Filter This View

  • Williams v. The State

    Publication Date: 2018-05-10
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Chaunda Brock (Brock Law LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Marc A. Mallon (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0001

    The trial court did not abuse its discretion in denying defendants motion to obtain funds for an expert witness in his murder trial arising from the death of his girlfriends 4-year-old son, as defendant did not provide sufficient information to allow the trial court to make an informed decision about his need for assistance.

  • Jackson v. The State

    Publication Date: 2018-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Arthur C. Walton (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0127

    Participant in Shooting Incident Was Subject to Prosecution for Murder Resulting From Another Participant's Gunfire

  • Hendrix v. The State

    Publication Date: 2018-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Vanessa Therese Meyerhoefer (Department of Law), Atlanta; Margaret Ellen Heap, Isabel M. Pauley (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S18A0382

    Statement Previously Made to Police by Reluctant Witness Was Admissible Under Exception to Hearsay Rule

  • Gibbs v. The State

    Publication Date: 2018-05-09
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Forrest K. Shealy, Marietta, for appellant.
    for defendant: Michael Scott Carlson, Amelia Greeson Pray, D. Victor Reynolds, Jaret Teague Usher (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17G1343

    The Court of Appeals properly affirmed the trial courts denial of defendant's motion for new trial based on ineffective assistance of counsel, as he could not show a reasonable probability that the outcome of the trial would have been different absent trial counsel's alleged deficiencies, in light of the strong evidence of his guilt.

  • Jones v. The State

    Publication Date: 2018-05-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Louis M. Turchiarelli, Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; John Richard Edwards, D. Victor Reynolds (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S18A0263

    Evidence That Defendant Chambered Shotgun Shell and Then Pulled Trigger Supported Finding of Malice

  • Lynn v. The State

    Publication Date: 2018-05-07
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Donald Samuel (Garland Samuel & Loeb PC), Atlanta, for appellant.
    for defendant: Michael Mahoney (Office of the District Attorney, Bell-Forsyth Judicial Circuit), Cumming, for appellee.
    Case Number: A17A2117

    The trial court reversibly erred in excluding certain testimony as hearsay, because the evidence was not hearsay, as it was not offered to prove the truth of the matter asserted but rather to show its effect on defendant's state of mind and its impact on his later actions; the evidence was relevant; and it was not cumulative of other admitted evidence.

  • Canelas v. The State

    Publication Date: 2018-05-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Eric Crawford (Crawford and Boyle LLC), Monroe, for appellant.
    for defendant: Rosanna Szabo (Solicitor-General), Lawrenceville; Samuel D'Entremont (Gwinnett County Solicitor-General's Office), Lawrenceville; Nicole Wong (Gwinnett County Solicitor's Office), Lawrenceville, for appellee.
    Case Number: A18A0764

    The Court affirmed defendant's convictions for DUI-less safe and DUI per se following a single-vehicle motorcycle crash but reversed his conviction for driving without a valid license, as the evidence did not support that conviction.

  • Mobley v. The State

    Publication Date: 2018-05-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Amy Ihrig (Public Defenders Office, EJC), Savannah, for appellant.
    for defendant: Margaret Heap (District Attorney), Savannah; Anna Guardino (The District Attorney's Office The Eastern Judicial Circuit), Savannah; Emily Puhala (Assistant District Attorney Chatham County), Savannah; Greg McConnell (Assistant District Attorney), Savannah, for appellee.
    Case Number: A18A0695

    Defendant Who Fired Gun at Different Police Officers at Separate Points in Time Committed Separate Offenses

  • Gonzales v. The State

    Publication Date: 2018-05-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Brian Steel (The Steel Law Firm PC), Atlanta, for appellant.
    for defendant: Sherry Boston (DeKalb County District Attorney), Decatur; Gerald Mason (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: A17A1857

    Defense Counsel Was Constitutionally Ineffective For Failing to Ask Child Victim's Mother Her Opinion About Child's Truthfulness

  • Hernandez-Ramirez v. The State

    Publication Date: 2018-05-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Walker (GPDSC Athens Regional Conflict Defender Office), Athens, for appellant.
    for defendant: David White (District Attorney), Hartwell; Meghan Bowden (Northern Judicial Circuit District Attorney's Office), Elberton, for appellee.
    Case Number: A18A0037

    Pro Se Motion to Withdraw Plea Was Nullity Where Defendant Was Represented By Counsel When He Filed His Motion