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  • Williams v. The State

    Publication Date: 2018-06-15
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Angela Brown (Moore Brown Law Group, PC.), Atlanta; Roberto Hoover (Conflict Defender's Office), Americus, for appellant.
    for defendant: Bradford Rigby (District Attorney's Office of the Cordele Judicial), Cordele; Whitney Bradford (Cordele Judicial Circuit District Attorney's Office), Cordele, for appellee.
    Case Number: A18A0206

    Defendant's Appeal Presented First Opportunity For Defendant to Raise Ineffective Assistance of Counsel Claim

  • Slaughter v. The State

    Publication Date: 2018-06-15
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Jerome Slaughter, Oglethorpe, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Marc Mallon (Senior Assistant District Attorney), Atlanta, for appellee.
    Case Number: A18A0163

    Any Conflicting Evidence As To Venue Was Resolved by Jury

  • Price v. The State

    Publication Date: 2018-06-14
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jody Peterman (Attorney at Law), Valdosta, for appellant.
    for defendant: Tami Peavy-Owen (Southwestern Judicial Circuit District Attorney's Office), Americus; Plez Hardin (District Attorney Southwestern Circuit), Americus; Lewis Lamb (Southwestern Circuit D.A.'S Office), Americus, for appellee.
    Case Number: A18A0631

    The Court vacated defendant's conviction for child molestation following a bench trial because the record did not adequately demonstrate whether defendant's waiver of his right to a jury trial was knowing and voluntary.

  • Durham v. The State

    Publication Date: 2018-06-13
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Debra Jefferson (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Layla Zon (District Attorney), Covington; Randal McGinley (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A18A0098

    The Court vacated defendant's convictions for rape and child molestation and remanded the case for the trial court to enter a written order including findings of fact and conclusions of law as to defendant's claimed speedy-trial violation.

  • In The Interest Of C. W., a child.

    Publication Date: 2018-06-13
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Margaret Heap (District Attorney), Savannah; Kimberly Rowden (Assistant District Attorney Juvenile Court Of Chatham County), Savannah, for appellant.
    for defendant: Yolanda Bacharach (Georgia Public Defender Council), Savannah, for appellee.
    Case Number: A18A0364

    Juvenile Delinquency Petition Was Subject to Dismissal For Failure to Name Victim

  • The State v. Dykes

    Publication Date: 2018-06-12
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Teri Walker (Fulton County District Attorney's Office), Atlanta; Paul Howard (District Attorney), Atlanta, for appellant.
    for defendant: Sarina Woods (Atlanta Circuit Public Defender's Office), Atlanta, for appellee.
    Case Number: A18A0613

    The Court affirmed the grant of defendant's motion to suppress evidence obtained during a traffic stop because, viewed in the light most favorable to the trial court's ruling, there was no evidence that defendant committed a traffic violation and the officer thus lacked reasonable suspicion to stop defendant.

  • Thomas v. The State

    Publication Date: 2018-06-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Tyler R. Conklin (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Samuel H. Altman, John Alexander Fitzner III (Middle Judicial Circuit District Attorney's Office), Swainsboro; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta, for appellee.
    Case Number: S18A0003

    Defendant failed to prove his ineffective assistance of counsel claim as he failed to show a reasonable probability that the outcome of his trial would have been different absent trial counsel's alleged deficiency.

  • Manning v. The State

    Publication Date: 2018-06-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: David D. Marshall (Law Office of David D. Marshall), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Anna Green Cross, Lenny I. Krick, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S18A0369

    The jury was authorized to reject defendant's self-defense and justification defense and to find him guilty of felony murder and other offenses beyond a reasonable doubt.

  • Puckett v. The State

    Publication Date: 2018-06-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Penny Alane Penn, Sandra Ann Partridge (Forsyth County District Attorney's Office), Cumming; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Sharon Lee Hopkins (Flint Circuit District Attorney's Office), McDonough, for appellee.
    Case Number: S18A0203

    The evidence supported defendant's convictions for malice murder, felony murder and family violence aggravated assault in connection with the shooting death of his father in front of his young son.

  • The State v. Davis

    Publication Date: 2018-06-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Margaret Ellen Heap, Christine Sieger Barker (Office of the District Attorney Eastern Judicial), Savannah, for appellant.
    for defendant: Amy Lee Ihrig, Robert Lawrence Persse (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellee. Scott L. Ballard, Benjamin David Coker (Griffin Judicial Circuit District Attorney's Office), Fayetteville; Robert Wright Smith Jr. (Prosecuting Attorneys' Council of Georgia), Morrow, for amicus appellant. James C. Bonner Jr., Brandon Alexander Bullard (Georgia Public Defender Council), Atlanta; Elizabeth Ann Brandenburg (Law Firm of Shein & Brandenburg), Decatur; Robert G. Rubin (Peters, Rubin & Sheffield, PA), Atlanta, for amicus appellee.
    Case Number: S17G1333

    The trial court erred in denying defendant's motion for a general demurrer after State charged him with failing to register as a sex offender in violation of O.C.G.A. § 42-1-12, because the Georgia Board of Pardons and Paroles' pardon of defendant's aggravated sodomy conviction obviated his duty to register.