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  • Anthony v. The State

    Publication Date: 2018-04-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Michael Harvey Saul, Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Vanessa Therese Meyerhoefer, Christopher M. Carr, John Stuart Melvin (Cobb County District Attorney's Office), Marietta; Michael Scott Carlson, John Richard Edwards, Jesse David Evans, D. Victor Reynolds, John Stuart Melvin (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17A1722

    The evidence supported defendants' convictions for murder after they beat a man and left him unconscious on a darkened roadway, where he was struck by a car and killed, but did not support defendants' convictions for criminal gang activity involving an affray, as there was no evidence that the victim was a willing participant in a fight.

  • Hood v. The State

    Publication Date: 2018-04-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Veronica M. O'Grady (GPDC Appellate Division), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta; Deborah D. Wellborn, Anna Green Cross, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S17A1753

    The evidence supported defendant's convictions for felony murder and other crimes in connection with the shooting death of one person and the aggravated assault of another during a drug deal and the trial court did not plainly err in its jury charges.

  • In the Interest of K. M., a child.

    Publication Date: 2018-04-09
    Practice Area: Evidence | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Lee Ashmore (The Law Office of Lee S. Ashmore), Brunswick, for appellant.
    for defendant: William Ashe (Attorney at Law), Woodbine, for appellee. Miles Hendrix (Attorney at Law), Kingsland, for other party.
    Case Number: A17A1747

    Juvenile Court Should Have Applied Clear and Convincing Standard in Determining Whether to Terminate Guardianship of Minor With Non-Parents

  • Greene v. The State

    Publication Date: 2018-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Amy Lee Ihrig (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Margaret Ellen Heap, Emily Catherine Puhala (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S17A1349

    The trial court did not reversibly err in admitting certain evidence in defendant's murder trial and the evidence supported his convictions.

  • Eller et al. v. The State

    Publication Date: 2018-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Matthew K. Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Aimee F. Sobhani, Christopher M. Carr (Department of Law), Atlanta; Rosemary M. Greene, Sharon Moyer Fox, Paula Khristian Smith, Elizabeth Marian York (Cherokee Judicial Circuit District Attorney's Office), Calhoun, for appellee.
    Case Number: S17A1549

    The evidence sufficiently supported a brother and sister's convictions for killing the sister's boyfriend and leaving his body in the back of his abandoned truck and although the trial court erred in allowing the alternate jurors to retire with the other jurors during deliberations, defendants failed to show that the error harmed them.

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  • Douglas v. The State

    Publication Date: 2018-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Leon Hicks (Leon Hicks and Associates, P.C.), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Elizabeth A. Baker, Jay Marvin Jackson, Tracy Graham Lawson (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A1348

    Although the trial court properly denied defendant's motion to suppress certain evidence and did not reversibly err in admitting other evidence, the trial court did err in the sentences it imposed on defendant's convictions for malice murder and other offenses; accordingly, the Court affirmed the convictions but partially vacated the sentence and remanded for resentencing.

  • Perez v. The State

    Publication Date: 2018-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Amy Lee Ihrig (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Matthew Breedon (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S17A1370

    The evidence supported defendant's convictions for malice murder and other crimes after he fatally shot his wife's lover and the trial court did not reversibly err in admitting a hearsay statement from the deceased victim, in light of the overwhelming evidence of defendant's guilt.

  • Byron v. The State

    Publication Date: 2018-04-05
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Michael Walter Gowen (Tifton Judicial Circuit Public Defender's Office), Tifton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Clifford Paul Bowden, Robert Alan Rogers, Jennifer Dawn Hart (Tifton Judicial Circuit District Attorney's Office), Tifton; Kevin Eugene Hutto (Office of the District Attorney), Tifton, for appellee.
    Case Number: S17A1555

    The evidence supported defendant's convictions for malice murder and other crimes arising from an argument in the parking lot of a club and defendant failed to prove his ineffective assistance of counsel claims.

  • Tanner v. The State

    Publication Date: 2018-04-04
    Practice Area: Criminal Law | Evidence | Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Teddy Lee Henley (Rome Circuit Public Defender's Office), Rome, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Herbert McIntosh Poston Jr. (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: S17A1417

    The evidence supported defendant's convictions for malice murder and other crimes and he failed to show any actual conflict of interest that adversely affected his lawyers performance in support of his argument that he was denied his Sixth Amendment right to conflict-free counsel at trial.

  • Morris v. The State

    Publication Date: 2018-04-04
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: John Walter Kraus (Office of the Public Defender), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Vanessa Therese Meyerhoefer, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Joshua Daniel Morrison (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1402

    The trial court did not plainly err in its jury instructions in defendant's murder trial in connection with the shooting death of his roommate.