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  • McNeal v. The State

    Publication Date: 2017-11-01
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: Eric J. Taylor (Office of the Public Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Aimee F. Sobhani, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1290

    The evidence supported defendant's convictions for malice murder and related crimes and the trial court did not err in refusing to give defendant's requested charge on accident, as the evidence did not support such a charge.

  • Johnson v. The State

    Publication Date: 2017-10-31
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Kevin Kwashnak (Public Defender's Office), Americus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta; Plez Higdon Hardin, Lewis Ramon Lamb (Southwestern Judicial Circuit District Attorney's Office), Americus, for appellee.
    Case Number: S17A1105

    The trial court erred in denying defendant's motion for new trial following his convictions for murder and related crimes, because defendant was deprived of an adequate trial transcript and he was thus denied his right to appeal his convictions.

  • Carter v. The State

    Publication Date: 2017-10-31
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Hunstein
    Attorneys: For plaintiff: John Clayton Culp (Waycross Circuit Public Defender), Waycross, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; George Elemuel Barnhill, Ian Louis Sansot (Waycross Judicial Circuit District Attorney's Office), Douglas, for appellee.
    Case Number: S17A1126

    In defendant's trial for malice murder and other crimes, the trial court did not abuse its discretion in allowing State to admit into evidence a recorded conversation in which defendant and a third party discussed the crimes at issue and the evidence supported defendant's convictions.

  • Freeman v. The State

    Publication Date: 2017-10-31
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Justin Freeman, Rockmart, for appellant.
    for defendant: Stephanie D. Woodard, Daniel Sanmiguel (Hall County Solicitor General's Office), Gainesville; Paula Khristian Smith, Patricia B. Attaway Burton, Christopher M. Carr (Department of Law), Atlanta, for appellee.
    Case Number: S17A1040

    The Supreme Court reversed defendant's conviction for one count of disorderly conduct pursuant to O.C.G.A. 16-11-39 subsection (a) (1) because defendant's act of raising his middle finger to a pastor during a church service was a constitutionally protected act that did not place the pastor in reasonable fear for his safety.

  • Faust v. The State

    Publication Date: 2017-10-31
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Stanley W. Schoolcraft III (Office of the Public Defender), McDonough, 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., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1177

    The evidence supported defendant's convictions for felony murder while in the commission of an aggravated assault and possession of a firearm during the commission of a felony after he shot and killed a man who was selling shoes out of his car.

  • Smith v. The State

    Publication Date: 2017-10-30
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Court of Appeals
    Judge: Justice Grant
    Attorneys: For plaintiff: Dell Jackson, Decatur, 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., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1170

    The trial court did not abuse its discretion in allowing State's expert to testify that in his opinion the victimfs injuries were the result of abuse rather than accident and the Court, therefore, affirmed defendant's convictions for felony murder and other crimes in connection with the death of a 15-month-old girl.

  • Shuman v. The State

    Publication Date: 2017-10-27
    Practice Area: Civil Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Ernest Byrd Shuman, Nicholls, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Robert Ray Auman, Bradfield M. Shealy, Michelle Thomas Harrison (Southern Judicial Circuit District Attorney's Office), Thomasville, for appellee.
    Case Number: S17A1229

    The trial court properly denied defendant's motion for an out-of-time appeal from his 1990 murder convictions because he failed to allege that ineffective assistance by his plea counsel was the reason that he had not filed a timely appeal.

  • Taylor v. The State

    Publication Date: 2017-10-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Benham
    Attorneys: For plaintiff: Larry L. Duttweiler, Gainseville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Lee Darragh, Wanda Lynn Vance (Northeastern Circuit District Attorney's Office), Gainesville, for appellee.
    Case Number: S17A1033

    In defendant's murder trial, the trial court did not abuse its discretion in allowing State to cross-examine defendant about an altercation with his girlfriend that resulted in the girlfriend kicking him out of her car because he punched her in the face, as defendant had testified dishonestly about the reasons why his girlfriend kicked him out of her car and so the evidence was admissible for impeachment purposes.

  • Hampton v. The State

    Publication Date: 2017-10-25
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Raina Jeager Nadler, Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; D. Victor Reynolds, Michael Scott Carlson (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17A0984

    The evidence supported defendant's convictions for malice murder and related crimes after he fatally shot a man at a bar where defendant sometimes worked as a security guard.

  • Moran v. The State

    Publication Date: 2017-10-25
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Benham
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Lee Darragh, Shiv Sachdeva (Northeastern Circuit District Attorney's Office), Gainesville, for appellee.
    Case Number: S17A0967

    The evidence supported defendant's convictions for malice murder and related crimes and the trial court did not err in admitting photographs of text messages on defendant's cell phone, as defendant had executed a Fourth Amendment waiver as a condition of her probation for other crimes and there was reasonable suspicion that defendant was involved in a murder.