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  • Bowser v. The State

    Publication Date: 2022-01-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Calvin Bowser, Daly City, for appellant.
    for defendant: Flynn Broady, Samuel D'entremont, (District Attorney Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A21A1583

    Criminal defendant's pro se motion to appeal was a legal nullity because his counsel never submitted a petition to withdraw and defendant was still represented by counsel

  • Grullon v. The State

    Publication Date: 2021-12-30
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Stephen Elijah Brown-Bennett, (Taylor Lee & Associates, LLC), Norcross, for appellant.
    for defendant: Patsy A. Austin-Gatson, Norris S. Lewis, Jr., Christopher Mark DeNeve, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee; Michael Wayne Tarleton, (Tarleton Law, LLC), Atlanta, Clifford Louis Kurlander, (Gwinnett County District Attorney's Office), Lawrenceville, for Neutral Amicus.
    Case Number: S21G0485

    Defendant Did Not Affirmatively Waive Claim That Trial Court Gave Erroneous Instruction on Deliberate Ignorance

  • Schoicket v. The State

    Publication Date: 2021-12-02
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Clifford Louis Kurlander, (Georgia Public Defender Council Appellate Division), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Randal Matthew McGinley, Walter Cliff Howard, (Alcovy Judicial Circuit District Attorney’s Office), Monroe, for appellee.
    Case Number: S21A0840

    Grant of Out-of Time Appeal Did Not Automatically Entitle Defendant to Grant of Otherwise Untimely Motion to Withdraw Plea

  • Jones v. The State

    Publication Date: 2021-11-09
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Timothy Craig Head, Jr., (Waycross Judicial Circuit Defender’s Office), Waycross, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, George Elemuel Barnhill, (Waycross Judicial Circuit District Attorney’s Office), Waycross, Joshua Timothy Brockington, (Waycross Judicial Circuit District Attorney’s Office), Jesup, for appellee.
    Case Number: S21A1014

    Right to Raise Issue on Appeal Was Waived After Trial Counsel Declined Trial Court's Offer to Give Curative Instruction

  • Tyson v. The State

    Publication Date: 2021-10-29
    Practice Area: Criminal Appeals | Criminal Law | Tax
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Boggs
    Attorneys: For plaintiff: Leigh Stevens Schrope, Elizabeth Ann Brandenburg, (Law Firm of Shein & Brandenburg), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Alex Martin Bernick, (Department of Law), Atlanta, David Parks White, (Northern Judicial Circuit District Attorney's Office), Hartwell, for appellee.
    Case Number: S21A0774

    Lack of Complete Transcription of Jury Voir Dire in Appeal Record Did Not Deprive Appellant of Due Process Rights

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  • Mahdi v. The State

    Publication Date: 2021-10-15
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Mustafa Mahdi, (Rutledge State Prison), Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, (Department of Law), Atlanta, Christopher M. Carr, (Office of the Attorney General), Atlanta, Elizabeth A. Baker, (Fayette County District Attorney's Office), Fayetteville, Daniel A. Hiatt, (Griffin Judicial Circuit District Attorney's Office), Fayetteville, Marie Greene Broder, (Griffin Judicial Circuit District Attorney's Office), Thomaston, for appellee.
    Case Number: S21A0740

    Failure to Raise Attorney Ineffectiveness Claim in Motion For New Trial Precluded Raising Issue on Direct Appeal

  • Head v. The State

    Publication Date: 2021-10-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Clifford Kurlander, (Georgia Public Defender Council - Appellate Division Stone Mountain Conflict Defender Office), Decatur, for appellant.
    for defendant: Deborah Gonzalez, (Western Judicial Circuit, DA), Athens, Melissa Himes, (Brunswick Judicial Circuit), Jesup, for appellee.
    Case Number: A21A1053

    Court affirms denial of motion to file an out-of-time appeal to a negotiated guilty plea where defendant argued ineffective assistance of plea counsel

  • Cantrell v. The State

    Publication Date: 2021-10-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: James Luttrell, (Attorney at Law), Canton, for appellant.
    for defendant: Lee Darragh, (District Attorney, NEJC of GA), Gainesville, Shiv Sachdeva, (Northeastern Circuit District Attorney), Gainsville, for appellee.
    Case Number: A21A0828

    Court affirms denial of a motion to withdraw a guilty plea to attempted murder over defendant's claims of ineffective assistance and that her plea was not knowingly made

  • Mobuary v. The State

    Publication Date: 2021-09-21
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Jason Darius Mobuary, (Johnson State Prison), Wrightsville, for appellant.
    for defendant: Paul L. Howard, Jr., Atlanta, Lyndsey Hurst Rudder, Marc A. Mallon, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S21G0167

    Certiorari Grant Appropriate To Demonstrate Tolling Effect of Statewide Judicial Covid Emergency Orders

  • Sims v. The State

    Publication Date: 2021-09-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: Stacey B. Sims, Oglethorpe, for Appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Michael Alexander Oldham, (Department of Law), Atlanta, Christopher M. Carr, (Office of the Attorney General), Atlanta, Patrick Warren, Bryce Alan Johnson, (Tift Judicial Circuit District Attorney's Office), Tifton, for appellee.
    Case Number: S21A0587

    Court affirms a trial court's dismissal of defendant's out-of-time motion to withdraw a guilty plea because the trial court lacked jurisdiction to hear that motion.