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  • Price v. The State

    Publication Date: 2018-06-14
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jody Peterman (Attorney at Law), Valdosta, for appellant.
    for defendant: Tami Peavy-Owen (Southwestern Judicial Circuit District Attorney's Office), Americus; Plez Hardin (District Attorney Southwestern Circuit), Americus; Lewis Lamb (Southwestern Circuit D.A.'S Office), Americus, for appellee.
    Case Number: A18A0631

    The Court vacated defendant's conviction for child molestation following a bench trial because the record did not adequately demonstrate whether defendant's waiver of his right to a jury trial was knowing and voluntary.

  • Durham v. The State

    Publication Date: 2018-06-13
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Debra Jefferson (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Layla Zon (District Attorney), Covington; Randal McGinley (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A18A0098

    The Court vacated defendant's convictions for rape and child molestation and remanded the case for the trial court to enter a written order including findings of fact and conclusions of law as to defendant's claimed speedy-trial violation.

  • In The Interest Of C. W., a child.

    Publication Date: 2018-06-13
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Margaret Heap (District Attorney), Savannah; Kimberly Rowden (Assistant District Attorney Juvenile Court Of Chatham County), Savannah, for appellant.
    for defendant: Yolanda Bacharach (Georgia Public Defender Council), Savannah, for appellee.
    Case Number: A18A0364

    Juvenile Delinquency Petition Was Subject to Dismissal For Failure to Name Victim

  • The State v. Dykes

    Publication Date: 2018-06-12
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Teri Walker (Fulton County District Attorney's Office), Atlanta; Paul Howard (District Attorney), Atlanta, for appellant.
    for defendant: Sarina Woods (Atlanta Circuit Public Defender's Office), Atlanta, for appellee.
    Case Number: A18A0613

    The Court affirmed the grant of defendant's motion to suppress evidence obtained during a traffic stop because, viewed in the light most favorable to the trial court's ruling, there was no evidence that defendant committed a traffic violation and the officer thus lacked reasonable suspicion to stop defendant.

  • Thomas v. The State

    Publication Date: 2018-06-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Tyler R. Conklin (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Samuel H. Altman, John Alexander Fitzner III (Middle Judicial Circuit District Attorney's Office), Swainsboro; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta, for appellee.
    Case Number: S18A0003

    Defendant failed to prove his ineffective assistance of counsel claim as he failed to show a reasonable probability that the outcome of his trial would have been different absent trial counsel's alleged deficiency.

  • Law Journal Press | Digital Book

    Section 337 Investigations: Unfair Trade Practice Litigation Before the ITC

    Authors: Michael G. McManus, Rodney R. Sweetland, III

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  • The State v. Davis

    Publication Date: 2018-06-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Margaret Ellen Heap, Christine Sieger Barker (Office of the District Attorney Eastern Judicial), Savannah, for appellant.
    for defendant: Amy Lee Ihrig, Robert Lawrence Persse (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellee. Scott L. Ballard, Benjamin David Coker (Griffin Judicial Circuit District Attorney's Office), Fayetteville; Robert Wright Smith Jr. (Prosecuting Attorneys' Council of Georgia), Morrow, for amicus appellant. James C. Bonner Jr., Brandon Alexander Bullard (Georgia Public Defender Council), Atlanta; Elizabeth Ann Brandenburg (Law Firm of Shein & Brandenburg), Decatur; Robert G. Rubin (Peters, Rubin & Sheffield, PA), Atlanta, for amicus appellee.
    Case Number: S17G1333

    The trial court erred in denying defendant's motion for a general demurrer after State charged him with failing to register as a sex offender in violation of O.C.G.A. § 42-1-12, because the Georgia Board of Pardons and Paroles' pardon of defendant's aggravated sodomy conviction obviated his duty to register.

  • Ceballos v. The State

    Publication Date: 2018-06-06
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ramon Alvarado (Attorney at Law), Norcross, for appellant.
    for defendant: Rosanna Szabo (Solicitor-General), Lawrenceville; Samuel D'Entremont (Gwinnett County Solicitor-General's Office), Lawrenceville, for appellee.
    Case Number: A18A0597

    State's Failure to Provide Police Officer's Scene-of-Incident Notebook Did Not Violate Best Evidence Rule or Due Process

  • Yeong Sik Oh v. The State

    Publication Date: 2018-06-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Lubin An (The Cook Law Firm), Atlanta, for appellant.
    for defendant: Rosanna Szabo (Solicitor-General), Lawrenceville; Samuel D'Entremont (Gwinnett County Solicitor-General's Office), Lawrenceville, for appellee.
    Case Number: A18A0642

    DUI Suspect Voluntarily Consented to Breath Alcohol Test Following Officer's Repeated Implied Consent Warnings

  • McCoy v. The State

    Publication Date: 2018-05-31
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Joe M. Harris Jr. (Attorney at Law), Jonesboro, for appellant.
    for defendant: John Andrew Pipkin III, Caitlin McGillicuddy, Meredith Chafin Florio (Henry County Solicitor General's Office), McDonough, for appellee.
    Case Number: S17G1530

    Courts Reviewing Roadblock Stops Must Consider Whether Screening Officers Had Reasonable Suspicion to Defer For Further Detention and Field Tests

  • Putnal v. The State

    Publication Date: 2018-05-31
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Gerald P. Word, Crystal Harmon Bice (Georgia Capitol Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Oliver Jackson Browning Jr., Jordan Leigh Stover (Tallapoosa Judicial Circuit District Attorney's Office), Cedartown, for appellee.
    Case Number: S18A0018

    The trial court erred in denying defendant's motion to proceed ex parte and under seal with regard to his requests for defense-retained mental health experts to gain access to him in the detention center where he was incarcerated.