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  • Johnson v. The State

    Publication Date: 2021-09-09
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Frier, (Attorney at Law), Atlanta, for appellant.
    for defendant: Fani Willis, Aslean Eaglin, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A21A1054

    Defendant Impliedly Consented to Mistrial By Failing to Object

  • Townsend v. The State

    Publication Date: 2021-08-30
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Nahmias
    Attorneys: For plaintiff: Joshua Joseph Smith, Dalton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, William C. Enfinger, (Department of Law), Atlanta, Herbert McIntosh Poston, Jr., (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: S21A0997

    Trial Counsel Not Ineffective For Failing to Seek Jury Instruction on Lesser Included Homicide Offense

  • Harvey v. The State

    Publication Date: 2021-08-27
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Brandon A. Bullard, (The Bullard Firm, LLC), Atlanta, William Allen Adams, Jr., (Griffin Circuit Public Defender Office), Thomaston, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Leslie Anna Coots, (Department of Law), Atlanta, Elizabeth A. Baker, (Fayette County District Attorney's Office), Fayetteville, Marie Greene Broder, (Griffin Judicial Circuit District Attorney's Office), Thomaston, for appellee.
    Case Number: S21A0871

    Plea Counsel Did Not Perform Deficiently In Advising Defendant Regarding Right to Withdraw Plea and File Direct Appeal

  • Vivian v. The State

    Publication Date: 2021-08-27
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Benjamin A. Davis, Jr., Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick, (Department of Law), Atlanta, Fani T. Willis, Marc A. Mallon, Lyndsey Hurst Rudder, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S21A0877

    Trial Court Had No Sua Sponte Duty to Advise Defendant Seeking New Counsel of His Right to Represent Himself

  • Laghaeifar v. The State

    Publication Date: 2021-08-26
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Elizabeth Geoffroy, Raymond Giudice, (Raymond V. Giudice, PC), Atlanta, for appellant.
    for defendant: Ruth Pawlak, Fani Willis, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A21A0911

    Defendant's Prior Guilt Plea to Charge Arising From Same Conduct and Same Transaction Precluded New Charge

  • Law Journal Press | Digital Book

    Texas Legal Malpractice & Lawyer Discipline 2024

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Rutledge v. The State

    Publication Date: 2021-08-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jeffrey Rutledge, (Washington State Prison), Davisboro, for appellant.
    for defendant: Louie Fraser, Peter Larsen, (Assistant District Attorney), Dublin, for appellee.
    Case Number: A21A1086

    Probation Condition Prohibiting Convicted Child Sex Offender From Possessing Adult Pornography Was Not Unconstitutional

  • Gowen v. The State

    Publication Date: 2021-07-30
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Kelly Wegel, (Western Circuit Public Defender), Athens, for appellant.
    for defendant: Deborah Gonzalez, (Western Judicial Circuit, DA), Athens, Kenneth Mauldin, (District Attorney), Athens, Alex Cidado, (Athens Clarke County District Attorney's Office), Athens, for appellee.
    Case Number: A21A0651

    Officer Who Smelled What Might Have Been Either Marijuana or Hemp Had Probable Cause to Search Vehicle

  • Thomas v. The State

    Publication Date: 2021-07-13
    Practice Area: Constitutional Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Cara Clark, (Dwayne C. Singleton, LLC), Griffin, for appellant.
    for defendant: Fani Willis, Paul Howard, David Getachew-Smith, (Fulton County District Attorney), Atlanta, for appellee.
    Case Number: A21A0492

    Trial Court's Failure to Ensure Defendant Was Present at Bench Conferences Did Not Violate His Constitutional Rights

  • Kuprian v. The State

    Publication Date: 2021-07-02
    Practice Area: Constitutional Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: James Theodocion, (Attorney at Law), Augusta, for appellant.
    for defendant: Elizabeth Baker, (Griffin Judicial Circuit District Attorney Fayette County District Attorney's Office), Fayetteville, Donna Gopaul, (Forsyth County Solicitor's Office), Cumming, Marie Broder, (Spalding County District Attorney's Office), Griffin, for appellee.
    Case Number: A21A0472

    Other-Acts Evidence of Child Molestation in Another State Admissible to Show Motive and Intent

  • Young v. The State

    Publication Date: 2021-06-25
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Josh David Moore, Thea Adele Delage, (Office of the Georgia Capital Defender), Atlanta, Brian Stull, (American Civil Liberties Union), Durham, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Sabrina Dawn Graham, (Department of Law), Atlanta, Randal Matthew McGinley, (Alcovy Judicial Circuit District Attorney's Office), Covington, for appellee. Andrew John King, (Fisherbroyles, LLP), Atlanta, Laurence Shtasel, Taylor Lake, Heidi Crikelair, (Blank Rome LLP), Philidelphia, for Amicus Appellant. Vanessa J. Carroll, (Georgia Resource Center), Atlanta, for Other Party.
    Case Number: S21P0078

    Requiring Death Penalty Defendant to Prove Intellectual Disability Beyond Reasonable Doubt Not Unconstitutional