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  • Ware v. The State

    Publication Date: 2018-07-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Mary Katherine Durant (Durant Law LLC), Stone Mountain, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Natalie Spires Paine, John Marriott Markwalter (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.
    Case Number: S18A0028

    The evidence supported defendant's convictions for felony murder and other crimes in connection with the shooting death of his wife and the trial court did not err in failing to give a jury instruction on voluntary manslaughter, as the evidence did not support such a charge.

  • Gadson v. The State

    Publication Date: 2018-07-13
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Tyler R. Conklin (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Arthur C. Walton, Arthur C. Walton (Fulton County Courthouse), Atlanta, for appellee.
    Case Number: S18A0123

    Murder defendant failed to show harm resulting from the trial court's error in failing to give a certain jury charge and thus failed to prove plain error.

  • Carr v. The State

    Publication Date: 2018-07-12
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Amber Lee Connell (Lookout Mountain Judicial Circuit Public Defender), Ringgold; David James Dunn Jr. (Lookout Mountain Judicial Circuit Public Defender), LaFayette, for appellant.
    for defendant: Herbert E. Franklin Jr. (Lookout Mountain Judicial Circuit District Attorney's Office), LaFayette; Clayton McLean Fuller (Lookout Mountain Judicial Circuit District Attorney's Office), Ringgold, for appellee. Christopher M. Carr, Sarah Hawkins Warren, Ross Warren Bergethon, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for amicus appellee.
    Case Number: S18A0100

    The trial court erred in holding that O.C.G.A. § 17-7-130 (c) is constitutional and violated defendant's right to due process when it ordered that he be detained for inpatient evaluation solely because he had been charged with committing violent crimes and found mentally incompetent to stand trial.

  • Cope v. The State

    Publication Date: 2018-07-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Steven Lee Sparger, Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Margaret Ellen Heap, Emily Catherine Puhala (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S18A0313

    The evidence supported defendant's convictions related to the death of his brothers' roommate and the trial court did not err in admitting two statements defendant made to police after the murder.

  • Marroquin v. The State

    Publication Date: 2018-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Debra Jefferson (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Shannon Wallace (District Attorney), Canton; Zachary Smith (Cherokee County District Attorneys Office), Canton, for appellee.
    Case Number: A18A0235

    Sufficient Evidence Established That Sex Offense Was Not Result of Mistake as to Victim's Identity

  • Bryant v. The State

    Publication Date: 2018-07-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Edward Brumby (Public Defender's Office), Athens; John Donnelly (Western Circuit Public Defender's Office), Athens, for appellant.
    for defendant: James Chafin (Assistant District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A18A0330

    Defendant Claiming Ineffective Assistance of Counsel Did Not Show Prejuduce or Deficient Performance

  • Bennett v. The State

    Publication Date: 2018-07-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Kelly Williamson (Augusta Circuit Public Defender's office), Augusta; Brooke Ray (Law Office of the Public Defender, Stone Mountain Judicial Circuit), Decatur, for appellant.
    for defendant: Ashley Muller (Augusta Circuit District Attorney's Office), Augusta; Joshua Smith (District Attorney's Office Augusta Judicial Circuit), Augusta; Henry Syms (Office of the District Attorney), Augusta; Rebecca Wright (District Attorney), Augusta, for appellee.
    Case Number: A17A0181

    Incarcerated First Offender Was Subject to Mandatory DNA Testing and Records Retention

  • Ballard v. The State

    Publication Date: 2018-07-10
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Rico Ballard, Jackson, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Kevin Christopher Armstrong (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0998

    The trial court should have dismissed, rather than denied, defendant's motion and amended motion in arrest of judgment following his convictions for murder and aggravated assault, as the trial court lacked jurisdiction to decide the untimely motions.

  • Carman v. The State

    Publication Date: 2018-07-10
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Gabrielle Amber Pittman (GCD), Macon; Kimberly Ann Staten-Hayes, Christian Garfield Lamar, Christina Paige Rudy (Metro Capital Defender's Office), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Kevin Christopher Armstrong (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0586

    The trial court did not abuse its discretion in sua sponte declaring a mistrial due to defense counsel's family emergency and thus did not err in denying defendant's double jeopardy plea in bar.

  • Caldwell v. The State

    Publication Date: 2018-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Kenneth D. Kondritzer (Fulton County Solicitor General's Office), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, David K. Getachew-Smith Sr. (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0640

    The trial court did not manifestly abuse its discretion in refusing to strike three potential jurors for cause in defendant's felony murder trial arising out of the beating death of his girlfriend's 15-month-old daughter.