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  • Glover v. The State

    Publication Date: 2022-05-11
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Lawrenceville, Kelsey Wiley, (Wiley Defense, P.C.), Cumming, for appellant.
    for defendant: Patsy Austin-Gatson, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, Gregory Mark, (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.
    Case Number: A22A0729

    Under Recent Georgia Supreme Court Authority, Motion For Out-Of-Time Appeal Had to be Dismissed

  • Lilly v. The State

    Publication Date: 2022-04-25
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jennifer Arndt, (Assistant Public Defender), Covington, for appellant.
    for defendant: Randal McGinley, Jillian Hall, (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A22A0564

    Motion For Out-Of-Time Appeal No Longer Legally Cognizable Vehicle For Seeking Relief From Alleged Constitutional Violations

  • McNeil v. The State

    Publication Date: 2022-04-18
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Ashleigh Merchant, (The Merchant Law Firm, PC), Marietta, for appellant.
    for defendant: Anthony Williams, (Assistant District Attorney), Dallas, Matthew Rollins, (Paulding Circuit District Attorney's Office), Dallas, for appellee.
    Case Number: A21A1769

    Trial Counsel's Failure to Secure Expert Witness to Challenge Reliability of Child Victim's Testimony Was Not Prejudicial

  • Alexander v. The State

    Publication Date: 2022-04-14
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Erica Patrick Shepley, James Bradley Smith, (Piedmont Judicial Circuit District Attorney's Office), Jefferson, for appellee
    Case Number: S21G0112

    Showing of Actual Prejudice Required to Establish Ineffectiveness of Counsel For Failure to Object to Courtroom Closure

  • Cook v. The State

    Publication Date: 2022-04-14
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Deborah Lorraine Leslie, (The Leslie Group, LLC), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ross Warren Bergethon, William Wright Banks, Jr, Ashleigh Dene Headrick, Stephen John Petrany, (Department of Law), Atlanta, Oliver Jackson Browning, Jr., (Tallapoosa Judicial Circuit District Attorney's Office), Cedartown, for appellee; Jill Anderson Travis, (Georgia Association of Criminal Defense Lawyers), Decatur, Brandon A. Bullard, (The Bullard Firm, LLC), Atlanta, Greg Allen Willis, (Willis Law Firm), Atlanta, Joseph Scott Key, (Miller & Key, PA), McDonough, Peter J. Skandalakis, Robert Wright Smith, Jr., (Prosecuting Attorneys Council of Georgia), Morrow, James C. Bonner, Jr., (Georgia Public Defender Council), Atlanta, for Neutral Amicus.
    Case Number: S21A1270

    Criminal Defendant Alleging Deprivation of Right of Appeal Due to Ineffective Assistance of Counsel Must Seek Habeas Relief

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  • Rutledge v. The State

    Publication Date: 2022-04-13
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Greg Howard Bell, (Greg Howard Bell, Attorney at Alw), Warner Robins, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, George Herbert Hartwig, (Houston County District Attorney's Office), Perry, for appellee.
    Case Number: S21A1036

    Criminal Defendant Alleging Deprivation of Right of Appeal Due to Ineffective Assistance of Counsel Must Seek Habeas Relief

  • Bland v. The State

    Publication Date: 2022-04-08
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jonathan Lockwood, (Office of the Public Defender Brunswick Judicial Circuit), Jesup, for appellant.
    for defendant: Charles Higgins, (District Attorney's Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney's Office for the Brunswick Judicial Circuit), Kingsland, for appellee.
    Case Number: A21A1547

    Trial Court's Error in Proceeding With Critical Stages of Trial in Defendant's Absence Required Reversal of Conviction

  • Wright v. The State

    Publication Date: 2022-03-29
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Lucy Roth, (Augusta Office of the Public Defender), Augusta, for appellant.
    for defendant: Kevin Majeska, (District Attorney, Columbia Jud. Circuit), Evans, Joshua Smith, Jared Williams, (District Attorney's Office), Augusta, for appellee.
    Case Number: A21A1655

    Trial Court Erred in Admitting Facts Underlying Defendant's Prior Convictions

  • Daniels v. The State

    Publication Date: 2022-03-24
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Robert L. Wadkins, Jr., (Wadkins & Wallace P.C.), Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Parisia Faith Sarfarazi, (Department of Law), Atlanta, Mark Preston Jones, Columbus, Frederick Lewis, (Chattahoochee Judicial Circuit District Attorney's Office), Columbus, for appellee.
    Case Number: S21A1268

    Juvenile Suspect Knowingly and Voluntarily Waived Constitutional Rights Before Speaking With Police

  • Harris v. The State

    Publication Date: 2022-03-17
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Blaise Harris, (Wilcox State Prison), Abbeville, for appellant.
    for defendant: Patsy Austin-Gatson, Tristan Gillespie, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A21A1764

    Trial Court Lacked Jurisdiction to Increase Sentences on Counts Which Defendants Had Already Begun Serving