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  • Lebis v. The State

    Publication Date: 2017-11-28
    Practice Area: Criminal Law
    Industry:
    Court: State Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Sandra Louise Michaels, John Richard Martin (Martin Brothers, PC.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Jeffrey Matthew Gore, Tracy Graham Lawson (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A0948

    There was insufficient evidence to support defendant's convictions for felony murder and 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 and several firearms possession counts.

  • Glenn v. The State

    Publication Date: 2017-11-09
    Practice Area: Criminal Law | Evidence
    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, Meghan Hobbs Hill, Christopher M. Carr (Department of Law), Atlanta; Lenny I. Krick, Sherry Boston, Anna Green Cross (Dekalb County District Attorneys Office), Decatur; Harry Steven Ruth (Office of the District Attorney), Decatur, for appellee.
    Case Number: S17A0858

    The Court affirmed defendant's murder conviction, finding that the trial court did not abuse its discretion in permitting lay witnesses to give testimony identifying defendant as one of the people in a surveillance video recording of the murder and robbery and the trial court did not err in denying defendant's motion to suppress evidence seized during the search of his sisters apartment.

  • Walker v. The State

    Publication Date: 2017-11-02
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Grant
    Attorneys: For plaintiff: Kelvin D. Walker, Pelham, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Elizabeth A. Baker, Tracy Graham Lawson (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A1406

    The trial court did not err in denying defendant's motion for an out-of-time appeal because it was clear from the face of the record that his convictions and sentences were proper and because he had no constitutional right to the assistance of counsel in pursuing his motion for out-of-time appeal, there was no error in the trial court's denial of his motion seeking appointment of counsel.

  • Smith v. The State

    Publication Date: 2017-10-30
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Court of Appeals
    Judge: Justice Grant
    Attorneys: For plaintiff: Dell Jackson, Decatur, 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: S17A1170

    The trial court did not abuse its discretion in allowing State's expert to testify that in his opinion the victimfs injuries were the result of abuse rather than accident and the Court, therefore, affirmed defendant's convictions for felony murder and other crimes in connection with the death of a 15-month-old girl.

  • Wilson v. The State

    Publication Date: 2017-10-09
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Grant
    Attorneys: For plaintiff: Jessica Irene Benjamin (Western Judicial Circuit Public Defenders Office), Athens, for appellant.
    for defendant: Brian Vance Patterson, James V. Chafin, Kenneth W. Mauldin (Western Judicial Circuit District Attorney's Office), Athens; Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, Christopher M. Carr (Department of Law), Atlanta, for appellee.
    Case Number: S17A0950

    Although the evidence supported defendant's convictions, the Court vacated defendant's sentence and remanded for resentencing based on merger errors.