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  • Douglas v. The State

    Publication Date: 2018-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Leon Hicks (Leon Hicks and Associates, P.C.), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Elizabeth A. Baker, Jay Marvin Jackson, Tracy Graham Lawson (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A1348

    Although the trial court properly denied defendant's motion to suppress certain evidence and did not reversibly err in admitting other evidence, the trial court did err in the sentences it imposed on defendant's convictions for malice murder and other offenses; accordingly, the Court affirmed the convictions but partially vacated the sentence and remanded for resentencing.

  • Perez v. The State

    Publication Date: 2018-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Amy Lee Ihrig (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Matthew Breedon (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S17A1370

    The evidence supported defendant's convictions for malice murder and other crimes after he fatally shot his wife's lover and the trial court did not reversibly err in admitting a hearsay statement from the deceased victim, in light of the overwhelming evidence of defendant's guilt.

  • Gallemore v. White

    Publication Date: 2018-04-05
    Practice Area: Family Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Odis William Williams II (The Law Offices of Odis Williams, P.C.), Marietta, for appellant.
    for defendant: Sabrina A. Parker (The Parker Law Firm), Norcross, for appellee.
    Case Number: S17A1464

    Appellant failed to demonstrate on appeal that the trial court erred in entering a contempt order against him in a child support dispute, as he failed to attach the transcript of the hearing below, so the Court affirmed that order but vacated the award of attorney fees to appellee and remanded for further proceedings, as the trial court's order did not contain findings of fact necessary to support the award.

  • Byron v. The State

    Publication Date: 2018-04-05
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Michael Walter Gowen (Tifton Judicial Circuit Public Defender's Office), Tifton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Clifford Paul Bowden, Robert Alan Rogers, Jennifer Dawn Hart (Tifton Judicial Circuit District Attorney's Office), Tifton; Kevin Eugene Hutto (Office of the District Attorney), Tifton, for appellee.
    Case Number: S17A1555

    The evidence supported defendant's convictions for malice murder and other crimes arising from an argument in the parking lot of a club and defendant failed to prove his ineffective assistance of counsel claims.

  • Tanner v. The State

    Publication Date: 2018-04-04
    Practice Area: Criminal Law | Evidence | Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Teddy Lee Henley (Rome Circuit Public Defender's Office), Rome, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Herbert McIntosh Poston Jr. (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: S17A1417

    The evidence supported defendant's convictions for malice murder and other crimes and he failed to show any actual conflict of interest that adversely affected his lawyers performance in support of his argument that he was denied his Sixth Amendment right to conflict-free counsel at trial.

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  • Morris v. The State

    Publication Date: 2018-04-04
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: John Walter Kraus (Office of the Public Defender), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Vanessa Therese Meyerhoefer, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Joshua Daniel Morrison (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1402

    The trial court did not plainly err in its jury instructions in defendant's murder trial in connection with the shooting death of his roommate.

  • In The Matter Of Donald Edward Smart

    Publication Date: 2018-03-21
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Wolanda R. Shelton, Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Donald Edward Smart (The Smart Law Firm), Stratford, for appellee.
    Case Number: S18Y0511

    The Supreme Court imposed a Review Panel reprimand on an attorney for his violation of Georgia Rules of Professional Conduct 1.1, 1.2 (a), 1.3 and 1.4 in connection with his representation of a client.

  • In The Matter Of Cheryl Joyce Braziel

    Publication Date: 2018-03-21
    Practice Area: Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Richard Wayne Hendrix (Finch McCranie, LLP), Atlanta, for appellant.
    for defendant: William Jacob Cobb, Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), Atlanta, for appellee.
    Case Number: S18Y0434

    The Supreme Court rejected attorney's petition for voluntary discipline in which she sought a review panel reprimand after her office submitted a fabricated letter from another attorney to an insurance company.

  • Cahill v. United States

    Publication Date: 2018-03-21
    Practice Area: Contracts | Family Law | Real Estate
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Frank G. Podesta (FGP Law, LLC), Roswell, for appellant.
    for defendant: Lori Marie Beranek, Lisa Dolores Cooper, John A. Horn (United States Attorney's Office), Atlanta; Robert J. Branman (Department of Justice, Tax Division), Joan I. Oppenheimer (Tax Division Department of Justice), Washington, for appellee.
    Case Number: S17Q1559

    Answering a question from the district court, the Court concluded that parties' divorce decree severed the joint tenancy with right of survivorship created by a quitclaim deed executed during their marriage.

  • In The Matter Of Natalie Dawn Mays

    Publication Date: 2018-03-20
    Practice Area: Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Andreea N. Morrison, Paula J. Frederick (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Natalie Dawn Mays, Ellenwood, for appellee.
    Case Number: S18Y0315

    The Supreme Court disbarred an attorney in connection with her violation of several of the Georgia Rules of Professional Conduct during her representation of a client.