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  • Green v. The State

    Publication Date: 2018-09-10
    Practice Area: Criminal Appeals | Criminal Law
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Dennis Clarence Francis, Jr., (Metro Conflict Defender), Atlanta, Matthew Thomas Dale, (Law Office of Matthew T. Dale), Tifton, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, (Department of Law), Atlanta, Karl David Cooke, Jr., Sandra G. Matson, (Macon Judicial Circuit District Attorney's Office) Macon, for appellee.
    Case Number: S18A0796

    Court Rejects Appeal by Convicted Murder who Denied Firing Fatal Shots

  • Kennedy v. The State

    Publication Date: 2018-09-07
    Practice Area: Criminal Appeals | Criminal Law
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Ryan Christopher Locke (Locke Law Firm LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, (Department of Law), Atlanta, Paul L. Howard, Jr., Lyndsey Hurst Rudder, F. McDonald Wakeford, (Fulton County District Attorney's Office) Atlanta, for appellee.
    Case Number: S18A0845

    Court Rejects Ineffective Assistance Claim by Convicted Murderer

  • Starks v. The State

    Publication Date: 2018-09-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Lynn M. Kleinrock, (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Patricia B. Attaway Burton, Deputy, Paula Khristian Smith, Senior Assistant, Michael Alexander Oldham, (Department Of Law), Atlanta, Daniel J. Porter, District Attorney (Gwinnett County District Attorney's Office), Lawrenceville, Lee Franklin Tittsworth, A.D.A. (Gwinnett Circuit District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S18A0902

    Defendant Not Prejudiced by Trial Counsel's Failure to Challenge Rebuttal Testimony and Prosecutor's Closing Argument

  • Stribling v. The State

    Publication Date: 2018-09-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Richard O. Allen, Atlantic Beach, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, (Department of Law), Atlanta, Andrew J. Ekonomou, (Brunswick Judicial Circuit District Attorney's Office), Brunswick, Jacquelyn Lee Johnson, (Brunswick Judicial Circuit District Attorney's Office), Woodbine, Richard A. Malone, (Office of The District Attorney), Jesup, for appellee.
    Case Number: S18A0595

    Defendant's actions were the proximate cause of a victim's death, where victim died after removal of life support

  • Witherspoon v. The State

    Publication Date: 2018-09-04
    Practice Area: Criminal Appeals | Criminal Law
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Rufus Charles Witherspoon (Dodge State Prison), Chester, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, Jacquelyn Lee Johnson, (Brunswick Judicial Circuit District Attorney's Office), Woodbine, Andrew J. Ekonomou (Brunswick Judicial Circuit District Attorney's Office), Brunswick, for appellee.
    Case Number: S18A0887

    Court Affirms Dismissal of Untimely Filed Motions in Arrest of Judgment

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  • Nalls v. The State

    Publication Date: 2018-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Steven Eric Phillips (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Arthur C. Walton (Fulton County Courthouse), Atlanta, for appellee.
    Case Number: S18A0147

    The Supreme Court overruled prior precedent that supported defendant's contention that murder and hindering are always mutually exclusive and affirmed his convictions on those and other counts, as well as his co-defendant's convictions.

  • Tucker v. Atwater et al.

    Publication Date: 2018-06-25
    Practice Area: Constitutional Law | Government
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: S18C0437

    The Supreme Court denied teacher's petition for certiorari after the Court of Appeals reversed the denial of summary judgment to county school officials in teacher's suit under 42 USC § 1983 alleging that officials violated her First Amendment rights by disciplining her after she posted a particular comment on a social media website.

  • Brock v. Hardman

    Publication Date: 2018-06-07
    Practice Area: Civil Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: James L Brock III, Glennville, for appellant.
    for defendant: Ann Hardman (Clerk's Office, Muscogee County Superior Court), Columbus, for appellee.
    Case Number: S18A0393

    The Supreme Court dismissed prisoner's appeal from the denial of his mandamus petition seeking records related to his two murder convictions for failure to file a discretionary application as O.C.G.A. § 42-12-8 requires for civil cases filed by prisoners.

  • Dorsey v. The State

    Publication Date: 2018-05-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Robert Gerald O'Melveny (Chattahoochee Jucicial Circuit Public Defenders), Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-soo Youn (Department of Law), Atlanta; Julia Anne Fessenden Slater, Christopher D'Oyen Williams (Chattahoochee Judicial Circuit District Attorney's Office), Columbus, for appellee.
    Case Number: S18A0121

    The evidence supported defendant's convictions for malice murder and possession of a firearm during the commission of a felony, as the jury was authorized to reject defendant's claim that he was provoked into shooting the victim or that he acted in self-defense.

  • Caffee v. The State

    Publication Date: 2018-05-29
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Gregory A. Hicks (Law Offices of Gregory A. Hicks), Woodstock, for appellant.
    for defendant: David Martin McElyea, Jessica K. Moss, Carlton Todd Hayes (Cherokee County Solicitor General's Office), Canton, for appellee.
    Case Number: S17G1691

    Probable Cause Will Not Justify Warrantless Search Absent Exception to Warrant Requirement