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  • Doe v. The State

    Publication Date: 2018-04-11
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Jeffrey Robert Filipovits (Filipovits Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Richard Ashley Mallard, Keith A. McIntyre (Ogeechee Judicial Circuit District Attorney's Office), Statesboro, for appellee. Brenda Jean Smeeton, Michele Maria Young, Cory Isaacson (Georgia Justice Project), Atlanta; Nancy Rhinehart DeVetter (Georgia Legal Services), Savannah, for amicus appellant. Christopher M. Carr, Sarah Hawkins Warren (Department of Law), Atlanta, for amicus appellee.
    Case Number: S17A1694

    Because the appeal at issue did not invoke the Georgia Supreme Courts constitutional-question jurisdiction, the Court returned the appeal to the Court of Appeals.

  • Owens v. The State

    Publication Date: 2018-04-09
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: S17A1905

    The Georgia Supreme Court directed the Council of Superior Court Judges of Georgia to submit to the Court, no later than Sept. 17, 2018, a proposed Uniform Rule of Superior Court designed to address the issue of inordinate and unjustified delays between a defendant's trial and the direct appeal reaching the Court.

  • Byron v. The State

    Publication Date: 2018-04-05
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Michael Walter Gowen (Tifton Judicial Circuit Public Defender's Office), Tifton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Clifford Paul Bowden, Robert Alan Rogers, Jennifer Dawn Hart (Tifton Judicial Circuit District Attorney's Office), Tifton; Kevin Eugene Hutto (Office of the District Attorney), Tifton, for appellee.
    Case Number: S17A1555

    The evidence supported defendant's convictions for malice murder and other crimes arising from an argument in the parking lot of a club and defendant failed to prove his ineffective assistance of counsel claims.

  • Morris v. The State

    Publication Date: 2018-04-04
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: John Walter Kraus (Office of the Public Defender), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Vanessa Therese Meyerhoefer, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Joshua Daniel Morrison (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1402

    The trial court did not plainly err in its jury instructions in defendant's murder trial in connection with the shooting death of his roommate.

  • Delevan v. The State

    Publication Date: 2018-03-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: David Clark, Lawrenceville, for appellant.
    for defendant: William Langley (District Attorney), Blairsville; Sidney Landreau (Enotah Judicial Circuit District Attorney), Blairsville, for appellee.
    Case Number: A17A1998

    The Court vacated the trial court's denial of defendant's motion for an out-of-time appeal following his convictions for DUI a related offenses and remanded to the trial court for appointment of a conflict-free counsel for defendant and a new hearing on the motion for an out-of-time appeal in order to determine who was at fault for failing to timely file the notice of appeal.

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  • The State v. Harper

    Publication Date: 2018-03-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Sharell Fincher Lewis, Rebecca Holmes Liles Grist, Donyale Nicole Leslie (Bibb County Solicitor-General's Office), Macon, for appellant.
    for defendant: Andrew Charles Hall (Hall Hirsh Hughes LLC), Decatur, for appellee.
    Case Number: S17G0199

    The Supreme Court reversed the Court of Appeals' decision holding that defendant could not be found guilty of trespass under O.C.G.A. § 16-7-21 (b) (2) as a matter of law after he entered a residence through a locked door from the backyard without the homeowner's knowledge or permission, because the locked entry door to the homeowners residence provided reasonable and sufficiently explicit notice to defendant that entry into the residence was forbidden.

  • De La Cruz v. The State

    Publication Date: 2018-03-16
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Mary Terry Benton, Derin Bronson Dickerson, Francisco Gonzalez-Burgos, Tejas Surendra Patel, Kacy Brake, Emily Catherine Hootkins, Andrew J. Liebler, Andrew M. Brown (Alston & Bird LLP), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Mary Catherine Greaber, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; John Allen Lawson, Richard Lowery Perryman III (Alapaha Judicial Circuit District Attorney's Office), Nashville; Bianca Plair Goodman (Muscogee County Solicitor General's Office), Columbus, for appellee.
    Case Number: S17A1887

    21-Year Delay in Resolving Motion for New Trial Did Not Violate Defendant's Due Process Rights

  • Dent v. The State

    Publication Date: 2018-03-16
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Deborah Lorraine Leslie (The Leslie Group, LLC), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Jason Matthew Rea (Department of Law), Atlanta; Elizabeth A. Baker, Tracy Graham Lawson (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A1641

    The evidence supported defendant's convictions for felony murder while in the commission of aggravated assault and possession of a firearm during the commission of a felony and the trial court did not reversibly err in declining to instruct the jury on the lesser included offense of voluntary manslaughter, as the evidence did not support such a charge.

  • Kennedy v. Kohnle

    Publication Date: 2018-03-15
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, Christopher M. Carr (Department of Law), Atlanta, for appellant.
    for defendant: Macklyn A. Smith, Lawrenceville, for appellee.
    Case Number: S17A1419

    The habeas court erred in applying Alexander v. State, 297 Ga. 59 (2015) retroactively to find that plea counsel performed deficiently in failing to advise defendant that she would not be eligible for parole for 30 years if she pleaded guilty, as Alexander created a "new rule" and thus did not apply retroactively.

  • Malverty v. The State

    Publication Date: 2018-03-14
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Brian P. Malverty, Abbeville, 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, Michael V. Snow (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1468

    The trial court properly denied defendant's motion for an out-of-time appeal following his 1986 guilty plea to two counts of felony murder, as his claim that the indictment was defective could be resolved against him on the existing record and he thus was not entitled to a direct appeal on the issue.