Filter This View

  • 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.

  • Adams v. The State

    Publication Date: 2018-03-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Alvin Adams, III, Reidsville, for appellant.
    for defendant: Herbert McIntosh Poston, Jr. (Conasauga Judicial Circuit District Attorney's Office), Dalton; Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for appellee.
    Case Number: S17A1453

    The trial court properly denied defendant's motion to withdraw his guilty plea to charges of malice murder and armed robbery because the term of court in which defendant was sentenced had expired and the trial court thus lacked jurisdiction to grant the motion.

  • Roberts v. The State

    Publication Date: 2018-02-20
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: James Roberts, Pelham, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Kevin Armstrong (Office of the District Attorney), Atlanta, for appellee.
    Case Number: A17A1577

    The trial court erred in denying defendant's pauper's status without first holding a hearing on the question of indigence pursuant to O.C.G.A. § 9-15-2.

  • Law Journal Press | Digital Book

    State Antitrust Law

    Authors: William T. Lifland

    View this Book

    View more book results for the query "*"

  • The State v. Williams

    Publication Date: 2018-02-08
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: William Callaway (Callaway Neville & Brinson), Claxton; Richard Mallard (District Attorney), Statesboro, Keith McIntyre (Chief Assistant District Attorney), Statesboro, for appellant.
    for defendant: Robert Persse (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: A15A1858

    The Court of Appeals remanded the case to the trial court for clarification on the specific findings that formed the basis for the trial court's legal conclusions with regard to its grant of defendant's motion to suppress the admission of a statement he made to police after his arrest for obstruction.

  • Redmon v. Johnson

    Publication Date: 2018-02-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Jarvis Redmon, Conyers, for appellant.
    for defendant: Paula Khristian Smith, Patricia B. Attaway Burton, Samuel S. Olens (Department of Law), Atlanta, for appellee.
    Case Number: S16H1197

    The Supreme Court of Georgia summarily denied petitioners application for a certificate of probable cause to appeal the habeas courts final order denying his petition for habeas corpus challenging his criminal convictions and clarified the process by which it renders these decisions.

  • Jones v. The State

    Publication Date: 2017-12-28
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: James C. Bonner, Jr., Tyler R. Conklin (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Rosemary M. Greene, Sharon Moyer Fox (Cherokee Judicial Circuit District Attorney's Office), Cartersville, for appellee.
    Case Number: S17G0118

    The Court of Appeals erred in holding that defendant's guilty verdicts for theft by conversion and theft by bringing stolen property into Georgia after he failed to return a car he had rented in Tennessee and drove through Georgia were not mutually exclusive because it was legally and logically impossible to convict the accused of both counts.

  • Lebis v. The State

    Publication Date: 2017-12-28
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S17A0948

    There was insufficient evidence to support defendant's convictions for 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, felony murder and several firearms possession counts.

  • Henderson v. The State

    Publication Date: 2017-12-14
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Donnelly (Western Circuit Public Defender's Office), Athens, for appellant.
    for defendant: James Chafin (Assistant District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A17A1926

    The trial court failed to properly apply the applicable test when it granted State's motion to involuntarily medicate a mentally ill criminal defendant in an attempt to make him competent to stand trial.