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Publication Date: 2018-03-28
Practice Area: Criminal Law | Evidence
Industry:
Court: Georgia Court of Appeals
Judge: Chief Judge Dillard
Attorneys: For plaintiff: Jeffrey Peil (Huggins Peil LLC), Evans, for appellant.
for defendant: Randal McGinley (Newton County District Attorney's Office), Covington, for appellee.
Case Number: A17A1982
The evidence supported defendant's convictions for armed robbery, kidnapping with bodily injury, hijacking a motor vehicle, possession of a firearm during the commission of a felony, financial-transaction-card fraud, battery and possession of a firearm by a convicted felon during a crime and the trial court did not reversibly err in admitting certain evidence regarding a co-defendant's father's attempt to bribe the victim.
Publication Date: 2018-03-28
Practice Area: Criminal Law | Evidence
Industry:
Court: Georgia Court of Appeals
Judge: Chief Judge Dillard
Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
for defendant: Anne Allen (Assistant District Attorney), Carrollton; Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.
Case Number: A17A1554
The trial court did not abuse its discretion in excluding certain evidence defendant sought to admit in his trial for child molestation and aggravated sexual battery of his minor granddaughter because the proposed evidence did not comport with the narrow exception to Georgias Rape Shield statute.
Publication Date: 2018-03-28
Practice Area: Criminal Law | Evidence
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys: For plaintiff: Jeffrey Peil (Huggins Peil LLC), Evans, for appellant.
for defendant: David White (District Attorney), Hartwell; Meghan Bowden (Northern Judicial Circuit District Attorney's Office), Elberton, for appellee.
Case Number: A17A1593
The evidence supported defendant's convictions for two counts of first-degree arson, concealing the death of another and three counts of theft by bringing stolen property into the State and defense counsel was not deficient in failing to object to statements the prosecutor made during closing argument, as the statements were not improper.
Publication Date: 2018-03-27
Practice Area: Criminal Law | Evidence
Industry:
Court: Georgia Court of Appeals
Judge: Chief Judge Dillard
Attorneys: For plaintiff: Bruce Harvey (Attorney at Law), Atlanta, for appellant.
for defendant: Paul Howard (District Attorney), Atlanta; Bradley Malkin (Fulton County District Attorney's Off.), Atlanta; Marc Mallon (Senior Assistant District Attorney), Atlanta, for appellee.
Case Number: A17A1360
The trial court properly sentenced defendant as a recidivist under O.C.G.A. § 17-10-7 following his guilty plea to three counts of burglary, one count of criminal attempt to commit burglary and four counts of burglary in the first degree.
Publication Date: 2018-03-27
Practice Area: Criminal Law | Evidence
Industry:
Court: Georgia Court of Appeals
Judge: Chief Judge Dillard
Attorneys: For plaintiff: Reid Kennedy (Attorney at Law), Marietta, for appellant.
for defendant: John Edwards (District Attorney's Office, Cobb Judicial Circuit), Marietta; Shepard Orlow (Assistant District Attorney Cobb County District Attorney's Office), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
Case Number: A17A1728
The trial court did not err in resentencing defendant on remittitur after concluding, sua sponte, that the sentence entered on defendant's conviction for trafficking in methamphetamine was void because he had been sentenced under the wrong [C]ode section.
Law Journal Press | Digital Book
Authors: Don Tittle, Debbie Branscum
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Publication Date: 2018-03-26
Practice Area: Criminal Law | Evidence
Industry:
Court: Georgia Court of Appeals
Judge: Judge Doyle
Attorneys: For plaintiff: Jeffery Hunt (Assistant District Attorney Coweta Judicial Circuit), Carrollton; Douglas Vassy (Solicitor General Carroll County Courthouse), Carrollton; Christopher Keegan (Coweta Judicial Circuit District Attorney's Office), Carrollton, for appellant.
for defendant: Jerry Pilgrim (The Pilgrim Law Group LLC), Villa Rica, for appellee. Gary Bergman (Prosecuting Attorneys' Council of Georgia), Morrow, for amicus curiae.
Case Number: A17A2127
The trial court erred in granting indictee's motion to quash the indictment against him, as he failed to carry his burden of showing that the evidence on which the indictment was returned was based on wholly incompetent evidence.
Publication Date: 2018-03-21
Practice Area: Criminal Law | Evidence
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge Ellington
Attorneys: For plaintiff: Rafe Banks (Banks, Stubbs & McFarland, LLP), Cumming, for appellant.
for defendant: William Finch (Solicitor General of Forsyth County), Cumming; Jeffrey Huong (Forsyth County Solicitor General Office), Cumming, for appellee.
Case Number: A17A2085
The trial court properly admitted evidence of defendant's refusal to submit to breath testing and evidence of his horizontal gaze nystagmus test in his trial for DUI.
Publication Date: 2018-03-16
Practice Area: Criminal Appeals | Criminal Law | Evidence
Industry:
Court: Georgia Supreme Court
Judge: Chief Justice Hines
Attorneys: For plaintiff: Deborah Lorraine Leslie (The Leslie Group, LLC), Jonesboro, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Jason Matthew Rea (Department of Law), Atlanta; Elizabeth A. Baker, Tracy Graham Lawson (Clayton County District Attorney's Office), Jonesboro, for appellee.
Case Number: S17A1641
The evidence supported defendant's convictions for felony murder while in the commission of aggravated assault and possession of a firearm during the commission of a felony and the trial court did not reversibly err in declining to instruct the jury on the lesser included offense of voluntary manslaughter, as the evidence did not support such a charge.
Publication Date: 2018-03-15
Practice Area: Criminal Law | Evidence
Industry:
Court: Georgia Supreme Court
Judge: Justice Peterson
Attorneys: For plaintiff: Konrad Gerhard Waldemar Ziegler, Christopher Ryan Lee (Lee & Ziegler, LLP), Canton, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Matthew Min-soo Youn, Christopher M. Carr (Department of Law), Atlanta; Michael Scott Carlson, John Stuart Melvin, D. Victor Reynolds, John Richard Edwards (Cobb County District Attorney's Office), Marietta, for appellee.
Case Number: S17A1646
The evidence supported defendants' convictions for malice murder and other crimes in connection with a planned robbery that turned fatal and the trial court properly admitted a former police informant's testimony about statements one of the defendants made to him while they were in jail together, as the former informant was not acting as a government agent at that time.
Publication Date: 2018-03-14
Practice Area: Criminal Law | Evidence
Industry:
Court: Georgia Supreme Court
Judge: Justice Peterson
Attorneys: For plaintiff: Genevieve Holmes (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., Marc A. Mallon, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
Case Number: S17A1585
The trial court did not reversibly err in its jury charges in defendant's trial for malice murder and other charges stemming from the robbery and fatal shooting of a Fulton County convenience store clerk.
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