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  • In re Formal Advisory Opinion No. 16-2.

    Publication Date: 2017-12-20
    Practice Area: Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Paula J. Frederick, William Dallas NeSmith, III, John Joseph Shiptenko (State Bar of Georgia), Atlanta, for appellant.
    for defendant:
    Case Number: S17U0553

    The Supreme Court approved Formal Advisory Opinion No. 16-2, which addresses whether an attorney who has been appointed to serve both as legal counsel and as guardian ad litem for a child in a termination of parental rights case can advocate termination over the child's objection.

  • In The Matter Of Nolen Arthur Hamer.

    Publication Date: 2017-12-19
    Practice Area: Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Jenny K. Mittelman (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Nolen Arthur Hamer (Hamer Law Firm), Cumming, for appellee. Herman Maddox Kilgore (Kilgore & Rodriguez LLC), Marietta; Jessica Oglesby, Atlanta; Thomas L. Holder (Long & Holder), Atlanta, for other party.
    Case Number: S17Y1988

    The Supreme Court disbarred an attorney after previously rejecting his petition for voluntary discipline, in which he sought a Review Panel reprimand for his admitted violations of several of the Georgia Rules of Professional Conduct.

  • Anthony v. The State

    Publication Date: 2017-12-07
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Reid G. Kennedy (Law Offices of Kennedy and Kennedy), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, 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: S17A0989

    The evidence, including eyewitness identification, supported defendant's convictions for malice murder and possession of a firearm during the commission of a crime and he failed to prove his ineffective assistance of counsel claims as, among other things, post-trial counsel's subsequent disbarment did not itself show ineffective assistance in defendant's particular case.

  • Diversified Holdings, LLP v. City of Suwanee

    Publication Date: 2017-12-07
    Practice Area: Administrative Law | Civil Appeals | Land Use and Planning
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Matthew Parks Benson (Mahaffey Pickens Tucker, LLP), Lawrenceville, for appellant.
    for defendant: Richard A. Carothers, Amy Bryant Cowan, Thomas Monroe Mitchell (Carothers & Mitchell, LLC), Buford, for appellee.
    Case Number: S17A1140

    The trial court properly affirmed a local zoning boards denial of landowner's application to rezone certain property, finding that the denial was not arbitrary or capricious because the propertys current zoning was substantially related to the publics health, safety, morality and welfare.

  • Hodges v. The State

    Publication Date: 2017-12-01
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Wanda Sherelle Jackson (Wanda S. Jackson, PC), East Point, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Scott Orion Teague, Christopher M. Carr (Department of Law), Atlanta; Louie Craig Fraser, Kelli Maria Adams (Dublin Judicial Circuit District Attorney's Office), Dublin, for appellee.
    Case Number: S17A0711

    The evidence supported defendant's convictions for felony murder, armed robbery and aggravated assault but the Court vacated his sentence because the trial court erred in failing to merge his conviction for aggravated assault with a deadly weapon into his armed robbery conviction for sentencing purposes.

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  • Jones v. Medlin

    Publication Date: 2017-12-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Steven Lee Sparger, Savannah; Peter A. Camiel (Camiel & Chaney, PS.), Seattle, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Daniel Melvin King, Jr. (King Law Group), Dublin, for appellee.
    Case Number: S17A1291

    The Supreme Court reversed the denial of defendants' petitions for writs of habeas corpus following their convictions for malice murder and possession of a firearm in the commission of a felony because, in light of the totality of the circumstances, confidence in the outcome of the trial was undermined by States failure to provide certain potentially exculpatory evidence to the defense counsel.

  • Smith v. Northside Hospital, Inc. et al.

    Publication Date: 2017-11-30
    Practice Area: Government | Public Records
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Peter Crane Canfield, Brian Charles Lea (Jones Day), Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Bryan Eugene Bates, James Randolph Evans, Nathan L. Garroway (Dentons US LLP), Atlanta; Stephen Derek Bauer, Ian Kyle Byrnside, James C. Rawls (Baker Hostetler LLP), Atlanta, for appellee. David E. Hudson, James Brian Ellington (Hull Barrett, PC), Augusta; Steven Elliot Scheer (Scheer Montgomery & Call), Savannah; Sarah Renee Craig (Akerman LLP), Tampa, for amicus appellant. Lee Barrett Carter, Norman S. Fletcher (Brinson Askew Berry Seigler Richardson & Davis, LLP), Rome; Jonathan C. Peters (Peters & Monyak, LLP), Atlanta; Steven P. Gilliam, Roger Brent Hatcher, Jr. (Smith, Gilliam, Williams & Miles, P.A.), Gainesville; Kelly Jean Long Pridgen (Association County Commissioners of Georgia), Atlanta; G. Joseph Scheuer (Assistant General Counsel), Atlanta, for amicus appellee. Annette M. Cowart, Sarah Hawkins Warren, Russell David Willard, Christopher M. Carr (Department of Law), Atlanta, for neutral amicus. Charles T. Huddleston, S. Wade Malone, Jessica Rutledge Watson (Nelson Mullins Riley & Scarborough LLP), Atlanta; Jeremy Patrick Burnette, Sidney Summers Welch (Polsinelli, P.C.), Atlanta; Edward Charles Konieczny (Edward C. Konieczny LLC), Atlanta, for other party.
    Case Number: S16G1463

    The trial court and Court of Appeals applied the wrong legal standard in dismissing attorney's action to compel hospital to provide him with access to certain documents in response to his request under the Georgia Open Records Act.

  • The State v. Cohen

    Publication Date: 2017-11-29
    Practice Area: Criminal Law | Privacy
    Industry:
    Court: Georgia Supreme Court
    Judge: Acting Presiding Justice Melton
    Attorneys: For plaintiff: Paul L. Howard, Jr., Marc A. Mallon, F. McDonald Wakeford, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellant.
    for defendant: Brian Steel (The Steel Law Firm, PC.), Atlanta; Bruce H. Morris (Finestone, Morris & White, LLP), Atlanta; Jimmy Dodd Berry (Jim D. Berry, PC), Marietta; Reid Thompson (Reid Thompson Law), Marietta, for appellee.
    Case Number: S17A1265

    The trial court partially erred in dismissing charges against a woman and her attorneys arising out of an alleged conspiracy for the woman to secretly video record the defendant in a sexual harassment lawsuit her attorneys filed on her behalf and the subsequent transmission of a demand letter to that defendant.

  • Thompson v. The State

    Publication Date: 2017-11-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Eric J. Taylor (Office of the Public Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (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: S17A0935

    Although the evidence supported defendant's convictions for two counts of malice murder, the Court reversed his convictions because the trial court erred in admitting certain character evidence at trial and the error was not harmless.

  • Glenn v. The State

    Publication Date: 2017-11-09
    Practice Area: Criminal Law | Evidence
    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, Meghan Hobbs Hill, Christopher M. Carr (Department of Law), Atlanta; Lenny I. Krick, Sherry Boston, Anna Green Cross (Dekalb County District Attorneys Office), Decatur; Harry Steven Ruth (Office of the District Attorney), Decatur, for appellee.
    Case Number: S17A0858

    The Court affirmed defendant's murder conviction, finding that the trial court did not abuse its discretion in permitting lay witnesses to give testimony identifying defendant as one of the people in a surveillance video recording of the murder and robbery and the trial court did not err in denying defendant's motion to suppress evidence seized during the search of his sisters apartment.