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  • Rickman v. The State

    Publication Date: 2018-07-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Jason Allan Fisher (Georgia Public Defender Council), Rome, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Leigh Ellen Patterson, Kayleigh Ann Carter (Floyd County District Attorney's Office), Rome, for appellee.
    Case Number: S18A0841

    The trial court did not abuse its discretion in admitting into evidence at defendant's murder trial photographs showing a re-creation of the crime scene with police officers posing at the shooter and the victim.

  • Moore v. The State

    Publication Date: 2018-06-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Carzell Moore, Trion, for appellant.
    for defendant: Jonathan Lang Adams (Towaliga Circuit District Attorney's Office), Jackson; Steven Chambless Ouzts (Towaliga Circuit District Attorney's Office), Forsyth; Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton (Department of Law), Atlanta, for appellee.
    Case Number: S18A0509

    The trial court properly rejected appellant's "Amended Motion for Out of Time Appeal" following his guilty pleas to rape and murder, as his attempt to amend the already-adjudicated motion was untimely.

  • Reis et al. v. Ooida Risk Retention Group, Inc.

    Publication Date: 2018-05-25
    Practice Area: Civil Procedure | Constitutional Law | Insurance Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Daniel C. Jason (Jason & Bradley LLC), Stone Mountain, for appellant.
    for defendant: Zach M. Matthews, Scott Wayne McMickle (McMickle, Kurey & Branch, LLP), Alpharetta, for appellee. Susan Joy Levy, Henry Lee Pruett (Levy & Pruett), Decatur, for amicus appellee.
    Case Number: S18A0505

    The trial court properly granted summary judgment to defendant risk retention group in a direct action against it because provisions in the federal Liability Risk Retention Act of 1986 preempt Georgias motor carrier and insurance carrier direct action statutes in regard to risk retention groups, thereby precluding the direct action at issue.

  • Slaton v. The State

    Publication Date: 2018-05-25
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Greg Howard Bell (Attorney at Law), Warner Robins, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; George Herbert Hartwig III, Alicia Deck Gassett (Houston County District Attorney's Office), Perry, for appellee.
    Case Number: S18A0354

    The Supreme Court affirmed defendant's conviction for malice murder, as he failed to prove his several ineffective assistance of counsel claims.

  • Rhoden v. The State

    Publication Date: 2018-05-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Ivars Lacis (Lacis Law LLC), Peachtree City, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Paul L. Howard, Jr., Lyndsey Hurst Rudder, Arthur C. Walton (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0116

    Batson Did Not Apply to Prosecutor's Mere Non-Exercise of Peremptory Strike

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  • 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.

  • 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.

  • Walsh v. The State

    Publication Date: 2018-04-16
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: George Chadwell Creal Jr., Atlanta, for appellant.
    for defendant: Donna Coleman Stribling, William Thomas Kemp III, Sherry Boston, Kenneth Tyler Edgerton (DeKalb County Solicitor General's Office), Decatur, for appellee.
    Case Number: S17G0884

    The Court of Appeals erred in reversing the trial court's grant of defendant's motion to suppress the results of a horizontal gaze nystagmus test in his DUI trial, as State failed to meet its foundational burden to show that the officer substantially performed the scientific procedures in an acceptable manner."

  • Doe v. The State

    Publication Date: 2018-04-11
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Jeffrey Robert Filipovits (Filipovits Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Richard Ashley Mallard, Keith A. McIntyre (Ogeechee Judicial Circuit District Attorney's Office), Statesboro, for appellee. Brenda Jean Smeeton, Michele Maria Young, Cory Isaacson (Georgia Justice Project), Atlanta; Nancy Rhinehart DeVetter (Georgia Legal Services), Savannah, for amicus appellant. Christopher M. Carr, Sarah Hawkins Warren (Department of Law), Atlanta, for amicus appellee.
    Case Number: S17A1694

    Because the appeal at issue did not invoke the Georgia Supreme Courts constitutional-question jurisdiction, the Court returned the appeal to the Court of Appeals.

  • Peterson v. Peterson

    Publication Date: 2018-04-09
    Practice Area: Civil Procedure | Trusts and Estates
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Joseph J. Burton, Jr. (Mozley, Finlayson & Loggins LLP), Atlanta; Rosemary Smith Armstrong (Armstrong Nix, P.C.), Atlanta, for appellant.
    for defendant: J. Franklin Edenfield (Spivey, Carlton & Edenfield, P.C.), Swainsboro; R. Bruce Russell, Clayton, for appellee.
    Case Number: S17A1488

    The trial court erred in granting summary judgment to mother in sons' suit alleging that their mother and brother breached their duties as executors of their father's will of and as trustees of a bypass trust created by that will.