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  • Manning v. The State

    Publication Date: 2018-06-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: David D. Marshall (Law Office of David D. Marshall), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Anna Green Cross, Lenny I. Krick, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S18A0369

    The jury was authorized to reject defendant's self-defense and justification defense and to find him guilty of felony murder and other offenses beyond a reasonable doubt.

  • Puckett v. The State

    Publication Date: 2018-06-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Penny Alane Penn, Sandra Ann Partridge (Forsyth County District Attorney's Office), Cumming; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Sharon Lee Hopkins (Flint Circuit District Attorney's Office), McDonough, for appellee.
    Case Number: S18A0203

    The evidence supported defendant's convictions for malice murder, felony murder and family violence aggravated assault in connection with the shooting death of his father in front of his young son.

  • Cummings v. The State

    Publication Date: 2018-06-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Eric Crawford (Crawford and Boyle, LLC), Monroe, for appellant.
    for defendant: Joshua Smith (District Attorney's Office Augusta Judicial Circuit), Augusta; Natalie Paine (District Attorney), Augusta, for appellee.
    Case Number: A18A0400

    Probative Value of Records Showing Purchases of Precursor Drugs Outweighed Potential Prejudice

  • Palmer v. The State

    Publication Date: 2018-06-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Rachel M. Kaufman (Kaufman Law Firm LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; Anna Green Cross, Sherry Boston (DeKalb County District Attorney's Office), Decatur; Arthur C. Walton, Paul L. Howard Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0426

    The trial court did not err in denying defendant's motion to sever his trial from that of his co-defendant after the two shot an art student taking photographs of graffiti and robbed his friends.

  • 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

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  • Behdadnia v. E.E. Beavers Family Partnership, L.P.

    Publication Date: 2018-06-05
    Practice Area: Civil Procedure | Evidence | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Daniel Meachum (Daniel R. Meachum & Associtate, LLC), Atlanta, for appellant.
    for defendant: Kyler Wise (Wilson Brock & Irby, LLC), Atlanta, for appellee.
    Case Number: A18A0450

    Remand Necessary Where Record Unclear As To What Evidence Trial Court Considered Before Granting Motion to Dismiss

  • The State v. Voyles

    Publication Date: 2018-06-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Donald Donovan (District Attorney), Dallas; Anthony Williams (Assistant District Attorney), Dallas; Ashley Cox, Dallas, for appellant.
    for defendant: Candace Rader (Attorney at Law), Carrollton, for appellee.
    Case Number: A18A0771

    Probative Value of Evidence of Prior Similar DUI Arrests Substantially Outweighed Potential Prejudice

  • McGruder v. The State

    Publication Date: 2018-06-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Johnny Emmett Clyde Vines (McMillian, Rawlings & Howard, LLP), Sandersville, for appellant.
    for defendant: Samuel H. Altman, Kelly Anne Jenkins, Kelly Anne Jenkins (Middle Judicial Circuit District Attorney's Office), Swainsboro; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta, for appellee.
    Case Number: S18A0062

    The evidence supported defendant's convictions for malice murder and other crimes in connection with a drive-by shooting targeting rival gang members.

  • Winston v. The State

    Publication Date: 2018-06-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Jennifer Faith Arndt (Newton County Public Defender's Office), Covington, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Layla Hinton Zon, Melanie McCrorey Bell, Jillilan Rachael Hall (Alcovy Judicial Circuit District Attorney's Office), Covington, for appellee.
    Case Number: S18A0194

    The evidence, although circumstantial, was sufficient to exclude every other reasonable hypothesis save that of guilt and was sufficient to authorize a rational trier of fact to find defendant guilty of the crimes for which he was convicted.

  • Simpkins v. The State

    Publication Date: 2018-06-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Andrew Santos Fleischman (Ross & Pines LLC), Atlanta, for appellant.
    for defendant: Samuel H. Altman, Kelly Anne Jenkins (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: S18A0063

    Defendant's trial counsel was not ineffective in failing to object to evidence of a non-testifying co-defendant's statements as those statements did not violate the Confrontation Clause under Bruton because, standing alone, the statements did not inculpate defendant; rather, they became incriminating only when linked to other evidence introduced later at trial.