• Scudder v. State

    Publication Date: 2016-02-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Rodney S. Zell Zell Zell PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Sean A. Garrett, Assistant County Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Michael A. Oldham, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S15A1312

    The trial court erroneously concluded that the defendant's convictions on two counts of unlawful possession of a firearm during the commission of a felony merged with the other crimes for which he w

  • State v. Andrade

    Publication Date: 2016-02-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Richard L. Perryman III, District Attorney, Nashville, and Rebekah M. Ditto, Assistant District Attorney, Adel, for appellant.
    for defendant: John W. Strickland Jr., Lakeland, for appellee.

    Case Number: S15G0866

    The State timely filed its appeal from the trial court's order granting the defendant's motion to suppress his incriminating statements to law enforcement within 30 days of the entry of the order p

  • Barrow v. Mikell

    Publication Date: 2016-02-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Justin W. Chaney and Sara A. Thompson Justin W. Chaney LLC, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Joseph J. Drolet, Senior Assistant Attorney General, and Amy K. M. Radley, Assistant Attorney General, Atlanta, for appellees.

    Case Number: S15G1168

    The appellant filed a timely petition for judicial review of the denial of his application for a new driver's license after his license was can

  • White v. State

    Publication Date: 2016-02-05
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Harold V. Jones II, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Titus T. Nichols, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth M. Haase, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S15A1826

    Evidence that the defendant drove the shooter by the crime scene twice, slowed down while the shooter fired shots into a crowd and then sped off was sufficient to authorize the jury to find beyond a

  • Smith v. State

    Publication Date: 2016-01-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Erin E. Donohue-Koehler Public Defender's Office, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Arthur C. Walton, Assistant District Attorney, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason M. Rea, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S15A1703

    The trial court erred in merging the defendant's convictions for attempted armed robbery and the unlawful possession of a firearm by a convicted felon into felony murder counts that were vacated by

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  • Hayes v. State

    Publication Date: 2016-01-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Adam M. Hames The Hames Law Firm LLC, Atlanta, and David J. Koontz, Austell, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, Jesse D. Evans, Deputy Chief Assistant District Attorney, Benjamin M. First, Amelia G. Pray, Assistant District Attorneys, Marietta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Jason M. Rea, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S15A1511

    The evidence supported the defendant's convictions for felony murder in the commission of an aggravated assault upon one victim, the aggravated assaults of two other victims and violation of the Geo

  • Simpson v. State

    Publication Date: 2016-01-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Kenneth W. Sheppard, Smyrna, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Elizabeth O. Evans, Assistant District Attorney, LaFayette, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Michael A. Oldham, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S15A1365

    An aggravated assault count against the defendant should have merged with a murder count, since the aggravated assault was the predicate felony of the felony murder c

  • Roberts v. State

    Publication Date: 2016-01-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Kelly Roberts, Unadilla, proceeded pro se. Rebecca A. Wright, District Attorney, Joshua B. Smith District Attorney's Office, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:

    Case Number: S15A1409

    The trial court did not err in accepting the defendant's guilty plea to felony murder, as there was a sufficient factual basis for his guilty plea and the record showed that his plea was intelligent

  • In the Interest of M. F.

    Publication Date: 2015-11-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Tom Pye, Norcross, for appellant.
    for defendant: Douglas N. Fox Fox Firm PC, Lawrenceville, for appellee.

    Case Number: S15A0840

    The father's petition for a modification, vacatur or revocation of a permanent guardianship stated a claim upon which relief could be granted, because the father resolving his substance abuse proble

  • Tolbert v. State

    Publication Date: 2015-11-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Tanya D. Jeffords, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Joshua B. Smith, Kimberly S. Easterling District Attorney's Office, Augusta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew B. Crowder, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S15A1073

    The defendant failed to show that trial counsel's theoretical division of loyalties based on his concurrent representation of the defendant and a co-defendant ripened into an actual conflict of inte