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  • Brookins v. The State

    Publication Date: 2022-10-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Josh David Moore, Thea Adele Delage, (Office of the Georgia Capital Defender), Atlanta, Michael Boland Admirand, Katherine L. Moss, (Southern Center for Human Rights), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, Tuttle Wright Barksdale, III, (Ocmulgee Judicial Circuit District Attorney’s Office), Gray, Sydney Elizabeth Segers, (Ocmulgee Judicial Circuit District Attorney’s Office), Milledgeville, for appellee; Anna Marie Arceneaux, (Georgia Resource Center), Atlanta, for other party
    Case Number: S22P0556

    No Error in Jury's Decision to Find Capital Defendant Not "Mentally Retarded" or "Mentally Ill"

  • Lee v. The State

    Publication Date: 2022-10-26
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Lynn M. Kleinrock, (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Patsy A. Austin-Gatson, Clifford Louis Kurlander, (Gwinnett County District Attorney’s Office), Lawrenceville, for appellee.
    Case Number: S22A0720

    Trial Counsel Not Ineffective For Failing to Object to Trial Evidence Presented Against Defendant

  • Fluker v. State

    Publication Date: 2022-10-25
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Ashleigh Merchant, (The Merchant Law Firm, PC), Marietta, Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Leigh Patterson, Finnis Salmon, Ashley Cox, (District Attorney), Rome, for appellee.
    Case Number: A22A1146

    Trial Counsel Was Not Ineffective For Failing to Secure Testimony From Surgeon as to How Many Bullets Struck Victim

  • Williams v. The State

    Publication Date: 2022-10-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: George William Thomas, (Brownstone P.A.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick, (Department of Law), Atlanta, Joshua Bradley Smith, Jared Tolton Williams, (Augusta Judicial Circuit District Attorney’s Office), Augusta, for appellee.
    Case Number: S22A0794

    No Speedy Trial Rights Violation Where Defendant Waited Until Shortly Before Trial to Assert Rights and Failed to Show Prejudice

  • The State v Burton

    Publication Date: 2022-10-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Timothy Patrick Dean, Shalena Cook Jones, (Eastern Judicial Circuit District Attorney’s Office), Atlanta, Paula Khristian Smith, Patricia B. Attaway Burton, Christopher M. Carr, (Department of Law), Atlanta, for appellant.
    for defendant: Martin Gregory Hilliard, (Martin G. Hilliard PC), Savannah, for appellee.
    Case Number: S22A0684

    State Failed to Show 16-Year-Old Defendant Knowingly and Voluntarily Waived His Miranda Rights

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    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • Torres v. The State

    Publication Date: 2022-10-10
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Joshua Sabert Lowther, Bingzi Hu, (Lowther Walker LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, Charles Keith Higgins, Benjamin E. Gephardt, (Brunswick Judicial Circuit District Attorney’s Office), Brunswick, for appellee.
    Case Number: S22A0659

    Defendant's Statements to Investigators Were Given Voluntarily and Were Not Induced by Hope of Benefit

  • Mitchell v. The State

    Publication Date: 2022-10-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: William Davis Hewitt, (Davis Hewitt Law Firm), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill, (Department of Law), Atlanta, Deborah D. Wellborn, Lenny I. Krick, Sherry Boston, Destiny H. Bryant, Buffy Dionne Thomas, (Dekalb County District Attorney’s Office), Decatur, for appellee.
    Case Number: S22A0771

    Custodial Statements to Police Were Not Induced by Fear of Injury or Hope of Benefit Reprimand Appropriate Sanction

  • Peacock v. The State

    Publication Date: 2022-10-04
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Pinson
    Attorneys: For plaintiff: Matthew Kyle Winchester, (Law Offices of Matthew K. Winchester), Atlanta, Jason Michael McLendon, (McLendon Law Firm, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, Meghan Hobbs Hill, (Department of Law), Atlanta, James Linder Prine, Michelle Thomas Harrison, Bradfield M. Shealy, (Southern Judicial Circuit District Attorney’s Office), Valdosta, for appellee.
    Case Number: S22A0578

    Warrant For Search of Home Authorized Search of Vehicle Parked in Curtilage

  • Reed v. State

    Publication Date: 2022-10-04
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Randall Paul Sharp, (Sharp Georgia Law Firm), Smyrna, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Parisia Faith Sarfarazi, (Department of Law), Atlanta, Fani T. Willis, Lyndsey Hurst Rudder, Aslean Zachary Eaglin, Juliana Sleeper, Karen S. Bemis, Kevin Christopher Armstrong, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: S22A0530

    Defendant Failed to Show Prejudice Resulting From His Absence From Numerous Bench Conferences During Tria

  • Harvard v. The State

    Publication Date: 2022-09-27
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Mickey Waller, (Mickey E. Waller, PC), Moultrie, for appellant.
    for defendant: Catherine Smith, (Assistant District Attorney), Thomasville, Bradfield Shealy, (District Attorney Southern Judicial Circuit), Valdosta, for appellee.
    Case Number: A22A1142

    Defendant Failed to Show Prejudice From Trial Counsel's Failure to Call Expert Witness to Challenge Forensic Interviews of Victims