• Williams v. The State

    Publication Date: 2023-07-31
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Joshua Madsen, (Attorney at Law), Charlotte, for appellant.
    for defendant: James Chafin, James Smith, (Office of the District Attorney, Piedmont Judicial Circuit), Jefferson, for appellee.

    Case Number: A23A0220

    Court vacates dismissal of defendant's motion to vacate a void sentence and remands with instructions for the trial court to deny the motion.

  • Shockley v. The State

    Publication Date: 2023-07-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William Kelbaugh, (The Kelbaugh Firm LLC), Atlanta, for appellant.
    for defendant: Lee Darragh, Kelley Robertson, (district attorney, NEJC of GA), Gainesville, for appellee.

    Case Number: A23A0071

    Court affirms drug trafficking and obstruction convictions over defendant's challenge to sufficiency of evidence, and claims in error and ineffective assistance

  • Hammond v. State

    Publication Date: 2023-07-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Charles Frier, (Attorney at Law), Atlanta, for appellant.
    for defendant: Sherry Boston, Jason Rea, (DeKalb County District Attorney’s Office), Decatur, for appellee.

    Case Number: A23A0035

    Court affirms merger of three child molestation convictions and corrected sentence over defendant's contentions of ineffective assistance and double jeopardy

  • Scott v. The State

    Publication Date: 2023-07-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Walker, (Georgia Public Defender Council), Macon, for appellant.
    for defendant: Stacey Jackson, Tina Stanford, (Chattahoochee Circuit District Attorney’s Office), Columbus, for appellee.

    Case Number: A23A0321

    Trial Court Properly Determined That Motion to Suppress Evidence Was Not Timely Filed

  • Tarlton v. The State

    Publication Date: 2023-07-27
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Matthew Bennett, (Bennett and Connell, LLC), Adel, for appellant.
    for defendant: Jessua Hornsby, (District Attorneys Office - Southern Judicial Circuit), Dixie, Chase Studstill, (Alapaha Judicial Circuit Distritct Attorney’s Office), Nashville, for appellee.

    Case Number: A23A0347

    Defendant's Right to Be Present Not Violated When Trial Court and Counsel Discussed Replaying Forensic Video to Jury

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  • In the Interest of L. J., a Child

    Publication Date: 2023-07-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Jennifer Wittich, (The Law Office of Jennifer Wittich), Pooler, for appellant.
    for defendant: Shalena Jones, (Eastern Judicial Circuit), Savannah, Nicholas Hosler, (Chatham County District Attorney's Office), Savannah, Nicholas Hosler, Pooler, for appellee.

    Case Number: A23A0622

    Juvenile Court Properly Considered All Statutory Factors to Ensure Least Restrictive Disposition Was Imposed

  • Basulto v. The State

    Publication Date: 2023-07-25
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Peterson
    Attorneys: For plaintiff: G. Richard Stepp, (G. Richard Stepp, P.C.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Michael Alexander Oldham, Christopher M. Carr, (Department of Law), Atlanta, Patsy A. Austin-Gatson, Clifford Louis Kurlander, (Gwinnett County District Attorney’s Office), Lawrenceville, for appellee.

    Case Number: S23A0733

    Court affirms convictions for felony murder and aggravated assault over defendant's contentions that trial court erred by failing to remove a juror who withheld information

  • The State v. Brinkley

    Publication Date: 2023-07-25
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Peterson
    Attorneys: For plaintiff: Michael Scott Carlson, Bruce Patilloch Dutcher, Fani T. Willis, Kevin Christopher Armstrong, Juliana Sleeper, Burke Olivia Doherty, (Fulton County District Attorney’s Office), Atlanta, for appellant.
    for defendant: Stacy Susanne Levy, (Stacy S. Levy and Associates), Lawrenceville, Richard William Marks, (Atlanta Circuit Public Defender’s Office), Atlanta, Stephen Randall Scarborough, (Office of the Public Defender), Atlanta, for appellee; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, for Other Party.

    Case Number: S23A0507

    Court vacates motion to exclude evidence because trial court misapplied the appropriate Rule 403 standard, and remands for application of correct standard

  • Rountree v. The State

    Publication Date: 2023-07-25
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Carl A. Veline, Jr., (Carl A. Veline), Warner Robins for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Chelsea Sharonlyn-Clyde Harvey, Christopher M. Carr, (Department of Law), Atlanta, Rodrigo L. Silva, William Marshall Kendall, (Houston County District Attorney’s Office), Perry, for appellee.

    Case Number: S23A0531

    Court affirms malice murder conviction over contentions that trial court committed plain error by rejecting jury charges on voluntary manslaughter and mutual combat

  • Pugh v. The State

    Publication Date: 2023-07-24
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Angela Dillon, Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Matthew Blackwell Crowder, Christopher M. Carr, (Department of Law), Atlanta, Brandon M. Delfunt, Clifford Louis Kurlander, Patsy A. Austin-Gatson, (Gwinnett County District Attorney’s Office), Lawrenceville, for appellee.

    Case Number: S23A0253

    State Failed to Meet its Burden to Prove Guilty Plea Was Entered Knowingly and Voluntarily