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  • Allen v. The State

    Publication Date: 2024-06-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Peterson
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: S24A0171

    In a sharply divided opinion, court reverses malice murder conviction due to failure to instruct jury on voluntary manslaughter

  • Smith et al. v. The State

    Publication Date: 2024-06-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: Christopher Scott Anulewicz, Wayne R. Beckermann, (Bradley Arant Boult Cummings LLP), Atlanta, Douglas Ray McMillan, (Shingler & McMillan LLC), Bainbridge, for appellant.
    for defendant: Joseph Kenneth Mulholland, Christopher Michael Quinn, (South Georgia Judicial Circuit District Attorney’s Office), Bainbridge, for appellee; Lynsey M Barron, (Barron Law LLC), Atlanta, Daniel L. Alban, Anna J. Goodman, (Institute For Justice), Arlington, Paul Oliver, Les A. Schneider, (Wimberly Lawson Steckel Schneider & Stine, P.C.), Atlanta, Thomas Leland Walker, (Vernis & Bowling of Atlanta, LLC), Atlanta, for Amicus Appellant.
    Case Number: S23G0701

    Court reverses and remands civil asset forfeiture case, finding that the State's complaint failed to adequately allege essential elements of theft by taking.

  • Harris v. The State

    Publication Date: 2024-06-25
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Betsey Tate, (Office of the Circuit Public Defender, Southwestern Judicial Circuit), Americus, for appellant.
    for defendant: Lewis Lamb, Cania Brown-Gordon, (Southwestern District Attorney’s Office), Americus, for appellee.
    Case Number: A24A0583

    Court reverses trial court's denial of motion to suppress due to lack of probable cause in a search warrant affidavit to collect evidence from a car's electronic control module

  • State v. Jones

    Publication Date: 2024-06-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Keith Gammage, Steven Rosenberg, (Fulton County Solicitor General), Atlanta, for appellant.
    for defendant: Iqukema Jones, Atlanta, for appellee.
    Case Number: A24A0558

    Court reverses dismissal of traffic offenses, where dismissal was based on the statute of limitations, due to miscalculation of COVID-19 tolling period

  • Ward v. The State

    Publication Date: 2024-06-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Frances Kuo, Atlanta, for appellant.
    for defendant: Benjamin Kenemer, Walter Eddy, (Whitfield County District Attorney’s Office), Dalton, for appellee.
    Case Number: A24A0174

    Court affirms conviction for family violence battery, rejecting defendant's multiple challenges to evidence and jury instructions

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Hall v. The State

    Publication Date: 2024-06-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Lee Fitzpatrick, (Attorney at Law), Woodstock, for appellant.
    for defendant: Fani Willis, Mario Kladis, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: A24A0568

    Court affirms convictions for aggravated assault and related offenses, rejecting challenges to sufficiency of evidence sufficiency and admission of text messages as hearsay

  • Cabrera-Zamarripa v. The State

    Publication Date: 2024-06-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Atlanta, for appellant.
    for defendant: Patsy Austin-Gatson, Clifford Kurlander, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A24A0523

    Court affirms convictions for armed robbery and related offenses, rejecting defendant's challenges to stipulations and jury instructions

  • Shriver v. The State

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Warnock, (Mitchell Warnock, LLC), Dublin, for appellant.
    for defendant: Louie Fraser, Grady Cullens, (Dublin Judicial Circuit District Attorney’s Office), Dublin, for appellee.
    Case Number: A24A0068

    Court affirms denial of motion to dismiss for alleged speedy trial violation, finding that the four-factor Barker-Doggett balancing test did not justify dismissal of an indictment

  • The State v. Youn

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Lisamarie Bristol, Eric Azcoitia, (Gwinnett County Solicitor General), Lawrenceville, Leah Hightower, (Office of the Dekalb County Solicitor General), Decatur, for appellant.
    for defendant: D. Sessions, (The Sessions Law Firm, LLC), Atlanta, Andrew Fleischman, (Sessions & Fleischman), Sandy Springs, for appellee.
    Case Number: A24A0705

    Court reverses suppression of DUI breath sample and allows admission of results of a third test, because second test had calibration issues and did not meet statutory requirements for a test

  • Chaney v. The State

    Publication Date: 2024-06-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: David Walker, Macon, for appellant.
    for defendant: Jonathan Adams, (Office of the District Attorney, Towaliga Judicial Circuit), Jackson, Leslie Tilson, Jessica Haygood, (Towaliga Judicial Circuit), Forsyth, for appellee.
    Case Number: A24A0438

    Court affirms denial of motion to dismiss on speedy trial grounds given the COVID-19 tolling that extended all speedy trial periods