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  • Wade v. The State

    Publication Date: 2018-07-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Matthew K. Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Michael Alexander Oldham, Christopher M. Carr (Department of Law), Atlanta; Anna Green Cross, Sherry Boston, Otobong U. Ekpo (DeKalb County District Attorneys Office), Decatur, for appellee.
    Case Number: S18A0327

    Although the evidence supported defendant's convictions for murder and related offenses arising out of the beating death of his girlfriend's 18-month-old son, the Court vacated his sentence and remanded for resentencing because the trial court erred in failing to merge certain counts.

  • Ware v. The State

    Publication Date: 2018-07-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Mary Katherine Durant (Durant Law LLC), Stone Mountain, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Natalie Spires Paine, John Marriott Markwalter (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.
    Case Number: S18A0028

    The evidence supported defendant's convictions for felony murder and other crimes in connection with the shooting death of his wife and the trial court did not err in failing to give a jury instruction on voluntary manslaughter, as the evidence did not support such a charge.

  • Gadson v. The State

    Publication Date: 2018-07-13
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Tyler R. Conklin (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Arthur C. Walton, Arthur C. Walton (Fulton County Courthouse), Atlanta, for appellee.
    Case Number: S18A0123

    Murder defendant failed to show harm resulting from the trial court's error in failing to give a certain jury charge and thus failed to prove plain error.

  • Cope v. The State

    Publication Date: 2018-07-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Steven Lee Sparger, Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Margaret Ellen Heap, Emily Catherine Puhala (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S18A0313

    The evidence supported defendant's convictions related to the death of his brothers' roommate and the trial court did not err in admitting two statements defendant made to police after the murder.

  • Huff v. The State

    Publication Date: 2018-07-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Philip Clark (Western Judicial Circuit Public Defender), Athens, for appellant.
    for defendant: Jeffrey Kwiatkowski (Office of the District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A18A0073

    The trial court erred in denying defendant's motion to suppress evidence of a handgun that was found in a backpack after he was arrested because State failed to meet its burden to prove that the warrantless search of defendant's backpack was lawful.

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  • Rickman v. The State

    Publication Date: 2018-07-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Jason Allan Fisher (Georgia Public Defender Council), Rome, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Leigh Ellen Patterson, Kayleigh Ann Carter (Floyd County District Attorney's Office), Rome, for appellee.
    Case Number: S18A0841

    The trial court did not abuse its discretion in admitting into evidence at defendant's murder trial photographs showing a re-creation of the crime scene with police officers posing at the shooter and the victim.

  • Stephens v. Castano-Castano

    Publication Date: 2018-06-27
    Practice Area: Contractual Disputes | Evidence | Personal Injury
    Industry: Health Care | Insurance | Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Robert Butler (Leitner, Williams, Dooley & Napolitan, PLLC), Atlanta; Nicole Leet, Michael Rust (Gray Rust St. Amand Moffett Brieske, LLP), Atlanta; Michael Newton (Leitner, Williams, Dooley & Napolitan), Chattanooga; Charles Hoey (Drew Eckl & Farnham LLP), Atlanta, for appellant.
    for defendant: Charles Cork (Attorney at Law), Decatur; Jeffrey Yashinsky (The Yashinsky Law Group), Roswell, for appellee. Kristin L. Pierson, Atlanta; Kristin Pierson (Bendin, Sumrall & Ladner, LLC), Atlanta, for amicus curiae.
    Case Number: A18A0100

    Defendant Should Have Been Allowed to Introduce Evidence of Treating Physician's Financial Interest in Personal Injury Action

  • In The Interest of A. B. et al., children.

    Publication Date: 2018-06-22
    Practice Area: Evidence | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Abdulhakim Saadiq (Saadiq & Associates LLC), Decatur, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Penny Hannah (Assistant Attorney General), Atlanta; Shalen Nelson (Senior Assistant Attorney General), Atlanta, for appellee. Margaret Riley (Fulton County Office of the Child Attorney), Atlanta; Steven Lindenblatt, Atlanta; Reginald Williams (Renaissance Events Inc.), Atlanta, for other party.
    Case Number: A18A0388

    Termination of Parental Rights Lacked Supprt of Testimony As to Potential Harm to Children

  • Noble v. Noble

    Publication Date: 2018-06-21
    Practice Area: Evidence | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Meredith Lowry (Caldwell & Lowry), Thomaston, for appellant.
    for defendant: Lance Owen (Johnston Owen & Bullard LLP), Griffin, for appellee.
    Case Number: A18A0617

    Free College Tuition Was Not Fringe Benefit To Be Included in Party's Gross Income

  • Szorcsik v. The State

    Publication Date: 2018-06-18
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Troy Edward Golden, John Robert Mobley II, John G. Wolinski (Dougherty Circuit Public Defender's Office), Tifton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Clifford Paul Bowden (Tifton Judicial Circuit District Attorney's Office), Tifton, for appellee.
    Case Number: S18A0461

    The trial court did not err in concluding that, under the totality of the circumstances, defendant knowingly and voluntarily waived his previously-invoked right to counsel after choosing to reinitiate communication with law enforcement officials.