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  • Puckett v. The State

    Publication Date: 2018-06-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Penny Alane Penn, Sandra Ann Partridge (Forsyth County District Attorney's Office), Cumming; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Sharon Lee Hopkins (Flint Circuit District Attorney's Office), McDonough, for appellee.
    Case Number: S18A0203

    The evidence supported defendant's convictions for malice murder, felony murder and family violence aggravated assault in connection with the shooting death of his father in front of his young son.

  • New Cingular Wireless PCS, LLC et al. v. Georgia Department Of Revenue et al.

    Publication Date: 2018-05-11
    Practice Area: Communications and Media | Tax
    Industry: Technology Media and Telecom
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Bryan Anthony Vroon (Law Offices of Bryan A. Vroon LLC), Atlanta; Margaret C. Wilson (Wilson Law Group LLC), Somerville, for appellant.
    for defendant: William Wright Banks Jr., Alex Fredrick Sponseller, Christopher M. Carr, Nancy M. Gallagher (Department of Law), Atlanta, for appellee.
    Case Number: S17G1256

    The Supreme Court partially reversed and partially vacated the Court of Appeals' decision affirming the dismissal of a suit AT&T filed against the Georgia Department of Revenue to challenge the denial of a request for a tax refund.

  • Williams v. The State

    Publication Date: 2018-05-10
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Chaunda Brock (Brock Law LLC), Atlanta, 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., Lyndsey Hurst Rudder, Marc A. Mallon (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0001

    The trial court did not abuse its discretion in denying defendants motion to obtain funds for an expert witness in his murder trial arising from the death of his girlfriends 4-year-old son, as defendant did not provide sufficient information to allow the trial court to make an informed decision about his need for assistance.

  • Hendrix v. The State

    Publication Date: 2018-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Vanessa Therese Meyerhoefer (Department of Law), Atlanta; Margaret Ellen Heap, Isabel M. Pauley (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S18A0382

    Statement Previously Made to Police by Reluctant Witness Was Admissible Under Exception to Hearsay Rule

  • Taylor v. The State

    Publication Date: 2018-04-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Christina Rupp Cribbs, Jacob Dennis Rhein (Georgia Public Defender Council - Appellate Division), Atlanta; Russell Robert Jones (Office of the Public Defender), Springfield, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Joshua Bradley Smith, Natalie Spires Paine, Rebecca Ashley Wright (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.
    Case Number: S17A1627

    The trial court did not err in admitting certain evidence in defendant's trial for the murder of an elderly disabled man for whom defendant provided live-in care.

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    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Jacobs v. The State

    Publication Date: 2018-04-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Kristina Goodwin Connell (Connell Law Firm), Augusta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Kevin Richard Majeska, William Patrick Doupé, Dennis C. Sanders (Toombs Judicial Circuit District Attorney's Office), Thomson, for appellee.
    Case Number: S17A1892

    The evidence supported defendant's convictions related to the murder of his wife and the trial court did not err in allowing State to introduce into evidence certain statements the victim made before her death under the residual hearsay exception contained in O.C.G.A. § 24-8-807 of Georgias new Evidence Code.

  • Greene v. The State

    Publication Date: 2018-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    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, Meghan Hobbs Hill (Department of Law), Atlanta; Margaret Ellen Heap, Emily Catherine Puhala (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S17A1349

    The trial court did not reversibly err in admitting certain evidence in defendant's murder trial and the evidence supported his convictions.

  • The State v. Harper

    Publication Date: 2018-03-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Sharell Fincher Lewis, Rebecca Holmes Liles Grist, Donyale Nicole Leslie (Bibb County Solicitor-General's Office), Macon, for appellant.
    for defendant: Andrew Charles Hall (Hall Hirsh Hughes LLC), Decatur, for appellee.
    Case Number: S17G0199

    The Supreme Court reversed the Court of Appeals' decision holding that defendant could not be found guilty of trespass under O.C.G.A. § 16-7-21 (b) (2) as a matter of law after he entered a residence through a locked door from the backyard without the homeowner's knowledge or permission, because the locked entry door to the homeowners residence provided reasonable and sufficiently explicit notice to defendant that entry into the residence was forbidden.

  • Walton v. The State

    Publication Date: 2018-03-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Andrew Santos Fleischman (Ross & Pines, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Haase Brock (Department of Law), Atlanta; Anna Green Cross, Lenny I. Krick, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S17A1756

    Defendant Not Prejudiced by Trial Counsel's Failure to Review Police Report Describing Violent Altercation Prior to Events Leading to Homicide

  • The Mayor and Aldermen of Garden City v. Harris et al.

    Publication Date: 2018-02-23
    Practice Area: Personal Injury | Premises Liability
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Patrick T. O'Connor, David William Bobo Mullens, III, James Philip Gerard (Oliver Maner LLP), Savannah, for appellant.
    for defendant: Christopher Dorian Britt (Karsman, McKenzie & Hart), Savannah, for appellee.
    Case Number: S17G0692

    City was entitled to summary judgment in plaintiffs' suit to recover for injuries their daughter suffered at a City-owned and maintained football stadium because the Recreational Property Act provided immunity to City since the injured party was allowed to use City's property for recreational purposes free of charge.