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  • Gadson v. The State

    Publication Date: 2018-07-13
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Tyler R. Conklin (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Arthur C. Walton, Arthur C. Walton (Fulton County Courthouse), Atlanta, for appellee.
    Case Number: S18A0123

    Murder defendant failed to show harm resulting from the trial court's error in failing to give a certain jury charge and thus failed to prove plain error.

  • Ballard v. The State

    Publication Date: 2018-07-10
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Rico Ballard, Jackson, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Kevin Christopher Armstrong (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0998

    The trial court should have dismissed, rather than denied, defendant's motion and amended motion in arrest of judgment following his convictions for murder and aggravated assault, as the trial court lacked jurisdiction to decide the untimely motions.

  • Abrams v. Laughlin et al.

    Publication Date: 2018-07-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Joseph Scott Key, Kayci Nicole Dennis (Miller & Key PA), McDonough, for appellant.
    for defendant: Daniel Melvin King Jr., Franklin Daniel Miller (King Law Group), Dublin; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), for appellee.
    Case Number: S18A0594

    The trial court properly dismissed prisoner's petition for a writ of habeas corpus for failure to file within the time allowed by O.C.G.A. § 9-14-42 (c) (3).

  • Williams v. The State

    Publication Date: 2018-07-05
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Bernard Brody (Brody Law Firm), Atlanta, for appellant.
    for defendant: Cliff Head (Assistant District Attorney), Canton; Shannon Wallace (District Attorney), Canton; Zachary Smith (Cherokee County District Attorneys Office), Canton, for appellee.
    Case Number: A18A0279

    Prosecution Was Required to Prove Child's Lack of Consent to Establish Aggravated Sexual Battery

  • Earnest Ray White v. The State

    Publication Date: 2018-06-28
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Christina Cribbs (Georgia Public Defender Council), Atlanta; Clare Gilbert (Georgia Innocence Project), Decatur, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Joshua Smith (District Attorney's Office), Augusta; Natalie Paine (District Attorney), Augusta, for appellee.
    Case Number: A18A0214

    Trial Court Applied Wrong Standard in Denying Convicted Defendant's Motion For DNA Testing of Archived Evidence

  • Royster v. State of Georgia

    Publication Date: 2018-06-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Benjamin Goldberg (The Law Office of Ben Goldberg LLC), Mableton, for appellant.
    for defendant: Jennifer Hendee (Gwinnett District Attorney's Office), Lawrenceville; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A18A0467

    The trial court did not abuse its discretion in denying appellant's petition for release from the requirement that he be registered as a sex offender as a result of a 1993 conviction.

  • Clifton v. The State

    Publication Date: 2018-06-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: William Clifton, Pelham, for appellant.
    for defendant: Stephen Bradley (District Attorney, Ocmulgee Judicial Circuit), Milledgeville; Daniel Cochran (Ocmulgee Judicial Circuit), Monticello, for appellee.
    Case Number: A18A0746

    The Court dismissed defendant's appeal from the order rejecting his motion to withdraw his guilty plea, finding that it lacked jurisdiction over the appeal.

  • McCurley v. The State

    Publication Date: 2018-06-20
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Ashleigh Merchant (The Merchant Law Firm PC), Marietta, for appellant.
    for defendant: Christopher Arnt (Assistant District Attorney), Lafayette; Herbert Franklin (District Attorney), Lafayette, for appellee.
    Case Number: A18A0471

    Trial Clerk's Testimony He Timely Mailed Copy of Order to Defendant Supported Denial of Motion To File Out-Of-Time Appeal

  • Moore v. The State

    Publication Date: 2018-06-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Carzell Moore, Trion, for appellant.
    for defendant: Jonathan Lang Adams (Towaliga Circuit District Attorney's Office), Jackson; Steven Chambless Ouzts (Towaliga Circuit District Attorney's Office), Forsyth; Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton (Department of Law), Atlanta, for appellee.
    Case Number: S18A0509

    The trial court properly rejected appellant's "Amended Motion for Out of Time Appeal" following his guilty pleas to rape and murder, as his attempt to amend the already-adjudicated motion was untimely.

  • Williams v. The State

    Publication Date: 2018-06-15
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Angela Brown (Moore Brown Law Group, PC.), Atlanta; Roberto Hoover (Conflict Defender's Office), Americus, for appellant.
    for defendant: Bradford Rigby (District Attorney's Office of the Cordele Judicial), Cordele; Whitney Bradford (Cordele Judicial Circuit District Attorney's Office), Cordele, for appellee.
    Case Number: A18A0206

    Defendant's Appeal Presented First Opportunity For Defendant to Raise Ineffective Assistance of Counsel Claim