Attorney's Office), Perry, for appellee.
    Case Number: S23A0860

    Court reverses malice murder conviction due to admission into evidence of a rap music video showing the defendant with a gun, which the court deemed to be more prejudicial than probative

  • Madera v. The State

    Publication Date: 2024-04-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: David Russell Willingham, (Willingham Law Firm, P.C.), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Clint Christopher Malcolm, Meghan Hobbs Hill, (Department of Law), Atlanta, Linda Jeanne Dunikoski, Leslie Anna Coots, (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S24A0148

    Court affirms malice murder conviction over defendant's claims of trial court evidentiary errors and ineffective assistance of trial counsel