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  • Carter v. The State

    Publication Date: 2017-10-31
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Hunstein
    Attorneys: For plaintiff: John Clayton Culp (Waycross Circuit Public Defender), Waycross, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; George Elemuel Barnhill, Ian Louis Sansot (Waycross Judicial Circuit District Attorney's Office), Douglas, for appellee.
    Case Number: S17A1126

    In defendant's trial for malice murder and other crimes, the trial court did not abuse its discretion in allowing State to admit into evidence a recorded conversation in which defendant and a third party discussed the crimes at issue and the evidence supported defendant's convictions.

  • Faust v. The State

    Publication Date: 2017-10-31
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Stanley W. Schoolcraft III (Office of the Public Defender), McDonough, 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., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1177

    The evidence supported defendant's convictions for felony murder while in the commission of an aggravated assault and possession of a firearm during the commission of a felony after he shot and killed a man who was selling shoes out of his car.

  • Taylor v. The State

    Publication Date: 2017-10-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Benham
    Attorneys: For plaintiff: Larry L. Duttweiler, Gainseville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Lee Darragh, Wanda Lynn Vance (Northeastern Circuit District Attorney's Office), Gainesville, for appellee.
    Case Number: S17A1033

    In defendant's murder trial, the trial court did not abuse its discretion in allowing State to cross-examine defendant about an altercation with his girlfriend that resulted in the girlfriend kicking him out of her car because he punched her in the face, as defendant had testified dishonestly about the reasons why his girlfriend kicked him out of her car and so the evidence was admissible for impeachment purposes.

  • Moran v. The State

    Publication Date: 2017-10-25
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Benham
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, 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), Gainesville, for appellee.
    Case Number: S17A0967

    The evidence supported defendant's convictions for malice murder and related crimes and the trial court did not err in admitting photographs of text messages on defendant's cell phone, as defendant had executed a Fourth Amendment waiver as a condition of her probation for other crimes and there was reasonable suspicion that defendant was involved in a murder.

  • Williams v. The State

    Publication Date: 2017-10-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Peterson
    Attorneys: For plaintiff: Wallace Carter Clayton II (Jones, Morrison & Womack, PC.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Michael Alexander Oldham, Christopher M. Carr (Department of Law), Atlanta; Michael Scott Carlson, D. Victor Reynolds (Cobb County District Attorney's Office), Marietta; Gregg M. Jacobson (Chamberlain, Hrdlicka, White, Williams and Aughtry), Atlanta, for appellee.
    Case Number: S17A0764

    The evidence supported defendant's conviction for the malice murder of his wife and any error in the trial court's decisions to admit evidence of defendant's prior bad acts and allow State to perform a demonstration was harmless in light of the overwhelming evidence of guilt.

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  • The State v. Wilkins

    Publication Date: 2017-10-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: Jerome M. Rothschild Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta, for appellant.
    for defendant: Robert Warren Attridge Jr. (Law Offices of Robert W. Attridge Jr. PA), Tybee Island; Robert Lawrence Persse (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S17A0873

    The trial court did not abuse its discretion in granting defendant's pretrial motion in limine to exclude incriminating statements his co-defendant made with regard to a double murder, as the evidence supported the trial court's conclusion that the co-defendant did not make the challenged statements "in furtherance of the conspiracy" and the statements, therefore, did not fall within the exception to the hearsay rule provided by O.C.G.A. 24-8-801 subsection (d) (2) (E).

  • Davis v. The State

    Publication Date: 2017-10-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Leigh Ann Webster (Strickland Webster, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Michelle Haase, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A0949

    The evidence supported defendant's convictions for malice murder, criminal attempt to commit armed robbery, aggravated assault with a deadly weapon, possession of a firearm by a convicted felon and possession of a firearm during the commission of a felony and defendant failed to prove his several ineffective assistance of counsel claims.

  • Spencer v. The State

    Publication Date: 2017-10-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: Thomas James Thomas, Thomas Webb & Willis, Atlanta, for appellant.
    for defendant: John Andrew Pipkin III, William Barney Kennedy III, Meredith Chafin Florio (Henry County Solicitor General's Office), McDonough for appellee.
    Case Number: S16G1751

    The Court of Appeals erred in holding that the trial court properly admitted a police officer's testimony correlating the results of a Horizontal Gaze Nystagmus test with a numeric blood alcohol content; accordingly, the Supreme Court reversed the Court of Appeals' decision affirming defendant's DUI-less safe conviction.

  • Rebel Auction Co., Inc. v. The Citizens Bank

    Publication Date: 2017-10-19
    Practice Area: Civil Appeals | Evidence | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: John Smith (Young Thagard Hoffman, Smith & Lawrence), Valdosta, for appellant.
    for defendant: Markie Perry (Cowart & Perry, LLP), Valdosta; Clifford Kirbo (The Kirbo Law Firm), Moultrie, for appellee.
    Case Number: A17A0938

    The trial court erred in granting bank's motion for summary judgment but properly denied defendant's motion for summary judgment in a suit arising out a default on two promissory notes.

  • Davis v. The State

    Publication Date: 2017-10-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Stephen Scarborough (Stephen R. Scarborough, P.C.), Atlanta, for appellant.
    for defendant: Elizabeth Baker (Clayton County District Attorney, Clayton County District Attorney's Office), Jonesboro; Tracy Lawson (District Attorney), Jonesboro; Kathryn Powers (Assistant District Attorney), Jonesboro, for appellee.
    Case Number: A17A1008

    The trial court did not abuse its discretion in allowing State to present evidence that defendant had previously infected another a person with HIV in his trial for two counts of reckless conduct in violation of O.C.G.A. 16-5-60 subsection (c) arising after he infected another with HIV.