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  • Welbon v. The State

    Publication Date: 2018-12-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Anna Joseph Kurien, (Office of The Public Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Vanessa Therese Sassano, (Department of Law), Atlanta, Paul L. Howard, Jr., Lyndsey Hurst Rudder, F. McDonald Wakeford, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A1143

    No ineffective assistance of counsel where counsel's failure to move to strike a juror did not alter the final number of qualified jurors.

  • Mizell v. The State

    Publication Date: 2018-12-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Ryan Christopher Locke, (Locke Law Firm LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Matthew Min-soo Youn, Christopher M. Carr, (Department of Law), Atlanta, Paul L. Howard, Jr., Lyndsey Hurst Rudder, F. McDonald Wakeford, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A1029

    Magistrate had a substantial basis for a search warrant, and the trial court properly denied a motion to suppress evidence found pursuant to that warrant.

  • Walker v. The State

    Publication Date: 2018-12-14
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: James Mitchell, (Attorney at Law), Augusta, for appellant.
    for defendant: Joshua Smith, Henry Syms, (District Attorney's office), Augusta, for appellee.
    Case Number: A18A1439

    Felony conviction affirmed in spite of perjured testimony from victim and error in jury instruction.

  • Harris v. The State

    Publication Date: 2018-12-12
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Steven Lee Sparger, Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Margaret Ellen Heap, Christine Sieger Barker, (Office of The District Attorney Eastern Judicial Circuit)), Savannah, for appellee.
    Case Number: s18a1305

    Court Affirms Conviction of Murderer Who Claimed Surviving Witness Was Insufficiently Challenged by Trial Counsel

  • Clark v. The State

    Publication Date: 2018-11-21
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: John Culp, (Waycross Circuit Defender), Waycross, for appellant.
    for defendant: George Barnhill, Alexander Markowich, (Chief Assistant District Attorney), Waycross, for appellee.
    Case Number: A18A1247

    Court affirms aggravated assault and other charges, finding no trial court error or ineffective assistance of counsel.

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  • Darrell T. Price v. Gregory C. Dozier, Commissioner

    Publication Date: 2018-11-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: Darrell Price, (Coffee Correctional Facility), Nicholls, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Meghan Davidson, (Nall & Miller, LLP), Atlanta, for appellee.
    Case Number: A18A1722

    No appellate court jurisdiction in a criminal appeal if a notice of appeal is not timely filed.

  • Diaz v. The State

    Publication Date: 2018-11-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Ashleigh Merchant, (The Merchant Law Firm, PC), Marietta, for appellant.
    for defendant: Brian Fortner, Ryan Leonard, Samantha Newman, Joseph Cusack, (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A18A1394

    No trial court error in exclusion of testimony when other evidence was sufficient to show guilt.

  • Houseworth v. The State

    Publication Date: 2018-11-15
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Steven Sadow, (Attorney at Law), Atlanta, Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Sherry Boston, Gerald Mason, Buffy Thomas, (Dekalb County District Attorney), Decatur, for appellee.
    Case Number: A18A1105

    Introduction of evidence of subsequent acts that occurred 13 months after initial criminal conduct was improper and required reversal of convictions

  • McGee v. The State

    Publication Date: 2018-11-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Jeffrey Vincent McGee, Buford, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Jeffery Wayne Hunt, John H. Cranford, Jr., (Coweta Judicial Circuit District Attorney's Office), Carrollton, Peter J. Skandalakis, (Prosecuting Attorneys Council of Georgia), Morrow, for appellee.
    Case Number: S18A0670

    Defendant failed to show how ineffective assistance of counsel was prejudicial

  • Abebe v. The State

    Publication Date: 2018-11-09
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Stephen Michael Reba, (The Law Office of Stephen M. Reba, LLC), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Anna Green Cross, (The Summerville Firm), Atlanta, Sherry Boston, Deborah D. Wellborn, (DeKalb County District Attorney's Office), Decatur, Larry Jerome Steele, Lawrenceville, for appellee.
    Case Number: S18A0894

    Court Affirms Denial of Habeas Petition to Challenge DUI Conviction on Basis That Sentence Had Been Served and Petitioner Failed to Show Ongoing Adverse Consequences