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  • Graves v. The State

    Publication Date: 2018-04-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Long Dai Vo, Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Anna Green Cross, Sherry Boston, Gerald Mason, (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S17A1709

    Any error in the trial court's decision to exclude alibi testimony based on the defense's failure to give notice under O.C.G.A. §17-16-5 (a) was harmless in light of the overwhelming evidence of guilt in defendant's trial for murder and related crimes.

  • The State v. Hudson

    Publication Date: 2018-04-25
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Paul L. Howard Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellant.
    for defendant: Brandon Alexander Bullard (Georgia Public Defender Council), Atlanta, for appellee. Randee J. Waldman (The Barton Juvenile Defender Clinic), Atlanta, for amicus appellee.
    Case Number: S17G0739

    The trial court erred in reducing juvenile defendant's sentence for armed robbery because the discretion given to sentencing courts by O.C.G.A. § 49-4A-9 (e) is limited by the mandatory minimum sentence requirements of O.C.G.A. § 17-10-6.1; accordingly, the Supreme Court reversed the Court of Appeals judgment to the extent it affirmed that reduced sentence.

  • The State v. Arline

    Publication Date: 2018-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Melinda Wynne (District Attorney's Office, Dougherty Judicial Cir), Albany; Gregory Edwards (District Attorney), Albany; Harold Moroz, St. Marys, for appellant.
    for defendant: Megan Lane (Attorney at Law), Donalsonville, for appellee.
    Case Number: A17A1773

    Trial Court Had Authority to Grant New Trial Based on New Evidence Heard by Court But Not Heard by Jury

  • Thompson v. The State

    Publication Date: 2018-04-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Alixe Steinmetz, Raleigh; Eric Taylor (Attorney at Law), Atlanta, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Jeremy Hayes (Boling Rice LLC), Cumming; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.
    Case Number: A17A1628

    Trial Court's Ruling Lacked Findings Necessary For Review of Ineffectiveness of Counsel Claim

  • Reid v. The State

    Publication Date: 2018-04-23
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A17A1707

    The trial court erred in ruling that defendant was not entitled to an out-of-time appeal based on ineffective assistance of counsel because he had established prejudice in his prior appeal and he established deficient performance on remand to the trial court.

  • McKie v. The State

    Publication Date: 2018-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Gerard Kleinrock (Attorney at Law), Decatur, for appellant.
    for defendant: Sherry Boston (DeKalb County District Attorney), Decatur; Deborah Wellborn (Assistant District Attorney), Decatur, for appellee.
    Case Number: A17A1443

    Trial Counsel's Unequivocal Admission During Closing Argument Establised Defendant Had Prior Felony Conviction

  • Harris v. The State

    Publication Date: 2018-04-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Edwin Wilson (Attorney at Law), Snellville, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Lee Tittsworth (Gwinnett Circuit District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A18A0513

    Defendant failed to prove his ineffective assistance of counsel claims following his convictions for criminal attempt to commit armed robbery, entering an auto with intent to commit theft and three counts of armed robbery.

  • Nations v. The State

    Publication Date: 2018-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Lawrence Daniel (Attorney at Law), Atlanta, for appellant.
    for defendant: Brian Fortner (Douglas County District Attorney), Douglasville; Samantha Newman (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A17A1444

    Circumstantial Evidence as to Location and Prior Crimes Supported Burglary Convictions

  • Ray v. State

    Publication Date: 2018-04-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Amanda Speights, Benjamin Huntington (Speights Law PC), Canton; Scott Poole (Grisham & Poole, PC), Canton, for appellant.
    for defendant: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Shannon Wallace (District Attorney), Canton, for appellee.
    Case Number: A18A0333

    The Court vacated the denial of defendant's motion for new trial following his convictions for rape and two counts of sexual battery and remanded for further proceedings to determine if he was entitled to a new trial based on ineffective assistance of counsel and the exclusion of certain evidence.

  • Ramirez v. The State

    Publication Date: 2018-04-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Micah Jay Gates (Office of the Public Defender for the Conasuaga Judicial Circuit), Dalton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Herbert McIntosh Poston Jr. (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: S17A1662

    The trial court did not abuse its discretion in excluding evidence of other incidents of criminal activity at a bar where defendant shot two security guards.