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  • Jackson v. The State

    Publication Date: 2018-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (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: S18A0127

    Participant in Shooting Incident Was Subject to Prosecution for Murder Resulting From Another Participant's Gunfire

  • Gibbs v. The State

    Publication Date: 2018-05-09
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Forrest K. Shealy, Marietta, for appellant.
    for defendant: Michael Scott Carlson, Amelia Greeson Pray, D. Victor Reynolds, Jaret Teague Usher (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17G1343

    The Court of Appeals properly affirmed the trial courts denial of defendant's motion for new trial based on ineffective assistance of counsel, as he could not show a reasonable probability that the outcome of the trial would have been different absent trial counsel's alleged deficiencies, in light of the strong evidence of his guilt.

  • The State v. Aduka

    Publication Date: 2018-04-30
    Practice Area: Criminal Appeals | Immigration Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Deborah D. Wellborn, Sherry Boston, Anna Green Cross (DeKalb County District Attorney's Office), Decatur, for appellant.
    for defendant: Akintunde A. Akinyele (Akinyele Law Firm LLC), Decatur; Akinwunmi Doherty (The Doherty Law Firm), Atlanta, for appellee.
    Case Number: S17A1717

    The Court reversed the grant of appellee's petition for a writ of habeas corpus, finding that the trial court erred in ruling that plea counsel was deficient in advising his noncitizen client that he could be deported, rather than informing him that he would be deported if he entered the plea in question, because the law was not succinct and straightforward at the time.

  • Lucas v. Beckman Coulter, Inc.

    Publication Date: 2018-04-12
    Practice Area: Business Torts | Civil Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Dustin Thomas Brown, Peter John Daughtery (Daughtery Crawford & Brown, LLP), Columbus, for appellant.
    for defendant: Kurtis A. Powell, Robert Thomas Dumbacher (Hunton & Williams), Atlanta; Clayton Matthews Adams, Jeffrey Albright Brown (Brown & Adams LLC), Columbus, for appellee.
    Case Number: S17G0541

    The Court of Appeals improperly construed O.C.G.A. § 16-11-135 (e), part of the Business Security and Employee Privacy Act, as granting employers immunity from all firearm-related tort liability for the acts of its employees and the Supreme Court thus reversed the Court of Appeals' decision affirming the grant of summary judgment to employee and employer in plaintiff's suit arising after employee accidentally shot him with a personal handgun while on a service call for employer at plaintiff's place of employment.

  • Franklin v. The State

    Publication Date: 2018-04-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Jerilyn Lyshette Bell, Josh David Moore, Gerald P. Word (Georgia Capital Defenders), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Emily Kathleen Richardson, Brian Keith Fortner, Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S17A1599

    The trial court properly concluded that it had no authority to determine prior to trial whether the aggravating circumstances State alleged would be sufficiently proved by the evidence to support the imposition of the death penalty.

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  • 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.

  • Drews v. The State

    Publication Date: 2018-03-15
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Veronica M. O'Grady (GPDC Appellate Division), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Rosemary M. Greene, Jana Willingham Allen (Cherokee Judicial Circuit District Attorney's Office), Cartersville, for appellee.
    Case Number: S17A1873

    Defense Counsel Not Constitutionally Ineffective Assistance For Failing to Investigate Allegations Raised in Supplemental Police Report and Video

  • Veal v. The State

    Publication Date: 2018-03-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Stephen Michael Reba (The Law Office of Stephen M. Reba, LLC), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Matthew Min-soo Youn, Christopher M. Carr (Department of Law), Atlanta; Joshua Daniel Morrison, Paul L. Howard, Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1758

    U.S. Supreme Court Miller and Montgomery Opinions Not Applicable to Juvenile Criminal Cases Not Involving Actual LWOP Sentences

  • Miller v. The State

    Publication Date: 2018-03-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    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 (Department of Law), Atlanta; Paul L. Howard, Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder, Marc A. Mallon (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1578

    The jury was authorized to find that the evidence, although circumstantial, was sufficient to exclude every other reasonable hypothesis save that of guilt in defendant's trial for malice murder and concealing the death of another in connection with the death of her ex-girlfriend.

  • Adams v. The State

    Publication Date: 2018-03-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Alvin Adams, III, Reidsville, for appellant.
    for defendant: Herbert McIntosh Poston, Jr. (Conasauga Judicial Circuit District Attorney's Office), Dalton; Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for appellee.
    Case Number: S17A1453

    The trial court properly denied defendant's motion to withdraw his guilty plea to charges of malice murder and armed robbery because the term of court in which defendant was sentenced had expired and the trial court thus lacked jurisdiction to grant the motion.