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  • Swanson v. The State

    Publication Date: 2019-07-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Juwayn Haddad, (Haddad Law Group, LLC), Tucker, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Vanessa Therese Sassano, Christopher M. Carr (Department of Law), Atlanta, Daniel J. Porter, Lee Franklin Tittsworth, John Arthur Warr, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S19A0360

    Court reverses felony murder conviction due to ineffective assistance of counsel

  • Strozier v. The State

    Publication Date: 2019-07-12
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Wallace Carter Clayton, II, (Jones, Morrison & Womack, P.C.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Vanessa Therese Sassano, Christopher M. Carr, (Department of Law), Atlanta, John Richard Edwards, Jesse David Evans, John Stuart Melvin, (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S19A0790

    Trial Court Violated Law Of The Case Rule When It Resentenced on Convictions Supreme Court Had Found To Be Vacated by Operation of Law

  • Duke v. The State

    Publication Date: 2019-07-12
    Practice Area: Court Administration | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: John Sikes Gibbs, (Troutman Sanders LLP), Atlanta, Ashleigh Bartkus Merchant, John B. Merchant, (The Merchant Law Firm, P.C.), Marietta, for appellant.
    for defendant: Clifford Paul Bowden, Jennifer Dawn Hart, (Tifton Judicial Circuit District Attorney's Office), Tifton, Bradford Lee Rigby, (Cordele Judicial Circuit District Attorney's Office), Cordele, Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton, (Department of Law), Atlanta, for appellee.
    Case Number: S19M0969

    Appellate Courts Cannot Accept Statutorily Unauthorized Interlocutory Appeals Unless Trial Courts Have First Authorized Immediate Review

  • Cooper v. The State

    Publication Date: 2019-07-11
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Melvin Cooper, Trion, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick, (Department of Law), Atlanta, John Richard Edwards, D. Victor Reynolds, Kaitlin Doyle Southmayd, (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S19A0605

    Denial of First Motion For Out-of-Time Appeal Was Res Judicata As To Second Motion For Out-of-Time Appeal

  • Thrailkill v. The State

    Publication Date: 2019-07-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Goss
    Attorneys: For plaintiff: Brian Thrailkill, (Autry State Prison), Pelham, for appellant.
    for defendant: John Cranford, Jillian Brasfield, (Coweta County District Attorney's Office), Newnan, for appellee.
    Case Number: A19A0662

    Defendant has no right to free copy of trial records absent a showing of necessity or justification

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  • Rigsby v. The State

    Publication Date: 2019-07-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Chaunda Brock, (Brock Law, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Scott L. Ballard, Benjamin David Coker, Elizabeth Morgan Kendrick, (Griffin Judicial Circuit District Attorney's Office), Fayetteville, Thomaston, Griffin, Jason Matthew Rea, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S19A0172

    Court affirms malice murder and other convictions over appellant's evidentiary and jury instruction challenges

  • Adams v. The State

    Publication Date: 2019-07-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Samuel J. Sliger, (McDonald & Cody, LLC), Cornelia, Robert W. Chestney, (Chestney & Sullivan), Atlanta, for appellant.
    for defendant: Brian Christopher Heck, Stephanie D. Woodard, (Hall County Solicitor General's Office), Gainesville, for appellee. Michael Edwin George, (Weaver Law Firm), Gainesville, for other party.
    Case Number: S18G0699

    Convictions affirmed when DUI appellant did not preserve objections for appeal and failed to transmit a full record to support his appeal

  • Goins v. The State

    Publication Date: 2019-06-26
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Ramón Alvarado, (The Law Office of Ramón Alvarado), Norcross, Richard Carter Armond, (The Armond Firm, LLC), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Daniel J. Porter, Lee Franklin Tittsworth, Daryl E. Manns, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S19A0224

    Trial Court Failed to Make Findings and Conclusions Necessary For Appellate Review of Speedy Trial Claims

  • Bailey v. The State

    Publication Date: 2019-06-17
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Phillip Ray Bailey, Alamo, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Katherine DeRosa Emerson, (Department of Law), Atlanta, John Richard Edwards, Benjamin M. First, D. Victor Reynolds, (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S19A0297

    Party Seeking Leave to File Out-Of-Time Appeal Failed to Show Delay Resulted From Counsel's Ineffectiveness in Filing Timely Direct Appeal

  • Gooden v. The State

    Publication Date: 2019-06-14
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Lawrence W. Daniel, (Lawrence W. Daniel, PC), Atlanta, James Kenneth Luttrell, Canton, for appellant.
    for defendant: Deah Brittny Warren, Ryan Reese Leonard, Aimee F. Sobhani, (Douglas County District Attorney's Office), Douglasville, Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton, (Department of Law), Atlanta for appellee.
    Case Number: S19A0173

    Conflict Trialsw Counsel's Skeletal Pleading Established That Defendant's Claim of Ineffective Assistance of Plea Counsel Had Already Been Raised And Adjudicated