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  • The State v. Rodriguez

    Publication Date: 2020-01-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McMillian
    Attorneys: For plaintiff: Bonnie Smith, (Assistant District Attorney), Carrollton, John Cranford, (Coweta Judicial Circuit), Newnan, for appellant.
    for defendant: Hannah Mitchell, Carrollton, for appellee.
    Case Number: A19A1875

    State has no authority to appeal a trial court order compelling the State to comply with a pretrial diversion order that it had offered but had later withdrawn

  • The State v. Johnson

    Publication Date: 2020-01-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: John Fowler, Billy Dixon, (Clayton County District Attorney's Office), Jonesboro, Tasha Mosley, Charles Brooks, (Harold R. Banke Justice Center), Jonesboro, Tracy Lawson, (District Attorney), Jonesboro, for appellant.
    for defendant: Shameka Clair, (The Clair Firm LLC), Atlanta, for appellee.
    Case Number: A19A1967

    A court cannot reverse a conviction for a traffic violation if it does not have a record of the proceedings and evidence that led to that conviction

  • Ricks v. The State

    Publication Date: 2019-12-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Bentley C. Adams, III, (Attorney at Law), Lihue, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Vanessa Therese Sassano, Christopher M. Carr, (Department of Law), Atlanta, Stephen Andrew Bradley, Tammy G. Coffey, (Distict Attorney's Office, Ocmulgee Judicial Circuit), Milledgeville, for appellee.
    Case Number: S19A0597

    Court vacates order denying murder defendant's multiple filings and remands case with instructions to dismiss those filings as being untimely or as nullities

  • Eberhart v. The State

    Publication Date: 2019-12-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Sandra Louise Michaels, John Richard Martin, (Martin Brothers, P.C.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Katherine DeRosa Emerson, (Department of Law), Atlanta. Paul L. Howard, Jr., Lyndsey Hurst Rudder, F. McDonald Wakeford, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S19A0803

    Proof of Infliction of Intense Physical Pain Is Enough to Support a Finding of Serious Bodily Injury to Support an Aggravated Assault Conviction

  • Robert Ray Whipkey v. The State

    Publication Date: 2019-12-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Herman Kilgore, (Attorney at Law), Marietta, for appellant.
    for defendant: Susan Treadaway, Joyette Holmes, John Edwards, D. Reynolds, John Melvin, (Chief Assistant District Attorney Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A19A0897

    Court reverses trail court order that had vacated an earlier discharge order and that had adjudicated a defendant guilty of drug possession

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    Texas Legal Malpractice & Lawyer Discipline 2024

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

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  • Bell v. The State

    Publication Date: 2019-12-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McMillian
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Layla Zon, Jillian Hall, (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A19A1398

    Evidence Was Sufficient for a Trier of Fact to Find the Essential Elements of Aggravated Sodomy Beyond a Reasonable Doubt

  • Sosa v. The State

    Publication Date: 2019-12-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Cristobal Lara Sosa, Pelham, for appellant.
    for defendant: Elizabeth Baker, John Fowler, (Clayton County District Attorney's Office), Jonesboro, Tasha Mosley, Tracy Lawson, (District Attorney), Jonesboro, Charles Brooks, (Office of the Solicitor General of Clayton County), Jonesboro, for appellee.
    Case Number: A19A1149

    Court vacates order denying defendant's motion for an out-of-time appeal because trial court did not conduct an inquiry into claims of ineffective assistance of counsel

  • Green v. The State

    Publication Date: 2019-11-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A19A1122

    Court grants defendant's new trial motion after trial court erred by admitting prior acts evidence

  • Chitwood v. The State

    Publication Date: 2019-11-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Kenneth Sheppard, (Attorney at Law), Smyrna, for appellant.
    for defendant: Christopher Arnt, Herbert Franklin, (Assistant District Attorney), Lafayette, for appellee.
    Case Number: A19A1247

    Evidence Was Insufficient to Sustain Two of Three Child Molestation Convictions, But Sufficient to Support Convictions for Aggravated Sexual Battery

  • Mitchum v. The State

    Publication Date: 2019-10-25
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore, Mathew Gilbo, Meagan Hurley, Ezra Addison Gantt, (Mercer Law School), Macon, Joseph Scott Key, (Miller & Key, PA), McDonough, Andrea Lynn Clark, Gabrielle Lynn Biggs, (Mercer Habeas Project), Macon, for appellant.
    for defendant: Billy Joe Nelson, Jr., John Thomas Durden, Jr., (Atlantic Judicial Circuit District Attorney's Office), Hinesville, Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton, (Department of Law), Atlanta, for appellee.
    Case Number: S19A0554

    Petition for habeus corpus and not an extraordinary motion for a new trial is the appropriate remedy for deprivation of a defendant's Constitutional rights