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  • Jones v. The State

    Publication Date: 2018-05-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Louis M. Turchiarelli, Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; John Richard Edwards, D. Victor Reynolds (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S18A0263

    Evidence That Defendant Chambered Shotgun Shell and Then Pulled Trigger Supported Finding of Malice

  • In the Matter of Miguel Angel Garcia, Jr.

    Publication Date: 2018-05-08
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: William Jacob Cobb, Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Miguel Angel Garcia Jr. (Miguel A Garcia Jr Attorney at Law LLC), Macon, for appellee. Herman Maddox Kilgore (Kilgore & Rodriguez LLC), Marietta, for other party.
    Case Number: S18Y0158

    Disbarment Was Appropriate For Attorney Who Violated Numerous Rules of Conduct and Failed to Respond to Disciplinary Notices

  • The State v. Abbott

    Publication Date: 2018-05-01
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Joshua Bradley Smith, Henry Wayne Syms Jr., Tyler McKenzie Gray (Augusta Judicial Circuit District Attorney's Office), Augusta; Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for appellant.
    for defendant: Ricardo Bravo (Law Offices of Ricardo Bravo LLC), Augusta; Charles R. Sheppard, Evans, for appellee.
    Case Number: S17A1583

    The trial court properly suppressed defendant's pre-Miranda warning statements to investigators but applied the wrong legal standard in suppressing his post-Miranda statements, which the trial court determined resulted from an improper interrogate first, warn later procedure.

  • The State v. Aduka

    Publication Date: 2018-04-30
    Practice Area: Criminal Appeals | Immigration Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Deborah D. Wellborn, Sherry Boston, Anna Green Cross (DeKalb County District Attorney's Office), Decatur, for appellant.
    for defendant: Akintunde A. Akinyele (Akinyele Law Firm LLC), Decatur; Akinwunmi Doherty (The Doherty Law Firm), Atlanta, for appellee.
    Case Number: S17A1717

    The Court reversed the grant of appellee's petition for a writ of habeas corpus, finding that the trial court erred in ruling that plea counsel was deficient in advising his noncitizen client that he could be deported, rather than informing him that he would be deported if he entered the plea in question, because the law was not succinct and straightforward at the time.

  • Robinson v. The State

    Publication Date: 2018-04-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Margaret Elizabeth Heinen (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Rosemary M. Greene, Sharon Moyer Fox (Cherokee Judicial Circuit District Attorney's Office), Cartersville, for appellee.
    Case Number: S17A1903

    The evidence supported defendant's convictions for malice murder, two counts of felony murder, attempted armed robbery, possession of a firearm in commission of a felony and possession of a firearm by a convicted felon and there was ample evidence corroborating the accomplice's testimony.

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  • McKoy v. The State

    Publication Date: 2018-04-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Thomas McKee West (Thomas M. West, Attorney at Law), Bethlehem, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Vanessa Therese Meyerhoefer (Department of Law), Atlanta; Brian Keith Fortner; Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S17A1994

    The trial court did not err in striking defendant's direct testimony after he refused to submit to cross-examination in his trial on a charge of malice murder in connection with the shooting death of his estranged wifes girlfriend.

  • Jenkins v. The State

    Publication Date: 2018-04-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Brian Steel (The Steel Law Firm PC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Elizabeth A. Baker, Jay Marvin Jackson, Tracy Graham Lawson, Elizabeth Rosenwasser (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A1743

    Although the evidence supported defendant's convictions for felony murder, possession of a firearm during the commission of aggravated assault and possession of a firearm during the commission of aggravated battery in connection with the shooting death of his son, the Court partially vacated his sentences and remanded for resentencing because the possession charges merged with each other and the trial court erred in sentencing defendant on both counts.

  • Goodrum v. The State

    Publication Date: 2018-04-26
    Practice Area: Constitutional Law | Criminal Law
    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, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Monique Lynn Kirby, Edward Andrew Case III (Coweta Judicial Circuit District Attorney's Office), LaGrange; Peter J. Skandalakis (Prosecuting Attorneys Council of Georgia), Morrow, for appellee.
    Case Number: S17A1748

    Defendant Had No Constitutional Right to Be Present When Attorneys Met in Chambers With Judge to Discuss Juror's Qualification

  • Graves v. The State

    Publication Date: 2018-04-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Long Dai Vo, Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Anna Green Cross, Sherry Boston, Gerald Mason, (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S17A1709

    Any error in the trial court's decision to exclude alibi testimony based on the defense's failure to give notice under O.C.G.A. §17-16-5 (a) was harmless in light of the overwhelming evidence of guilt in defendant's trial for murder and related crimes.

  • Chrysler Group LLC n/k/a FCA US LLC v. Walden et al.

    Publication Date: 2018-04-25
    Practice Area: Damages | Wrongful Death
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Terry Otho Brantley, Mary Diane Owens, Bradley S. Wolff (Swift, Currie, McGhee & Hiers, LLP), Atlanta; Thomas H. Dupree Jr., Rajiv Mohan (Gibson, Dunn & Crutcher LLP), Washington, for appellant.
    for defendant: Karsten Bicknese, Robert Howard Betts (Seacrest, Karesh, Tate & Bicknese, LLP), Atlanta; James E. Butler Jr. (Butler, Wooten Cheely & Peak LLP), Atlanta; James Edward Butler III (Butler Tobin LLC), Atlanta; Cathy Cox (Mercer Law School), Macon; George C. Floyd (Floyd & Kendrick LLC), Bainbridge; Leigh Martin May (Butler, Wooten, Overby, Fryhofer), Atlanta; Michael Brian Terry, Frank Mitchell Lowrey IV (Bondurant, Mixson & Elmore, LLP), Atlanta; David Thomas Rohwedder (Butler Wooten & Peak LLP), Atlanta, for appellee. Michael Roger Boorman (Huff, Powell & Bailey, LLC), Atlanta; Brian David Boone, Kyle G.A. Wallace, Caroline M. Rawls, William Herman Jordan (Alston & Bird LLP), Atlanta; Christopher Randall Jordan (Hunter Maclean Exley & Dunn), Brunswick; Martin Adam Levinson (Hawkins Parnell Thackston & Young LLP), Atlanta; Garret Warrington Meader (Drew ECKL & Farnham LLP), Brunswick; James Randolph Evans, Anthony Wyatt Morris (Dentons US LLP), Atlanta, for amicus appellant. Matthew Britt Stoddard (The Stoddard Firm), Atlanta, for amicus appellee. Therese S. Barnes (Georgia Supreme Court), Atlanta, for other party. Ashby K. Fox, Louis G. Fiorilla (Burr & Forman LLP), Atlanta; Forrest S. Latta (Burr & Forman LLP), Mobile; D. Victor Reynolds, John Stuart Melvin, Michael Scott Carlson, John Richard Edwards, Amelia Greeson Pray (Cobb County District Attorney's Office), Marietta, for neutral amicus.
    Case Number: S17G0832

    The Court of Appeals did not err in affirming the trial court's decision finding that the compensation of the CEO of a car manufacturing company was admissible in a wrongful death suit because the prejudicial effect of the evidence did not outweigh its probative value pursuant to Rule 403.