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  • Hodges v. The State

    Publication Date: 2017-12-01
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Wanda Sherelle Jackson (Wanda S. Jackson, PC), East Point, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Scott Orion Teague, Christopher M. Carr (Department of Law), Atlanta; Louie Craig Fraser, Kelli Maria Adams (Dublin Judicial Circuit District Attorney's Office), Dublin, for appellee.
    Case Number: S17A0711

    The evidence supported defendant's convictions for felony murder, armed robbery and aggravated assault but the Court vacated his sentence because the trial court erred in failing to merge his conviction for aggravated assault with a deadly weapon into his armed robbery conviction for sentencing purposes.

  • Jones v. Medlin

    Publication Date: 2017-12-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Steven Lee Sparger, Savannah; Peter A. Camiel (Camiel & Chaney, PS.), Seattle, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Daniel Melvin King, Jr. (King Law Group), Dublin, for appellee.
    Case Number: S17A1291

    The Supreme Court reversed the denial of defendants' petitions for writs of habeas corpus following their convictions for malice murder and possession of a firearm in the commission of a felony because, in light of the totality of the circumstances, confidence in the outcome of the trial was undermined by States failure to provide certain potentially exculpatory evidence to the defense counsel.

  • The State v. Peabody

    Publication Date: 2017-11-20
    Practice Area: Criminal Appeals | Government
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Lara Snow (Cherokee County D.A.'S Office), Canton; Shannon Wallace (District Attorney), Canton, for appellant.
    for defendant: David Willingham (Willingham Law Firm, P.C.), Marietta, for appellee.
    Case Number: A17A1258

    The trial court properly granted former lieutenant's motion to quash an indictment against him for two counts of aggravated cruelty to animals in connection with the hot-car death of his K-9 dog because he was acting within the scope of his official job duties when the alleged crimes occurred and he was therefore entitled to the protections afforded by O.C.G.A. § 17-7-52, including timely notice of the grand jury proceeding and a copy of the proposed indictment, but State failed to comply with those statutory mandates.

  • Mathis v. The State

    Publication Date: 2017-11-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Kevin Anderson (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Leigh Patterson (District Attorney), Rome; Luke Martin (Floyd County District Attorney), Rome, for appellee.
    Case Number: A17A0858

    Although the trial court's jury charge did not constitute reversible error, the trial court did not err in failing to merge certain of defendant's convictions on a 52-count indictment.

  • 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.

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  • Salazar-Balderas v. The State

    Publication Date: 2017-11-07
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Lynn Kleinrock (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Charissa Henrich (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A17A0819

    The trial court erred in refusing to give defendant's requested charge on defense of habitation in his trial on charges of serious injury by vehicle, reckless driving, failure to stop at or return to the scene of an accident, following too closely and driving without a license, and the Court, therefore, reversed his convictions.

  • Walker v. The State

    Publication Date: 2017-11-02
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Grant
    Attorneys: For plaintiff: Kelvin D. Walker, Pelham, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Elizabeth A. Baker, Tracy Graham Lawson (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A1406

    The trial court did not err in denying defendant's motion for an out-of-time appeal because it was clear from the face of the record that his convictions and sentences were proper and because he had no constitutional right to the assistance of counsel in pursuing his motion for out-of-time appeal, there was no error in the trial court's denial of his motion seeking appointment of counsel.

  • Johnson v. The State

    Publication Date: 2017-10-31
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Kevin Kwashnak (Public Defender's Office), Americus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta; Plez Higdon Hardin, Lewis Ramon Lamb (Southwestern Judicial Circuit District Attorney's Office), Americus, for appellee.
    Case Number: S17A1105

    The trial court erred in denying defendant's motion for new trial following his convictions for murder and related crimes, because defendant was deprived of an adequate trial transcript and he was thus denied his right to appeal his convictions.