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  • Dent v. The State

    Publication Date: 2018-03-16
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Deborah Lorraine Leslie (The Leslie Group, LLC), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Jason Matthew Rea (Department of Law), Atlanta; Elizabeth A. Baker, Tracy Graham Lawson (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A1641

    The evidence supported defendant's convictions for felony murder while in the commission of aggravated assault and possession of a firearm during the commission of a felony and the trial court did not reversibly err in declining to instruct the jury on the lesser included offense of voluntary manslaughter, as the evidence did not support such a charge.

  • Taylor v. The State

    Publication Date: 2018-03-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Bernard Stephen Brody (Brody Law Firm), Atlanta, for appellant.
    for defendant: Daniel J. Porter, Lee Franklin Tittsworth (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S17G0501

    Search Warrant Affidavit Satisfactorily Established Link Between Suspect and Search Location Through Inferences Drawn from Affidavit

  • Blackwell v. The State

    Publication Date: 2018-02-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Gary Wilson Jones, Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Michael Scott Carlson, John Richard Edwards, D. Victor Reynolds, Theresa Marie Schiefer (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17A1928

    Defendant failed to prove his ineffective assistance of counsel claims following his murder conviction.

  • Smith v. The State

    Publication Date: 2018-01-03
    Practice Area: Criminal Law | Evidence | Judges
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Michael Wayne Tarleton (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Jeffery Wayne Hunt, Peter J. Skandalakis, Christopher R. Keegan (Coweta Judicial Circuit District Attorney's Office), Carrollton, for appellee.
    Case Number: S17A1757

    The trial court did not err in refusing to grant defendant's motions for mistrial during jury deliberations on the ground that notes from the jury showed that it was hopelessly deadlocked because the jury's statements did not indicate that it was deadlocked; considering the totality of the circumstances, the trial courts actions did not coerce the jurys verdicts.

  • 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.

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  • Piccione et al. v. Arp et al

    Publication Date: 2017-11-06
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: W. Wright Gammon, Jr. (Gammon, Anderson & McFall), Cedartown, for appellant.
    for defendant: Vickey Robinson Atkins (Atkins Law PC), Rockmart; James Steven Astin (Attorney at Law), Cedartown, for appellee.
    Case Number: S17A0782

    The trial court properly denied plaintiffs' motion for summary judgment in their action arising out of the distribution of their grandmother's estate, because the will imposed a requirement that the individuals named take the bequests in their own stead, that those bequests not pass through representation, and that the named individuals must survive the testator; accordingly, plaintiffs were not entitled to receive their late mother's interest in the estate.

  • Faust v. The State

    Publication Date: 2017-10-31
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Stanley W. Schoolcraft III (Office of the Public Defender), McDonough, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (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: S17A1177

    The evidence supported defendant's convictions for felony murder while in the commission of an aggravated assault and possession of a firearm during the commission of a felony after he shot and killed a man who was selling shoes out of his car.

  • Hampton v. The State

    Publication Date: 2017-10-25
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Raina Jeager Nadler, Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; D. Victor Reynolds, Michael Scott Carlson (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17A0984

    The evidence supported defendant's convictions for malice murder and related crimes after he fatally shot a man at a bar where defendant sometimes worked as a security guard.

  • Davis v. The State

    Publication Date: 2017-10-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Leigh Ann Webster (Strickland Webster, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Michelle Haase, Christopher M. Carr (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: S17A0949

    The evidence supported defendant's convictions for malice murder, criminal attempt to commit armed robbery, aggravated assault with a deadly weapon, possession of a firearm by a convicted felon and possession of a firearm during the commission of a felony and defendant failed to prove his several ineffective assistance of counsel claims.

  • Daniels v. The State

    Publication Date: 2017-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Gregory Davis Smith (Conger & Smith, LCC), Bainbridge, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; April Marie Hancock (Colquitt County District Attorney's Office), Moultrie; Bradfield M. Shealy (Southern Judicial Circuit District Attorney's Office), Valdosta, for appellee.
    Case Number: S17A0931

    The evidence supported defendants' convictions for felony murder, violations of the Street Gang Terrorism and Prevention Act and other crimes.