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  • The State v. Council

    Publication Date: 2017-11-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A1218

    The trial court erred in granting defendant's motion in limine to suppress the results of two breath tests obtained after her arrest for driving under the influence because, under the totality of the circumstances, the officer did not coerce or compel defendant to undergo the breath tests.

  • Harvey v. The State

    Publication Date: 2017-11-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0898

    Although the evidence was sufficient to support defendant's conviction for possession of marijuana, the evidence was insufficient to support his convictions for possession of a firearm during a felony and possession of a firearm by a convicted felon because there was no evidence showing that defendant exercised dominion over the gun.

  • The State v. Licata

    Publication Date: 2017-11-22
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Adam Keller (Sr. Assistant Solicitor General), Cumming; William Finch (Solicitor General of Forsyth County), Cumming, for appellant.
    for defendant: Woodrow Smith (Attorney at Law), Atlanta; Matthew Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellee.
    Case Number: A17A1200

    The trial court erred in granting DUI defendant's motion to suppress the results field sobriety tests and evidence of his refusal to take a breath test because he was sufficiently warned of his right not to incriminate himself before the field sobriety tests and he was not entitled to counsel when deciding whether to submit to the state-requested breath test.

  • Ellis v. The State

    Publication Date: 2017-11-21
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Monte Davis (Attorney at Law), Roswell, for appellant.
    for defendant: Emily Johnson (District Attorney's Office Rome Judicial Circuit), Rome; Leigh Patterson (District Attorney), Rome, for appellee.
    Case Number: A17A0659

    The trial court erred in key factual findings and failed to balance the relevant legal factors when it denied defendant's plea in bar on constitutional speedy trial grounds.

  • Carpenter v. The State

    Publication Date: 2017-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: August Siemon (Attorney at Law), Atlanta, for appellant.
    for defendant: Marie Banks (Houston County District Attorney), Perry; George Hartwig (District Attorney Houston Judicial Circuit), Perry, for appellee.
    Case Number: A17A1354

    Defendant failed to prove his ineffective assistance of counsel claim based on trial counsel's failure to object to the victim's in-court identification, because any objection would have been meritless and failure to raise a meritless objection does not constitute deficient performance; however, the trial court erred in failing to merge certain counts for sentencing.

  • Carter v. The State

    Publication Date: 2017-11-20
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Michael Tarleton (The Appellate Division – GPDC), Atlanta, for appellant.
    for defendant: Robert James (District Attorney), Decatur; Sherry Boston (DeKalb County District Attorney), Decatur; Gerald Mason (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: A17A0860

    The trial court did not violate the former version of O.C.G.A. 17-8-57 when it reminded a witness during her direct examination that she was in the room when a co-defendant uttered a threat; accordingly, the Court affirmed defendant's convictions for aggravated assault and other crimes.

  • In The Interest of E. B., a child

    Publication Date: 2017-11-17
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jared Roberts (Attorney at Law), Douglas, for appellant.
    for defendant: George Barnhill (District Attorney), Waycross; Ian Sansot (District Attorney's Office, Waycross Judicial Circuit), Douglas, for appellee.
    Case Number: A17A0784

    The evidence was insufficient to support the juvenile's adjudications of delinquency for burglary and shoplifting but there was sufficient evidence to support his adjudication of delinquency for tampering with the operation of an electronic monitoring device.

  • Whitmire v. The State

    Publication Date: 2017-11-16
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Howard Anderson (Law Office of Howard W. Anderson, III, LLC), Pendleton, for appellant.
    for defendant: George Christian (District Attorney's Office), Clayton; James Staples (Assistant District Attorney), Clarksville, for appellee.
    Case Number: A17A0951

    The Court vacated the denial of defendant's motion for new trial following his armed robbery conviction in connection with a bank hold-up because the trial judge failed to exercise discretion to sit as a thirteenth juror with respect to the general grounds raised.

  • Hood v. The State

    Publication Date: 2017-11-15
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: James Hood, Ludowici, for appellant.
    for defendant: Oliver Browning (District Attorney), Cedartown; Ryan Remsen (Attorney at Law), Rome, for appellee.
    Case Number: A17A1147

    The trial court erred in denying defendant's second motion for out-of-time appeal, to the extent it held that defendant was not entitled to file a direct appeal from the denial of his motion to vacate void sentence, because defendant raised a colorable claim that his sentence was void and, thus, he was entitled to file a direct appeal from the denial of his motion to vacate void sentence.

  • McAllister v. The State

    Publication Date: 2017-11-15
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Gerard Kleinrock (Attorney at Law), Decatur, for appellant.
    for defendant: Robert James (District Attorney), Decatur; Deborah Wellborn (Assistant District Attorney), Decatur, for appellee.
    Case Number: A17A1026

    The evidence supported defendant's convictions for aggravated stalking and criminal trespass after he broke into his former girlfriend's home, kissed her and crawled into her bed.