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  • Taylor v. The State

    Publication Date: 2018-05-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Alfonza Whitaker (Whitaker & Whitaker), Columbus; Leon Jacobson (Bukh Law Firm PLLC), Brooklynn, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; Lalaine Aquino Briones (Prosecuting Attorneys' Counsel of Georgia), Morrow; Julia Anne Fessenden Slater (Chattahoochee Judicial Circuit District Attorney's Office), Columbus; Charles Alan Spahos, Morehead City for appellee.
    Case Number: S18A0276

    Jury Could Rationally Conclude That Hit-And-Run Driver Proximately Caused Embolism That Followed Hit-And-Run Injuries

  • Leanos v. The State

    Publication Date: 2018-05-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Arturo Corso (The Corso Law Center LLC), Gainesville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Lee Darragh, Shiv Sachdeva (Northeastern Circuit District Attorney's Office), Columbus, for appellee.
    Case Number: S18A0528

    The evidence supported defendant's convictions for felony murder and other crimes in connection with the killing of a taxi driver.

  • Soto v. The State

    Publication Date: 2018-05-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: James Waring Gibert (El Gallo Legal), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Matthew Min-soo Youn, Christopher M. Carr (Department of Law), Atlanta; John Richard Edwards, D. Victor Reynolds, Michael Scott Carlson (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S18A0346

    Record Supported Trial Court's Refusal to Charge Aggravated Assault as Lesser Offenses of Reckless Conduct or Terrorist Act

  • Stephens v. The State

    Publication Date: 2018-05-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Steven Alexander Miller (Steven A. Miller Law), Summerville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Stewart David Bratcher, Rosemary M. Greene (Cherokee Judicial Circuit District Attorney's Office), Cartersville, for appellee.
    Case Number: S18A0421

    Evidence Supported Conclusion Infant Ingested Cocaine After Finding It Where Parent Stored It For Sale

  • Southeastern Pain Specialists, P.C. v. Brown et al.

    Publication Date: 2018-04-11
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: William Curtis Anderson (Downey & Cleveland LLP), Marietta, for appellant.
    for defendant: James Nicholas Sadd, Daniel Marshall Epstein, Edward Malcum Wynn III (Slappey & Sadd LLC), Atlanta; John E. Hall Jr., Nichole Lee Hair (Hall Booth Smith P.C.), Atlanta; Frank Mitchell Lowrey IV, Robert Lawrence Ashe III (Bondurant, Mixson & Elmore, LLP), Atlanta; David Frank Root (Carlock, Copeland & Stair, LLP), Neil Edwards (Attorney at Law), Atlanta, for appellee.
    Case Number: S17G0732

    The Court of Appeals erred in finding that an ordinary negligence instruction was authorized by evidence that a doctor defendant responded inadequately to medical data provided by certain medical equipment during a medical procedure and thus erred in affirming a nearly $22 million award following the trial court's erroneous jury instruction on ordinary negligence.

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Kennedy v. Kohnle

    Publication Date: 2018-03-15
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, Christopher M. Carr (Department of Law), Atlanta, for appellant.
    for defendant: Macklyn A. Smith, Lawrenceville, for appellee.
    Case Number: S17A1419

    The habeas court erred in applying Alexander v. State, 297 Ga. 59 (2015) retroactively to find that plea counsel performed deficiently in failing to advise defendant that she would not be eligible for parole for 30 years if she pleaded guilty, as Alexander created a "new rule" and thus did not apply retroactively.

  • Kemp v. The State

    Publication Date: 2018-03-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Konrad Gerhard Waldemar Ziegler, Christopher Ryan Lee (Lee & Ziegler, LLP), Canton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Matthew Min-soo Youn, Christopher M. Carr (Department of Law), Atlanta; Michael Scott Carlson, John Stuart Melvin, D. Victor Reynolds, John Richard Edwards (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17A1646

    The evidence supported defendants' convictions for malice murder and other crimes in connection with a planned robbery that turned fatal and the trial court properly admitted a former police informant's testimony about statements one of the defendants made to him while they were in jail together, as the former informant was not acting as a government agent at that time.

  • Leeks v. The State

    Publication Date: 2018-03-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Genevieve Holmes (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Paul L. Howard, Jr., Marc A. Mallon, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1585

    The trial court did not reversibly err in its jury charges in defendant's trial for malice murder and other charges stemming from the robbery and fatal shooting of a Fulton County convenience store clerk.

  • Wallace v. The State

    Publication Date: 2018-03-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Maryann Faith Blend (Maryann F. Blend, Esq., PC.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Daniel J. Porter, Lee Franklin Tittsworth (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S17A1900

    Trial Court Did Not Err in Refusing to Reinstate Dismissed Juror

  • Calloway v. The State

    Publication Date: 2018-03-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Jennifer Elaine Hildebrand (Hildebrand Law Office, PC.), LaFayette, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Herbert E. Franklin, Jr. (Lookout Mountain Judicial Circuit District Attorney's Office), LaFayette, for appellee.
    Case Number: S17A2019

    Federal Conviction for Attempt to Manufacture Meth Barred Subsequent Prosecution of State Law Felony Murder Predicated on Meth Crime