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  • The State v. Rhodes

    Publication Date: 2020-08-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Joyette Holmes, Marietta, John Edwards, Amelia Pray, John Melvin, (District Attorney's Office, Cobb Judicial Circuit), Marietta, for appellant.
    for defendant: Ashleigh Merchant, (The Merchant Law Firm, PC), Marietta, for appellee.
    Case Number: A20A0246

    Court affirms order granting a defendant a new trial on charges of aggravated child molestation

  • Nelson v. Wilkey

    Publication Date: 2020-08-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Billy J. Dixon, Tracy Graham Lawson, (Clayton County District Attorney's Office), Jonesboro, Elizabeth A. Baker, (Fayette County District Attorney's Office), Fayetteville, for appellant.
    for defendant: Maryann Faith Blend, (Maryann F. Blend, Esq., P.C.), Lawrenceville, for appellee.
    Case Number: S20A0013

    Court affirms grant of habeus relief where defendant received ineffective assistance of plea counsel on his right to withdraw a guilty plea

  • Schaeffer v. Kearney

    Publication Date: 2020-07-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Daniel Lee, (Attorney for the City of Sandy Springs), Sandy Springs, Sean Ryan, (Freeman Mathis & Gary, LLP), Atlanta, for appellant.
    for defendant: Crail Lewis, (Law Office of Crail A. Lewis, LLC), Atlanta, for appellee.
    Case Number: A20A0264

    Court reverses an order granting a writ of mandamus to bound a municipal matter over to superior court because petitioner's correct remedy was a writ of certiorari

  • Alexander v. The State

    Publication Date: 2020-06-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Nicholas White, (Attorney at Law), Nicholas White, for appellant.
    for defendant: Samuel Altman, Kelly Weathers, (Middle Judicial Circuit - District Attorney), Swainsboro, for appellee.
    Case Number: A20A0293

    Court affirms a convictions for felony fleeing over defendant's objections to sufficiency of evidence and trial court error in failing to act as a thirteenth juror

  • Burley v. The State

    Publication Date: 2020-06-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Douglas G. Burley, (Phillips State Prison), Buford, for appellant.
    for defendant: William Arles Lisenby, Jr., (Chattahoochee Judicial Circuit District Attorney's Office), Hamilton, Julia Anne Fessenden Slater, (Chattahoochee Judicial Circuit District Attorney's Office), Columbus, Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton, (Department of Law), Atlanta, for appellee.
    Case Number: S20A0356

    Court vacates trial court's denial of a motion for an out-of-time appeal and remands for a hearing on murder defendant's claims of ineffective assistance of counsel

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    Authors: T. BART GARY, JAKE CARROLL

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  • Oliver v. The State

    Publication Date: 2020-06-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Troy Edward Golden, (Dougherty Circuit Public Defender's Office), Albany, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill, (Department of Law), Atlanta, Gregory W. Edwards, Harold Ronald Moroz, (Dougherty County District Attorney's Office), Albany, for appellee.
    Case Number: S20A0489

    Court rejects felony murder defendant's appeal to his negotiated guilty plea because the facts in the record were contrary to his arguments

  • Thomas v. The State

    Publication Date: 2020-06-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Thomas Clegg, (Thomas Clegg, LLC), Lawrenceville, for appellant.
    for defendant: Marlene Zekser, Daniel Porter, Samuel D'entremont, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A20A0094

    Court affirms aggravated assault and other convictions over defendant's multiple contentions of error and denial of rights

  • Leslie v. The State

    Publication Date: 2020-06-10
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Elizabeth Brandenburg, Leigh Schrope, (Law Firm of Shein & Brandenburg), Atlanta, Marcia Shein, (Law Office of Marcia G. Shein, P.C.), Decatur, for appellant.
    for defendant: Ryan Leonard, Sean Garrett, (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A19A0556

    Court affirms defendant's kidnapping and armed robbery convictions over multiple contentions of error

  • Martin v. The State

    Publication Date: 2020-05-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Michael Wayne Tarleton, (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Jonathan Lang Adams, Elizabeth Knight Presley, Cynthia Trimboli Adams, (Towaliga Circuit District Attorney's Office), Barnesville, Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick, (Department of Law), Atlanta, for appellee.
    Case Number: S20A0273

    Court affirms murder convictions over defendant's contentions of ineffective assistance of counsel, but vacates improper sentence and remands for resentencing

  • Watts v. The State

    Publication Date: 2020-05-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Ryan Christopher Locke, (Locke Law Firm LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick, (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: S20A0251

    Court rejects defendant's contention of ineffective assistance of counsel and affirms malice murder conviction from defendant's second trial