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  • Smith v. The State

    Publication Date: 2022-03-16
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Erik Smith, (Jenkins Correctional Facility), Millen, for appellant.
    for defendant: Louie Fraser, Leslie Ray, (Assistant District Attonrey Dublin Judicial Circuit), Dublin, for appellee.
    Case Number: A22A0181

    Trial Court Failed to Apply Correct Legal Analysis in Weighing Ineffective Assistance of Counsel Claims

  • Shelton v. State

    Publication Date: 2022-03-02
    Practice Area: Constitutional Law | Criminal Law | Tax
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Nicole Jones, (Jones Federal & Appellate, LLC), Douglasvile, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, Elizabeth Dalia Racine, Aimee F. Sobhani, (Douglas County District Attorney’s Office), Douglasville, for appellee.
    Case Number: S21A0935

    Defense Counsel Not Ineffective For Failing to Seek Mental Health Evaluation of Defendant's Criminal Responsibility at Time of Crime

  • Huff v. The State

    Publication Date: 2022-02-24
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Karen Brouse, (Brouse Law), Blue Ridge, for appellant.
    for defendant: Leigh Patterson, Leah Mayo, (Rome District Attorney's Office), Rome, for appellee.
    Case Number: A21A1539

    Defendant Acquiesced in Counsel's Waiver of Defendant's Right to be Present at Bench Conferences

  • Gardei v. Conway et al.

    Publication Date: 2022-02-18
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Mark Allen Yurachek, (Yurachek & Associates, LLC), Atlanta, for appellant.
    for defendant: Thomas Monroe Mitchell, (Carothers & Mitchell, LLC), Buford, Tuwanda Rush Williams, Murray Joseph Weed, (Gwinnett County Department of Law), Lawrenceville, Patricia B. Attaway Burton, Elizabeth McRary Crowder, Tina Michelle Piper, Christopher M. Carr, Andrew Alan Pinson Drew F. Waldbeser, (Department of Law), Atlanta, for appellee.
    Case Number: S21G0430

    Causes of Action in Petition Seeking Determination as to Sex Offender's Future Registration Requirements Had Not Yet Accrued

  • Brennan v. The State

    Publication Date: 2022-02-18
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Donald Robert Roch, II, (The Roch Firm, P.C.), Canton, Kyle E. Koester, (Law Offices of Kyle E. Koester, LLC), Woodstock, for appellant.
    for defendant: John Thomas Durden, Jr., (Atlantic Judicial Circuit District Attorney's Office), Hinesville, Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta.
    Case Number: S21A1183

    Disclosure of Tentative Plea Agreement at USCR 33.5 Pretrial Conference Was Not Critical Stage Requiring Defendant's Presence

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    Georgia Construction Law Handbook 2024

    Authors: T. BART GARY, JAKE CARROLL

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  • Terrell v. The State

    Publication Date: 2022-02-17
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Sydney Rene Strickland, (Strickland Webster, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, William C. Enfinger, (Department of Law), Atlanta, Fani T. Willis, Kevin Christopher Armstrong, Lyndsey Hurst Rudder, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S21A0942

    No Showing That Appeal Delay Warranted New Trial

  • Awad v. The State

    Publication Date: 2022-02-07
    Practice Area: Constitutional Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: D. Benjamin Sessions, (The Sessions Law Firm, LLC), Atlanta, for appellant.
    for defendant: Mark Patrick Higgins, Jr., Herbert McIntosh Poston, Jr., (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee; Greg Allen Willis, (Willis Law Firm), Atlanta, Kimberly A. Dymecki, Peachtree Corners, Hunter Joseph Rodgers, (Paulding County Public Defender's Office), Dallas, for Amicus Appellant; Omeeka P. Loggins, (Augusta-Richmond County Solicitor General's Office), Augusta, Robert Wright Smith, Jr., Gilbert Alexander Crosby, (Prosecuting Attorney's Council of Georgia), Morrow, for Neutral Amicus; Andrew Alan Pinson, Ross Warren Bergethon, (Department of Law), Atlanta, for Other Party.
    Case Number: S21G0370

    Court determines that evidence of a defendant's refusal to submit a urine sample is inadmissible because admission violates the right against compelled self-incrimination

  • Parrish v. The State

    Publication Date: 2022-02-02
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Fani Willis, (Fulton County District Attorney's Office), Atlanta, Kevin Armstrong, (Office of the District Attorney), Atlanta, for appellee.
    Case Number: A21A1315

    Any Error in Allowing Defendant to be Impeached at Trial by Written Statement Drafted by Trial Counsel Was Harmless

  • Williams v. The State

    Publication Date: 2022-01-24
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Ivery Williams, (Jenkins Correctional Facility), Millen, for appellant.
    for defendant: George Barnhill, (District Attorney), Waycross, John Rumker, (Assistant District Attorney), Douglas, for appellee.
    Case Number: A21A1654

    Trial Court Did Not Abuse Discretion in Concluding Two-Year Delay Did Not Violate Defendant's Speedy Trial Rights

  • Cedillo v. The State

    Publication Date: 2022-01-11
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Joseph Key, Kayci Timmons, (Miller & Key PA), McDonough, for appellant.
    for defendant: Bradford Rigby, (District Attorney's Office of the Cordele Judicial), Cordele, Patrick Warren, (Assistant District Attorney), Nashville, for appellee.
    Case Number: A21A1661

    Trial Court Erred in Failing to Make Credibility and Factual Findings on Claims of Ineffective Assistance of Counsel