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  • WXIA-TV et al. v. State Of Georgia et al.

    Publication Date: 2018-04-16
    Practice Area: Communications and Media | Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Stephen Derek Bauer, Ian Kyle Byrnside, Cody S. Wigington (Baker & Hostetler LLP), Atlanta, for appellant.
    for defendant: Clifford Paul Bowden (Tifton Judicial Circuit District Attorney's Office), Tifton, for appellee. Robert Sparks Highsmith, Jr., Allen Andre Hendrick (Holland & Knight LLP), Atlanta, for amicus appellant. John Robert Mobley, II, Michael Walter Gowen (Tifton Circuit Public Defender's Office), Tifton; Thomas MacIver Clyde, Lesli Nicole Gaither (Kilpatrick Townsend & Stockton LLP), Lawrence Lee Bennett, Jr. (L. Lee Bennett Jr, P.C.), Atlanta; David E. Hudson (Hull Barrett, PC), Augusta, for other party.
    Case Number: S17A1804

    In a high-profile murder case, the Supreme Court vacated a gag order that restrained certain classes of persons from making extrajudicial, public statements on certain subjects related to the case for so long as it remained pending, holding that the record did not reveal circumstances sufficiently exceptional to warrant such a restraint.

  • Anthony v. The State

    Publication Date: 2018-04-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Michael Harvey Saul, Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Vanessa Therese Meyerhoefer, Christopher M. Carr, John Stuart Melvin (Cobb County District Attorney's Office), Marietta; Michael Scott Carlson, John Richard Edwards, Jesse David Evans, D. Victor Reynolds, John Stuart Melvin (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17A1722

    The evidence supported defendants' convictions for murder after they beat a man and left him unconscious on a darkened roadway, where he was struck by a car and killed, but did not support defendants' convictions for criminal gang activity involving an affray, as there was no evidence that the victim was a willing participant in a fight.

  • Lucas v. The State

    Publication Date: 2018-03-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Mitchell D. Durham, Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, Christopher M. Carr (Department of Law), Atlanta; Benjamin M. First, Amelia Greeson Pray, D. Victor Reynolds, Michael Scott Carlson (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17A1911

    No Error in Trial Court's Refusal to Allow Cross-Examination of Prosecution Witnesses as to Their Immigration Status

  • Jones v. The State

    Publication Date: 2018-03-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Ronald Richard Parker (Georgia Public Defender Standards Council), Bainbridge; Katherine Lynn Dodd (Southwest Georgia Conflict Division-GPDC), Americus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Gregory W. Edwards, Kathryn O. Fallin (Dougherty County District Attorney's Office), Albany, for appellee.
    Case Number: S17A1526

    Even assuming that defense counsel was deficient in opening the door for the prosecution to elicit otherwise inadmissible evidence of defendant's bad character, defendant could not show that the allegedly deficient performance prejudiced him, in light of the strong evidence of his guilt, and thus could not prove his ineffective assistance of counsel claim in connection with his convictions for felony murder and armed robbery.

  • McClain v. The State

    Publication Date: 2018-03-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Teresa Lynn Doepke (Alcovy Judicial Circuit Public Defender), Covington; Anthony Scott Carter (Alcovy Judicial Circuit Public Defender), Monroe, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; Layla Hinton Zon, Binford Griffin Bramblett, Randal Matthew McGinley (Alcovy Judicial Circuit District Attorney's Office), Covington, for appellee.
    Case Number: S17A1634

    Evidence Supported Jury's Conclusion Victim Died As Result of Numerous Gunshots Fired by Defendant

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  • Donaldson v. The State

    Publication Date: 2017-12-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Darrell Brinnett Reynolds, Sr. (Darrell B. Reynolds, P.C.), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Elizabeth A. Baker, Tracy Graham Lawson, Elizabeth Rosenwasser Rosenwasser (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A1350

    Although the evidence supported defendant's convictions for felony murder and one count of firearm possession, the Supreme Court of Georgia vacated his convictions for aggravated assault and a second firearm possession count because the trial court should have merged those convictions into other counts.

  • Dixon v. The State

    Publication Date: 2017-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: John William Howe (Law Office of John W. Howe), Carrollton, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Rosemary M. Greene, Sharon Moyer Fox, Andrew Dale Garland (Cherokee Judicial Circuit District Attorney's Office), Cartersville, for appellee.
    Case Number: S17A1475

    Pretermitting whether the prosecutors question on cross-examination about whether the witness had observed defendants talking and laughing during a break was, in fact, improper, the trial court fully complied with O.C.G.A. § 17-8-75 and did not abuse its discretion in refusing to grant a mistrial based on prosecutorial misconduct.

  • Edokpolor et al. v. Grady Memorial Hospital Corporation

    Publication Date: 2017-12-26
    Practice Area: Civil Appeals | Civil Procedure
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Joseph H. King, Jr. (Joseph H. King, Jr., P.C.), Atlanta, for appellant.
    for defendant: LaTisha Dear Jackson, Jeffrey Emery Tompkins, Gerond Jullian Lawrence (Thomas Kennedy Sampson & Tompkins LLP), Atlanta, for appellee.
    Case Number: S17G0429

    The Court of Appeals erred in holding that a judgment that resolves all of the issues in a case except the amount to be awarded for the expenses of service of process under O.C.G.A. § 9-11-4 (d) is a final judgment.

  • Carter v. The State

    Publication Date: 2017-12-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Jonathan P. Lockwood (Brunswick Judicial Circuit Public Defender's Office), Jesup, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-soo Youn (Department of Law), Atlanta; Andrew J. Ekonomou (The Lambros Firm, LLC), Atlanta; Jacquelyn Lee Johnson (Brunswick Judicial Circuit District Attorney's Office), Woodbine, for appellee.
    Case Number: S17A1412

    The evidence supported defendant's convictions for malice murder and other crimes after he shot his ex-girlfriend's 15-year-old son when the woman ended their relationship to devote more time to the child.

  • Fazio v. The State

    Publication Date: 2017-11-10
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Lance Warren Tyler (Tyler Law Firm, LLC), Suwanee, for appellant.
    for defendant: Rosanna M. Szabo, Samuel Richard D'Entremont, Joelle M. Nazaire (Office of the Gwinnett County Solicitor General), Lawrenceville, for appellee.
    Case Number: S17A1020

    The Supreme Court affirmed defendant's DUI convictions, holding that the implied consent notice statute does not violate the constitutional prohibition of unreasonable searches and seizures and is not unconstitutionally misleading or coercive on its face in violation of due process.