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  • Kimbrough et al. v. The State

    Publication Date: 2017-12-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Amanda Clark Palmer (Garland, Samuel & Loeb PC), Atlanta; Janice Singer-Capek (Attorney at Law), Atlanta, for appellant.
    for defendant: Stephen Fern (Assistant District Attorney Gwinnett Justice and Administration Center), Lawrenceville; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A15A1738

    The trial court erred in denying defendants' special demurrers seeking more detail about their alleged violations of the Georgia Racketeer Influenced Corrupt Organizations Act, because the indictment did not give defendants enough information about the charges to "prepare [their] defense intelligently."

  • Anthony v. The State

    Publication Date: 2017-12-07
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Reid G. Kennedy (Law Offices of Kennedy and Kennedy), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, 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: S17A0989

    The evidence, including eyewitness identification, supported defendant's convictions for malice murder and possession of a firearm during the commission of a crime and he failed to prove his ineffective assistance of counsel claims as, among other things, post-trial counsel's subsequent disbarment did not itself show ineffective assistance in defendant's particular case.

  • Blevins v. The State

    Publication Date: 2017-12-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0639

    The trial court did not abuse its discretion in admitting certain other acts evidence in a middle school band director's trial for enticing a child for indecent purposes and child molestation arising out of his interactions with a student.

  • The State v. Cohen

    Publication Date: 2017-11-29
    Practice Area: Criminal Law | Privacy
    Industry:
    Court: Georgia Supreme Court
    Judge: Acting Presiding Justice Melton
    Attorneys: For plaintiff: Paul L. Howard, Jr., Marc A. Mallon, F. McDonald Wakeford, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellant.
    for defendant: Brian Steel (The Steel Law Firm, PC.), Atlanta; Bruce H. Morris (Finestone, Morris & White, LLP), Atlanta; Jimmy Dodd Berry (Jim D. Berry, PC), Marietta; Reid Thompson (Reid Thompson Law), Marietta, for appellee.
    Case Number: S17A1265

    The trial court partially erred in dismissing charges against a woman and her attorneys arising out of an alleged conspiracy for the woman to secretly video record the defendant in a sexual harassment lawsuit her attorneys filed on her behalf and the subsequent transmission of a demand letter to that defendant.

  • Thompson v. The State

    Publication Date: 2017-11-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Eric J. Taylor (Office of the Public Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (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: S17A0935

    Although the evidence supported defendant's convictions for two counts of malice murder, the Court reversed his convictions because the trial court erred in admitting certain character evidence at trial and the error was not harmless.

  • Whaley v. The State

    Publication Date: 2017-11-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Ashleigh Merchant (The Merchant Law Firm, PC), Marietta, for appellant.
    for defendant: Amelia Pray (District Attorney's Office, Cobb Judicial Circuit), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A17A0848

    The evidence supported defendant's conviction for a RICO violation after he and his fianc stole over $800,000 from her employer by writing unauthorized checks from the employer's account.

  • Lebis v. The State

    Publication Date: 2017-11-28
    Practice Area: Criminal Law
    Industry:
    Court: State Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Sandra Louise Michaels, John Richard Martin (Martin Brothers, PC.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Jeffrey Matthew Gore, Tracy Graham Lawson (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A0948

    There was insufficient evidence to support defendant's convictions for felony murder and two counts of misdemeanor obstruction of a police officer after her husband fatally shot an officer who was attempting to arrest them, but the evidence was sufficient to support her convictions for two other misdemeanor obstruction counts and several firearms possession counts.

  • Johnson v. The State

    Publication Date: 2017-11-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Jonathan Rosenburg (Lister & Holt LLC), Jonesboro, for appellant.
    for defendant: Tasha Mosley (Solicitor General), Jonesboro; James Wilkinson (Cherokee Circuit District Attorney), Cartersville, for appellee.
    Case Number: A17A0733

    The trial court erred in denying defendant's motion to suppress evidence police discovered after they arrested him without probable cause, as defendant was free to leave a first-tier police encounter and his arrest for obstruction was thus unlawful.

  • Pittman v. The State

    Publication Date: 2017-11-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A1122

    The Court affirmed defendant's conviction for one count of entering an automobile, finding that the trial court did not abuse its discretion in admitting into evidence an unredacted prior accusation against defendant as evidence of prior difficulties between defendant and the victim.

  • Hilley v. The State

    Publication Date: 2017-11-27
    Practice Area: Criminal Law | Internet Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Genevieve Holmes (Appellate Division – GPDC), Atlanta, for appellant.
    for defendant: Christopher Arnt (Assistant District Attorney), Lafayette; Jennifer Hartline (District Attorney's Office Lookout Mountain Circuit), Lafayette; Herbert Franklin (District Attorney), Lafayette, for appellee.
    Case Number: A17A0834

    The evidence supported defendant's conviction for using a computer Internet service to seduce a person he believed to be a child as well as two counts each of attempted aggravated child molestation and attempted child molestation and the trial court did not err when it revoked defendant's probation based on his failure to complete treatment.