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  • Flowers v. The State

    Publication Date: 2018-05-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Jessica Ruth Towne (Jessica R. Towne P.C.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Meghan Hobbs Hill, Christopher M. Carr (Department of Law), Atlanta; Daniel J. Porter, Lee Franklin Tittsworth, Robert David Wolf (Gwinnett County Office of the District Attorney), Lawrenceville, for appellee.
    Case Number: S18A0241

    The evidence supported defendant's convictions for murder and armed robbery after he robbed and shot a drug dealer.

  • Dorsey v. The State

    Publication Date: 2018-05-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Robert Gerald O'Melveny (Chattahoochee Jucicial Circuit Public Defenders), Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-soo Youn (Department of Law), Atlanta; Julia Anne Fessenden Slater, Christopher D'Oyen Williams (Chattahoochee Judicial Circuit District Attorney's Office), Columbus, for appellee.
    Case Number: S18A0121

    The evidence supported defendant's convictions for malice murder and possession of a firearm during the commission of a felony, as the jury was authorized to reject defendant's claim that he was provoked into shooting the victim or that he acted in self-defense.

  • Blount v. The State

    Publication Date: 2018-05-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: William Alexander McQueen (McQueen Law Office LC), Athens, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Jon Richard Forwood, Kenneth W. Mauldin, Brian Vance Patterson (Western Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: S18A0201

    The evidence supported defendant's convictions for murder and related offenses arising out of a drive-by shooting and defendant failed to demonstrate that he received ineffective assistance of counsel.

  • Leanos v. The State

    Publication Date: 2018-05-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Arturo Corso (The Corso Law Center LLC), Gainesville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Lee Darragh, Shiv Sachdeva (Northeastern Circuit District Attorney's Office), Columbus, for appellee.
    Case Number: S18A0528

    The evidence supported defendant's convictions for felony murder and other crimes in connection with the killing of a taxi driver.

  • Lanham v. The State

    Publication Date: 2018-05-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jessica Benjamin, Athens, for appellant.
    for defendant: Joshua Smith (District Attorney's Office Augusta Judicial Circuit), Augusta; Henry Syms (Office of the District Attorney), Augusta, for appellee.
    Case Number: A18A0644

    The Court affirmed defendant's rape conviction, holding that the trial court properly denied his motion for new trial because he failed to prove his ineffective assistance of counsel claims.

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  • Colbert v. The State

    Publication Date: 2018-05-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Clark, Lawrenceville; Victoria Novak (Chattahoochee Judicial Circuit Public Defenders of), Columbus, for appellant.
    for defendant: Scott Ballard (District Attorney), Griffin; Benjamin Coker (District Attorney), Thomaston; Robert Smith (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.
    Case Number: A18A0361

    The Court affirmed defendant's convictions for two counts of armed robbery, one count of aggravated assault, two counts of possession of a firearm during the commission of a felony, one count of aggravated battery, and one count of hijacking a motor vehicle but vacated one aggravated assault count, as the trial court erred in failing to merge that count with one of the armed robbery counts, and thus remanded for resentencing.

  • Williams v. The State

    Publication Date: 2018-05-10
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Chaunda Brock (Brock Law LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Marc A. Mallon (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0001

    The trial court did not abuse its discretion in denying defendants motion to obtain funds for an expert witness in his murder trial arising from the death of his girlfriends 4-year-old son, as defendant did not provide sufficient information to allow the trial court to make an informed decision about his need for assistance.

  • Gibbs v. The State

    Publication Date: 2018-05-09
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Forrest K. Shealy, Marietta, for appellant.
    for defendant: Michael Scott Carlson, Amelia Greeson Pray, D. Victor Reynolds, Jaret Teague Usher (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17G1343

    The Court of Appeals properly affirmed the trial courts denial of defendant's motion for new trial based on ineffective assistance of counsel, as he could not show a reasonable probability that the outcome of the trial would have been different absent trial counsel's alleged deficiencies, in light of the strong evidence of his guilt.

  • Lynn v. The State

    Publication Date: 2018-05-07
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Donald Samuel (Garland Samuel & Loeb PC), Atlanta, for appellant.
    for defendant: Michael Mahoney (Office of the District Attorney, Bell-Forsyth Judicial Circuit), Cumming, for appellee.
    Case Number: A17A2117

    The trial court reversibly erred in excluding certain testimony as hearsay, because the evidence was not hearsay, as it was not offered to prove the truth of the matter asserted but rather to show its effect on defendant's state of mind and its impact on his later actions; the evidence was relevant; and it was not cumulative of other admitted evidence.

  • Canelas v. The State

    Publication Date: 2018-05-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Eric Crawford (Crawford and Boyle LLC), Monroe, for appellant.
    for defendant: Rosanna Szabo (Solicitor-General), Lawrenceville; Samuel D'Entremont (Gwinnett County Solicitor-General's Office), Lawrenceville; Nicole Wong (Gwinnett County Solicitor's Office), Lawrenceville, for appellee.
    Case Number: A18A0764

    The Court affirmed defendant's convictions for DUI-less safe and DUI per se following a single-vehicle motorcycle crash but reversed his conviction for driving without a valid license, as the evidence did not support that conviction.