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  • Morris v. The State

    Publication Date: 2018-04-04
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: John Walter Kraus (Office of the Public Defender), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Vanessa Therese Meyerhoefer, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Joshua Daniel Morrison (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1402

    The trial court did not plainly err in its jury instructions in defendant's murder trial in connection with the shooting death of his roommate.

  • Harvey v. The State

    Publication Date: 2018-04-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Natalie Glaser (Attorney at Law), Dublin; Micah Gates (Georgia Public Defender Council), Dalton, for appellant.
    for defendant: Herbert Poston (District Attorney), Dalton; Jennifer Baxter (Consasauga Circuit District Attorney), Dalton, for appellee.
    Case Number: A17A1789

    Prior Acts Evidence of Numerous Residential Burglary Pleas Admissible to Show Intent and Similar Crimes

  • Jones v. The State

    Publication Date: 2018-04-04
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Nancy Miller (Attorney at Law), Columbus; Victoria Novak (Chattahoochee Judicial Circuit Public Defenders of), Columbus, for appellant.
    for defendant: Robert Bickerstaff (DA's Office-Chattahoochee Jud. Cir. Office of the District Attorney), Columbus; Jennifer Dunlap (Chattahoochee Circuit Assistant District Attorney), Julia Slater (District Attorney Chattahoochee Circuit), Columbus; Matthew Landreau (Chattahoochee Judicial District, District Attorney's Office), Columbus, for appellee.
    Case Number: A17A1204

    Police Officer Induced Minor Defendant's Incriminating Statements By Offering Lighter Punishment

  • Legree v. The State

    Publication Date: 2018-04-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Debra Jefferson (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Margaret Heap (District Attorney), Savannah; Burt Burton (Eastern Judicial Circuit District Attorney's Office), Savannah, for appellee.
    Case Number: A17A1782

    State's Failure to Show Victim and Key Eyewitness Were Unable to Testify Violated Defendant's Confrontation Right

  • Booth v. The State

    Publication Date: 2018-03-30
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Cara Clark (GPDC Appellate Division), Atlanta, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Marie Broder (Spalding County District Attorney's Office), Elizabeth Kendrick (Griffin Circuit Superior Court), Griffin, for appellee.
    Case Number: A18A0730

    Prosecution Did Not Have To Explain Delay Between Issuance of Wiretap Orders and Sealing of Wiretap Recordings

  • Escamilla v. The State

    Publication Date: 2018-03-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals, 2nd Division
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jerry Chappell (Solo practicioner), Roswell, for appellant.
    for defendant: Darius Pattillo (District Attorney), McDonough; Sharon Hopkins (Henry County District Attorney's Office), McDonough, for appellee.
    Case Number: A17A2011

    Evidence of Acts of Exploitation Supported Conviction for Exploitation of Elder Person

  • Belcher v. State

    Publication Date: 2018-03-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Jeffrey Peil (Huggins Peil LLC), Evans, for appellant.
    for defendant: Randal McGinley (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A17A1982

    The evidence supported defendant's convictions for armed robbery, kidnapping with bodily injury, hijacking a motor vehicle, possession of a firearm during the commission of a felony, financial-transaction-card fraud, battery and possession of a firearm by a convicted felon during a crime and the trial court did not reversibly err in admitting certain evidence regarding a co-defendant's father's attempt to bribe the victim.

  • Frye v. The State

    Publication Date: 2018-03-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: Anne Allen (Assistant District Attorney), Carrollton; Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.
    Case Number: A17A1554

    The trial court did not abuse its discretion in excluding certain evidence defendant sought to admit in his trial for child molestation and aggravated sexual battery of his minor granddaughter because the proposed evidence did not comport with the narrow exception to Georgias Rape Shield statute.

  • Clary v. The State

    Publication Date: 2018-03-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jeffrey Peil (Huggins Peil LLC), Evans, for appellant.
    for defendant: David White (District Attorney), Hartwell; Meghan Bowden (Northern Judicial Circuit District Attorney's Office), Elberton, for appellee.
    Case Number: A17A1593

    The evidence supported defendant's convictions for two counts of first-degree arson, concealing the death of another and three counts of theft by bringing stolen property into the State and defense counsel was not deficient in failing to object to statements the prosecutor made during closing argument, as the statements were not improper.

  • Nordahl v. The State

    Publication Date: 2018-03-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Bruce Harvey (Attorney at Law), Atlanta, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Bradley Malkin (Fulton County District Attorney's Off.), Atlanta; Marc Mallon (Senior Assistant District Attorney), Atlanta, for appellee.
    Case Number: A17A1360

    The trial court properly sentenced defendant as a recidivist under O.C.G.A. § 17-10-7 following his guilty plea to three counts of burglary, one count of criminal attempt to commit burglary and four counts of burglary in the first degree.