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  • Goodrum v. The State

    Publication Date: 2018-03-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Matthew K. Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Monique Lynn Kirby, Edward Andrew Case, III (Coweta Judicial Circuit District Attorney's Office), LaGrange; Peter J. Skandalakis (Prosecuting Attorneys Council of Georgia), Morrow, for appellee.
    Case Number: S17A1748

    Defendant Had No Constitutional Right to Be Present When Attorneys Met in Chambers With Judge to Discuss Juror's Qualification

  • Barnett et al. v. Caldwell

    Publication Date: 2018-02-27
    Practice Area: Government | Wrongful Death
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Sidney Leighton Moore, III (The Moore Law Firm, P.C.), Atlanta; Shean DeCarlos Williams (The Cochran Firm Atlanta), Atlanta, for appellant.
    for defendant: Cheryl Lynn Haas, Halima Horton, Kurt Eric Lentz, (McGuire Woods LLP), Atlanta; Matthew Allen Fitzgerald (McGuire Woods LLP), Richmond; Phillip L. Hartley (Harben, Hartley & Hawkins, LLP), Gainesville, for appellee.
    Case Number: S17G0641

    A teacher was entitled to official immunity in a wrongful death suit brought by parents of a child who died in the teacher's classroom while the teacher was out of the room, because the complained-of actions were discretionary and plaintiffs did not present evidence of actual malice or intent to injure.

  • Norris v. The State

    Publication Date: 2018-02-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Long Dai Vo, Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta; Darius T. Pattillo, Blair Douglas Mahaffey (Flint Circuit District Attorneys Office), McDonough; Sharon Lee Hopkins (Henry County District Attorney's Office), McDonough, for appellee.
    Case Number: S17A1587

    The evidence sufficiently supported the trial courts determination that defendant knowingly and voluntarily waived his Miranda rights and gave his statements to police, even if he was intoxicated at the time as he later claimed.

  • Prothro v. The State

    Publication Date: 2018-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Jason W. Swindle, Sr., Dane M. Garland (Swindle Law Group, PC.), Carrollton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta; Anne Cobb Allen (Coweta Judicial Circuit District Attorney's Office), Carrollton; Peter J. Skandalakis (Prosecuting Attorneys Council of Georgia), Morrow, for appellee.
    Case Number: S17A1399

    Defendant failed to prove that he received constitutionally ineffective assistance of counsel in his trial on charges of malice murder and other crimes after he killed his grandfather and set his house on fire.

  • Manner v. The State

    Publication Date: 2017-12-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    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, Scott Orion Teague (Department of Law), Atlanta; Anna Green Cross, Lenny I. Krick, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S17A1519

    The trial court properly found that defendant was not entitled to a new trial based on ineffective assistance of counsel.

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  • Lebis v. The State

    Publication Date: 2017-12-28
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff:
    for defendant:
    Case Number: S17A0948

    There was insufficient evidence to support defendant's convictions for two counts of misdemeanor obstruction of a police officer after her husband fatally shot an officer who was attempting to arrest them, but the evidence was sufficient to support her convictions for two other misdemeanor obstruction counts, felony murder and several firearms possession counts.

  • Anthony v. The State

    Publication Date: 2017-12-07
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Reid G. Kennedy (Law Offices of Kennedy and Kennedy), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; John Richard Edwards, D. Victor Reynolds (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17A0989

    The evidence, including eyewitness identification, supported defendant's convictions for malice murder and possession of a firearm during the commission of a crime and he failed to prove his ineffective assistance of counsel claims as, among other things, post-trial counsel's subsequent disbarment did not itself show ineffective assistance in defendant's particular case.

  • Diversified Holdings, LLP v. City of Suwanee

    Publication Date: 2017-12-07
    Practice Area: Administrative Law | Civil Appeals | Land Use and Planning
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Matthew Parks Benson (Mahaffey Pickens Tucker, LLP), Lawrenceville, for appellant.
    for defendant: Richard A. Carothers, Amy Bryant Cowan, Thomas Monroe Mitchell (Carothers & Mitchell, LLC), Buford, for appellee.
    Case Number: S17A1140

    The trial court properly affirmed a local zoning boards denial of landowner's application to rezone certain property, finding that the denial was not arbitrary or capricious because the propertys current zoning was substantially related to the publics health, safety, morality and welfare.

  • Jones et al. v. Peach Trader Inc., et al.

    Publication Date: 2017-11-29
    Practice Area: Civil Appeals
    Industry: Distribution and Wholesale
    Court: State Court
    Judge: Justice Grant
    Attorneys: For plaintiff: David A. Powell (Law Office of David A. Powell), Gainesville, for appellant.
    for defendant: Teresa E. Adams (Adams Law LLC), Atlanta, for appellee.
    Case Number: S17A1314

    The Georgia Supreme Court vacated the trial courts order dismissing defendants' initial notice of appeal from an order modifying an existing interlocutory injunction and dismissed the appeal because an order modifying or dissolving an interlocutory injunction is not subject to direct appeal under O.C.G.A. § 5-6-34 subsection(a) (4).

  • Thompson v. The State

    Publication Date: 2017-11-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    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, S. Taylor Johnston (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: S17A0935

    Although the evidence supported defendant's convictions for two counts of malice murder, the Court reversed his convictions because the trial court erred in admitting certain character evidence at trial and the error was not harmless.