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  • Mitchell v. The State

    Publication Date: 2018-07-09
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Lynn M. Kleinrock (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta; Lenny I. Krick, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S18A0779

    The trial court did not improperly comment on the evidence when it instructed the jury venire.

  • Taylor v. The State

    Publication Date: 2018-07-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Angela Z Brown (The Moore Brown Law Group P.C.), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Brian Keith Fortner, Ryan Reese Leonard, Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S18A0619

    The evidence supported defendant's convictions arising out of the shooting death of a drug dealer during a planned robbery but the Court partially vacated his sentence due to a merger error.

  • Huff v. The State

    Publication Date: 2018-07-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Philip Clark (Western Judicial Circuit Public Defender), Athens, for appellant.
    for defendant: Jeffrey Kwiatkowski (Office of the District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A18A0073

    The trial court erred in denying defendant's motion to suppress evidence of a handgun that was found in a backpack after he was arrested because State failed to meet its burden to prove that the warrantless search of defendant's backpack was lawful.

  • Rickman v. The State

    Publication Date: 2018-07-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Jason Allan Fisher (Georgia Public Defender Council), Rome, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Leigh Ellen Patterson, Kayleigh Ann Carter (Floyd County District Attorney's Office), Rome, for appellee.
    Case Number: S18A0841

    The trial court did not abuse its discretion in admitting into evidence at defendant's murder trial photographs showing a re-creation of the crime scene with police officers posing at the shooter and the victim.

  • Williams v. The State

    Publication Date: 2018-07-05
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Bernard Brody (Brody Law Firm), Atlanta, for appellant.
    for defendant: Cliff Head (Assistant District Attorney), Canton; Shannon Wallace (District Attorney), Canton; Zachary Smith (Cherokee County District Attorneys Office), Canton, for appellee.
    Case Number: A18A0279

    Prosecution Was Required to Prove Child's Lack of Consent to Establish Aggravated Sexual Battery

  • Nalls v. The State

    Publication Date: 2018-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Steven Eric Phillips (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Arthur C. Walton (Fulton County Courthouse), Atlanta, for appellee.
    Case Number: S18A0147

    The Supreme Court overruled prior precedent that supported defendant's contention that murder and hindering are always mutually exclusive and affirmed his convictions on those and other counts, as well as his co-defendant's convictions.

  • Garner v. The State

    Publication Date: 2018-07-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Michael Wayne Tarleton, Jackie Lynn Tyo (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Haase Brock (Department of Law), Atlanta; Leigh Ellen Patterson, Luke Anthony Martin (Floyd County District Attorney's Office), Rome, for appellee.
    Case Number: S18A0799

    The trial court did not err in refusing to charge the jury on self-defense in defendant's trial for murder and other charges because there was not even slight evidence to support such an instruction.

  • Terrell v. The State

    Publication Date: 2018-07-02
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Clifford Louis Kurlander (Georgia Public Defender Council - Appellate Division), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Vanessa Therese Meyerhoefer (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Arthur C. Walton (Fulton County Courthouse), Atlanta, for appellee.
    Case Number: S18A0478

    The Court affirmed defendant's convictions for murder and related crimes as the trial court did not deprive defendant of his right to testify on his own behalf when it informed him that he had to testify immediately or waive the right altogether.

  • Propes v. The State

    Publication Date: 2018-06-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Debra Jefferson (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Daniel Porter (District Attorney), Lawrenceville; Ramona Sakhanokho (Assistant District Attorney), Lawrenceville, for appellee.
    Case Number: A18A0549

    The Court reversed defendant's conviction for violating O.C.G.A. § 16 5 60 (c), which prohibits certain conduct by HIV-infected persons, holding that State failed to show that defendant was determined to be infected with HIV by an HIV test approved for such purposes by the regulations of the Department of Community Health as required under § 16-5-60.

  • The State v. Morgan

    Publication Date: 2018-06-29
    Practice Area: Criminal Law | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge PHIPPS
    Attorneys: For plaintiff: Leigh Patterson (District Attorney), Rome; Anthony Williams (Assistant District Attorney), Dallas; Emily Harsen (Paulding County District Attorney's Office), Dallas, for appellant.
    for defendant: Robert Rutledge (Robert Christian Rutledge PC), Rome, for appellee.
    Case Number: A18A0433

    Defendant Not Justified In Using Violent Force Against Spouse In Response To Her Threat to Put His Dog Outside Their House