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  • Eller et al. v. The State

    Publication Date: 2018-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Matthew K. Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Aimee F. Sobhani, Christopher M. Carr (Department of Law), Atlanta; Rosemary M. Greene, Sharon Moyer Fox, Paula Khristian Smith, Elizabeth Marian York (Cherokee Judicial Circuit District Attorney's Office), Calhoun, for appellee.
    Case Number: S17A1549

    The evidence sufficiently supported a brother and sister's convictions for killing the sister's boyfriend and leaving his body in the back of his abandoned truck and although the trial court erred in allowing the alternate jurors to retire with the other jurors during deliberations, defendants failed to show that the error harmed them.

  • Douglas v. The State

    Publication Date: 2018-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Leon Hicks (Leon Hicks and Associates, P.C.), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Elizabeth A. Baker, Jay Marvin Jackson, Tracy Graham Lawson (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A1348

    Although the trial court properly denied defendant's motion to suppress certain evidence and did not reversibly err in admitting other evidence, the trial court did err in the sentences it imposed on defendant's convictions for malice murder and other offenses; accordingly, the Court affirmed the convictions but partially vacated the sentence and remanded for resentencing.

  • Perez v. The State

    Publication Date: 2018-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Amy Lee Ihrig (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Matthew Breedon (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S17A1370

    The evidence supported defendant's convictions for malice murder and other crimes after he fatally shot his wife's lover and the trial court did not reversibly err in admitting a hearsay statement from the deceased victim, in light of the overwhelming evidence of defendant's guilt.

  • Byron v. The State

    Publication Date: 2018-04-05
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Michael Walter Gowen (Tifton Judicial Circuit Public Defender's Office), Tifton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Clifford Paul Bowden, Robert Alan Rogers, Jennifer Dawn Hart (Tifton Judicial Circuit District Attorney's Office), Tifton; Kevin Eugene Hutto (Office of the District Attorney), Tifton, for appellee.
    Case Number: S17A1555

    The evidence supported defendant's convictions for malice murder and other crimes arising from an argument in the parking lot of a club and defendant failed to prove his ineffective assistance of counsel claims.

  • Tanner v. The State

    Publication Date: 2018-04-04
    Practice Area: Criminal Law | Evidence | Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Teddy Lee Henley (Rome Circuit Public Defender's Office), Rome, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Herbert McIntosh Poston Jr. (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: S17A1417

    The evidence supported defendant's convictions for malice murder and other crimes and he failed to show any actual conflict of interest that adversely affected his lawyers performance in support of his argument that he was denied his Sixth Amendment right to conflict-free counsel at trial.

  • 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