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  • Simpkins v. The State

    Publication Date: 2018-06-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Andrew Santos Fleischman (Ross & Pines LLC), Atlanta, for appellant.
    for defendant: Samuel H. Altman, Kelly Anne Jenkins (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: S18A0063

    Defendant's trial counsel was not ineffective in failing to object to evidence of a non-testifying co-defendant's statements as those statements did not violate the Confrontation Clause under Bruton because, standing alone, the statements did not inculpate defendant; rather, they became incriminating only when linked to other evidence introduced later at trial.

  • McCoy v. The State

    Publication Date: 2018-05-31
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Joe M. Harris Jr. (Attorney at Law), Jonesboro, for appellant.
    for defendant: John Andrew Pipkin III, Caitlin McGillicuddy, Meredith Chafin Florio (Henry County Solicitor General's Office), McDonough, for appellee.
    Case Number: S17G1530

    Courts Reviewing Roadblock Stops Must Consider Whether Screening Officers Had Reasonable Suspicion to Defer For Further Detention and Field Tests

  • Ricks v. The State

    Publication Date: 2018-05-31
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Ashleigh Ricks, Hawkinsville, for appellant.
    for defendant: Stephen Andrew Bradley (Ocmulgee Judicial Circuit District Attorney's Office), Milledgeville; Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton (Department of Law), Atlanta, for appellee.
    Case Number: S18A0012

    Trial Court Lacked Jurisdiction to Rule On Motion for Out-Of-Time Appeal

  • Putnal v. The State

    Publication Date: 2018-05-31
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Gerald P. Word, Crystal Harmon Bice (Georgia Capitol Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Oliver Jackson Browning Jr., Jordan Leigh Stover (Tallapoosa Judicial Circuit District Attorney's Office), Cedartown, for appellee.
    Case Number: S18A0018

    The trial court erred in denying defendant's motion to proceed ex parte and under seal with regard to his requests for defense-retained mental health experts to gain access to him in the detention center where he was incarcerated.

  • Holt v. Ebinger

    Publication Date: 2018-05-30
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, Christopher M. Carr (Department of Law), Atlanta, for appellant.
    for defendant: William Randall Bassett Jr., Philip Robbins Green (King & Spalding LLP), Atlanta, for appellee. Paige Reese Whitaker (Fulton County District Attorney's Office), Atlanta, for other party.
    Case Number: S18A0052

    The habeas court erred in granting habeas relief to petitioner because his failure to complete the record with relevant evidence from the trial proceedings was fatal to all of the claims for which he was granted relief.

  • Flowers v. The State

    Publication Date: 2018-05-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Jessica Ruth Towne (Jessica R. Towne P.C.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Meghan Hobbs Hill, Christopher M. Carr (Department of Law), Atlanta; Daniel J. Porter, Lee Franklin Tittsworth, Robert David Wolf (Gwinnett County Office of the District Attorney), Lawrenceville, for appellee.
    Case Number: S18A0241

    The evidence supported defendant's convictions for murder and armed robbery after he robbed and shot a drug dealer.

  • In The Interest Of K.S., A Child.

    Publication Date: 2018-05-30
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: James John Anagnostakis (Anagnostakis Law Group), Douglasville, for appellant.
    for defendant: Kristi Lee Winstead Wilson, Brian Keith Fortner, Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S17G1344

    Decisions Regarding Transfer of Juveniles to Superior Court Are Directly Appealable to Court of Appeals

  • Dorsey v. The State

    Publication Date: 2018-05-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Robert Gerald O'Melveny (Chattahoochee Jucicial Circuit Public Defenders), Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-soo Youn (Department of Law), Atlanta; Julia Anne Fessenden Slater, Christopher D'Oyen Williams (Chattahoochee Judicial Circuit District Attorney's Office), Columbus, for appellee.
    Case Number: S18A0121

    The evidence supported defendant's convictions for malice murder and possession of a firearm during the commission of a felony, as the jury was authorized to reject defendant's claim that he was provoked into shooting the victim or that he acted in self-defense.

  • Blount v. The State

    Publication Date: 2018-05-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: William Alexander McQueen (McQueen Law Office LC), Athens, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Jon Richard Forwood, Kenneth W. Mauldin, Brian Vance Patterson (Western Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: S18A0201

    The evidence supported defendant's convictions for murder and related offenses arising out of a drive-by shooting and defendant failed to demonstrate that he received ineffective assistance of counsel.

  • Caffee v. The State

    Publication Date: 2018-05-29
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Gregory A. Hicks (Law Offices of Gregory A. Hicks), Woodstock, for appellant.
    for defendant: David Martin McElyea, Jessica K. Moss, Carlton Todd Hayes (Cherokee County Solicitor General's Office), Canton, for appellee.
    Case Number: S17G1691

    Probable Cause Will Not Justify Warrantless Search Absent Exception to Warrant Requirement