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  • Deloney v. The State

    Publication Date: 2017-10-23
    Practice Area: Civil Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Danny E. Deloney, Valdosta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Vanessa Therese Meyerhoefer (Department of Law), Atlanta; Anna Green Cross, Sherry Boston (DeKalb County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A0700

    Defendant was not entitled to an out-of-time appeal following his guilty plea to the felony murder of his 6-year-old daughter and numerous other crimes and the trial court was thus not required to hold an evidentiary hearing on his motion.

  • Thompson v. The State

    Publication Date: 2017-10-20
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Kevin Anderson (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Robert James (District Attorney), Decatur; Sherry Boston (DeKalb County District Attorney), Decatur; Deborah Wellborn (Assistant District Attorney), Decatur, for appellee.
    Case Number: A17A0676

    The trial court did not abuse its discretion in overruling defendant's objection to a statement the prosecutor made in her closing argument or in failing to rebuke the prosecutor because the prosecutor's comment was a reasonable inference raised by the evidence.

  • Suggs v. The State

    Publication Date: 2017-10-19
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Justin Williams (Williams & Williams Law Firm, LLC), Alpharetta, for appellant.
    for defendant: Stephanie Woodard (Solicitor General), Gainesville; Daniel Sanmiguel (Hall County Solicitor's Office), Gainesville, for appellee.
    Case Number: A17A0841

    The trial court properly denied defendant's motion to suppress all evidence surrounding and including his arrest for DUI-less safe after a sheriff deputy conducted a traffic stop in his appointed territory but performed a DUI investigation and arrested defendant outside of the territorial boundary of his law enforcement agency.

  • Wilder v. The State

    Publication Date: 2017-10-18
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: David Clark (Appellate Division, Ga Public Defender Council), Atlanta, for appellant.
    for defendant: Kevin Majeska (District Attorney, Toombs Jud. Circuit), Thomson; William Doupe (District Attorney Toombs Judicial Circuit), Thomson; Joshua Smith (District Attorney's Office Augusta Judicial Circuit), Augusta, for appellee.
    Case Number: A17A1727

    The sentence the trial court imposed on defendant's conviction for child molestation was within the applicable statutory range of sentencing, was legally authorized and was not subject to review.

  • Mitchell v. The State

    Publication Date: 2017-10-17
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: Kevin McMurry (Assistant District Attorney), Newnan; Peter Skandalakis (District Attorney Coweta County District Attorney's Office), Lagrange, for appellee.
    Case Number: A17A2012

    The trial court properly imposed a felony sentence following defendant's conviction for family violence battery because defendant had a prior conviction for family violence battery and the rule of lenity did not apply.

  • In The Interest of A. C., a child.

    Publication Date: 2017-10-17
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Wade Krueger (Public Defender's Office), Valdosta, for appellant.
    for defendant: Joseph McKinnon (District Attorney's Office), Valdosta; J. Miller (District Attorney's Office, Southern Judicial Circuit), Moultrie; Jessica Clark (Assistant District Attorney), Valdosta; Bradfield Shealy (District Attorney Southern Judicial Circuit), Valdosta, for appellee.
    Case Number: A17A0788

    The evidence supported the juvenile court's adjudication of delinquency on one count of theft by receiving stolen property after an officer observed the juvenile running from a stolen vehicle.

  • Davis v. The State

    Publication Date: 2017-10-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Stephen Scarborough (Stephen R. Scarborough, P.C.), Atlanta, for appellant.
    for defendant: Elizabeth Baker (Clayton County District Attorney, Clayton County District Attorney's Office), Jonesboro; Tracy Lawson (District Attorney), Jonesboro; Kathryn Powers (Assistant District Attorney), Jonesboro, for appellee.
    Case Number: A17A1008

    The trial court did not abuse its discretion in allowing State to present evidence that defendant had previously infected another a person with HIV in his trial for two counts of reckless conduct in violation of O.C.G.A. 16-5-60 subsection (c) arising after he infected another with HIV.

  • Pittmon v. The State

    Publication Date: 2017-10-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: Bruce Harvey (Attorney at Law), Atlanta, for appellant.
    for defendant: Lee Darragh (District Attorney, NEJC of GA Northeastern Judicial Circuit), Gainesville; Shiv Sachdeva (Northeastern Circuit District Attorney), Gainsville; Laura Lukert (Northern Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: A17A0963

    The evidence supported defendant's convictions for battery, cruelty to children in the first degree and cruelty to children in the second degree after she burned a child in her care at a daycare center and failed to seek medical attention for him.

  • Diaz v. The State

    Publication Date: 2017-10-13
    Practice Area: Criminal Law | Immigration Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Stephen Reba (Attorney at Law), Atlanta, for appellant.
    for defendant: Andrea Alabi (Assistant District Attorney), Lawrenceville; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A17A1333

    Defendant could not show that he was prejudiced by his attorney's alleged deficiency in failing to properly inform him of the immigration consequences of pleading guilty to possession of a controlled substance and he, therefore, could not prove his ineffective assistance of counsel claim and the trial court properly denied his motion to withdraw his guilty plea.

  • Green v. The State

    Publication Date: 2017-10-12
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Thomas Hyman (Oconee Circuit Public Defenders Office), Cordele, for appellant.
    for defendant: Lauren Shurling (Chief Assistant District Attorney Oconee Judicial Circuit), Eastman; Timothy Vaughn (District Attorney Oconee Judicial Circuit), Eastman, for appellee.
    Case Number: A17A1017

    The evidence was sufficient to support defendant's convictions for four counts of theft by taking after he endorsed checks and misrepresented that the checks were actually payable to him and then deposited the checks into his bank account.