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  • Henderson v. The State

    Publication Date: 2018-04-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Sylvester Leon Henderson, Millen, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; Roberta Ann Earnhardt, Alisha Adams Johnson (Rockdale County District Attorney's Office), Conyers, for appellee.
    Case Number: S17A1785

    The Supreme Court dismissed defendant's pro se appeal from the order denying his Objection to Order Denying Defendants Motion for Disclosure Grand Jury Testimony and Evidence" because the remedy defendant sought was not legally cognizable.

  • Perez v. The State

    Publication Date: 2018-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Amy Lee Ihrig (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Matthew Breedon (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S17A1370

    The evidence supported defendant's convictions for malice murder and other crimes after he fatally shot his wife's lover and the trial court did not reversibly err in admitting a hearsay statement from the deceased victim, in light of the overwhelming evidence of defendant's guilt.

  • Morrison v. The State

    Publication Date: 2018-03-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Richard Morrison, Pelham, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Tracy K. Chapman, Bradfield M. Shealy, Michelle Thomas Harrison (Southern Judicial Circuit District Attorney's Office), Valdosta.
    Case Number: S17A1750

    The evidence supported defendant's malice murder conviction in connection with the death of his girlfriend and defendant failed to prove his several prosecutorial misconduct and ineffective assistance of counsel claims.

  • Blach v. Diaz-Verson

    Publication Date: 2018-03-06
    Practice Area: Banking and Finance Laws | Creditors' and Debtors' Rights
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Anthony Binford Minter (Wagner, Johnston & Rosenthal, PC.), Atlanta, for appellant.
    for defendant: Kurtis A. Powell (Hunton & Williams), Atlanta, for appellee. Robert J. Frey, Sarasota; Stephen G. Gunby, W. Fray McCormick (Page Scrantom Sprouse Tucker & Ford PC), Columbus, for other party.
    Case Number: S17Q1508

    Insurance Company Was Not "Financial Institution" When It Was Garnished Based on Earnings Owed as Debtor's Employer

  • Hall County Board Of Tax Assessors v. Westrec Properties, Inc.

    Publication Date: 2018-02-22
    Practice Area: Administrative Law | Tax
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Joseph A. Homans, Catherine T. Crawford (Fox, Chandler, Homans, Hicks & McKinnon), Dawsonville, for appellant.
    for defendant: Jeremy Ethan Underwood, Lauren Clipp Giles (Miles Hansford & Tallant, LLC), Cumming, for appellee.
    Case Number: S17A1421

    The trial court properly granted summary judgment to the taxpayers in their suit against a county board of tax assessors because the plain language of the O.C.G.A. § 48-5-311, as amended, required the board to schedule and notice a settlement conference with the taxpayer within 45 days of receipt of the taxpayers' notice of appeal and provided that the appeal terminated in the event the board elected not to do so, which it did.

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  • Green v. The State

    Publication Date: 2018-02-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Gregory Davis Smith (Conger & Smith, LLC), Bainbridge, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Clifford Paul Bowden (Tifton Judicial Circuit District Attorney's Office), Tifton, for appellee.
    Case Number: S17A1872

    Defendant failed to prove his ineffective assistance of counsel claims following his conviction as a party to the crime of malice murder.

  • The State v. Smith et al.

    Publication Date: 2018-02-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Frank M. Pennington, II, Margaret Ellen Heap, Christine Sieger Barker (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Solomon Adeoye Amusan (The Amusan Law Firm, PC), Savannah; Richard M. Darden (Darden Law Firm), Savannah; Caroline Heather Bradley (Richard M. Darden PC), Savannah; Thomas Raymond Bateski (Thomas R. Bateski, Esq PC), Savannah; Martin Gregory Hilliard (Martin G. Hilliard PC), Savannah; Steven Lee Sparger, Savannah, for appellee.
    Case Number: S17A1992

    The trial court erred in granting defendant's motion in limine to exclude a statement one of his co-defendants made because the statement did not directly inculpate defendant so the trial court should have concluded that the statement would be admissible against the co-defendant with an instruction to the jury to consider the statement only against him.

  • White v. The State

    Publication Date: 2018-02-15
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Ivars Lacis (Lacis Law, LLC), Peachtree City, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Benjamin David Coker, Brittany Ashton Fallin, Marie Greene Broder (Griffin Judicial Circuit District Attorney's Office), Thomaston, for appellee.
    Case Number: S17A1588

    The trial court did not reversibly err in its jury instruction on reasonable doubt because, when viewing the charge as a whole, the jury instruction did not mislead the jury as to the standard of proof required by due process.

  • Jones v. The State

    Publication Date: 2017-12-28
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: James C. Bonner, Jr., Tyler R. Conklin (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Rosemary M. Greene, Sharon Moyer Fox (Cherokee Judicial Circuit District Attorney's Office), Cartersville, for appellee.
    Case Number: S17G0118

    The Court of Appeals erred in holding that defendant's guilty verdicts for theft by conversion and theft by bringing stolen property into Georgia after he failed to return a car he had rented in Tennessee and drove through Georgia were not mutually exclusive because it was legally and logically impossible to convict the accused of both counts.

  • Georgia Association of Professional Process Servers, et al. v. Jackson, Sheriff, et al

    Publication Date: 2017-11-10
    Practice Area: Civil Procedure
    Industry:
    Court: Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Michael Travis Foust, Allan Leroy Parks Jr. (Parks, Chesin & Walbert, PC.), Atlanta, for appellant.
    for defendant: Steven Eric Rosenberg, Ashley Jenell Moore Palmer (Office of the Fulton County Attorney), Atlanta; Deborah Lynn Dance, Lauren Smith Bruce (Cobb County Attorney's Office), Marietta; Richard A. Carothers (Carothers & Mitchell, LLC), Buford; Nikisha Lynette McDonald (DeKalb County Law Department), Decatur; Jack R. Hancock, Arash Ali Sabzevari (Freeman Mathis & Gary, LLP), Forest Park; Kenneth Edward Jarrard, Kenneth Paul Robin (Jarrard & Davis, LLP), Cumming; Donald Andrew Cronin, Jr. (O'Quinn & Cronin LLC), McDonough, for appellee.
    Case Number: S17A1079

    The trial court did not err in granting summary judgment to the sheriffs of seven counties on process servers' petition for mandamus because process servers failed to show that the sheriffs violated any clear legal duty by exercising their discretion under O.C.G.A. 9-11-4.1 to determine, as a threshold matter, whether certified process servers may act in their respective counties.