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  • The State v. Franklin

    Publication Date: 2024-02-06
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Boggs
    Attorneys: For plaintiff: Kevin Christopher Armstrong, Fani T. Willis, (Fulton County District Attorney’s Office), Atlanta, Paula Khristian Smith, Patricia B. Attaway Burton, Christopher M. Carr, (Department of Law), Atlanta, for appellant.
    for defendant: Jonathan Reuven Melnick, (Jonathan R. Melnick PC), Atlanta, for appellee.
    Case Number: S23A0842

    Court reverses trial court's suppression of statement taken while defendant was hospitalized and medicated, affirming the need for coercive police conduct for involuntariness

  • Gates v. The State

    Publication Date: 2024-01-12
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Eric Foster Kramer, (Kramer & Pine), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Clint Christopher Malcolm, Christopher M. Carr, (Department of Law), Atlanta, Stuart H. Hunter Patray, Daphne Jarriel Totten, Keith A. McIntyre, (Ogeechee Judicial Circuit District Attorney’s Office), Statesboro, for appellee.
    Case Number: S23A1158

    Court reverses denial of defendant's motion to suppress evidence of his medical records that were seized pursuant to an ex parte court order, stating that the seizure was a privacy violation

  • Jenkins v. The State

    Publication Date: 2023-12-07
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Peterson
    Attorneys: For plaintiff: Robert Lawrence Persse, (Attorney at Law), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Charles Keith Higgins, Benjamin E. Gephardt, (Brunswick Judicial Circuit District Attorney’s Office), Brunswick, for appellee.
    Case Number: S23A0534

    Defendant's Unequivocal Statement During Booking Demanding Presence of Lawyer Was Valid Invocation of Miranda Rights

  • Regan v. The State

    Publication Date: 2023-12-06
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: Gordon Clark Hall, Jr., (Law Office of Gordon Hall, LLC), La Fayette Melinda Faye Johnson, (Johnson Law Firm), Conyers, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Bailey Rachel Simkoff, Randal Matthew McGinley, (Alcovy Judicial Circuit District Attorney’s Office), Monroe, for appellee.
    Case Number: S23A0686

    Defendant's Sentence For Felony Child Molestation Violated Federal Equal Protection Rights

  • Cooper v. The State

    Publication Date: 2023-12-05
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: John Walter Donnelly, (Western Judicial Circuit Public Defender), Athens, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Deborah Gonzalez, (Western Circuit District Attorney’s Office), Athens, for appellee.
    Case Number: S23A0846

    Trial Counsel Did Not Render Constitutionally Ineffective Assistance by Failing to Object to Multiple Portions of Lead Detective Testimony

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    Florida Construction Defect Litigation 2025

    Authors: Gary L. Brown

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  • Lambert et al. v. DMRT, LLC et al.

    Publication Date: 2023-11-24
    Practice Area: Constitutional Law | Real Estate
    Industry: Entertainment and Leisure | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Robert Buckley, Nicolas Bohorquez, (Freeman Mathis & Gary, LLP), Atlanta, for appellant.
    for defendant: Alan Begner, Eric Coffelt, (Begner & Begner, P.C.), Atlanta, for appellee.
    Case Number: A23A0955

    Nightclub Owner's Action Against Neighbors Who Complained of Noise Was Meritless Anti-SLAPP Suit

  • Johnson v. The State

    Publication Date: 2023-11-08
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Benjamin Wallace, (Wadkins & Wallace, P.C.), Columbus, Robert Wadkins, (Attorney at Law), Columbus, for appellant.
    for defendant: Lewis Lamb, Trevor Vanzant, (The District Attorney’s Office of the Southwestern Judicial Circuit), Americus, for appellee.
    Case Number: A23A1029

    Trial Counsel's Numerous Alleged Failures Did Not Affect Outcome of Trial

  • Priester v. The State

    Publication Date: 2023-11-01
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: David Allen Hoort, (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill, (Department of Law), Atlanta, Anthony Brett Williams, Matthew Wayne Rollins, (Paulding County District Attorney’s Office), Dallas, for appellee.
    Case Number: S23A0728

    Trial Court Did Not Err by Failing to Instruct Jury on Justification and Witness Perjury

  • Maynor v. The State

    Publication Date: 2023-11-01
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: Kevin Alan Anderson, (Atlanta Circuit Public Defender’s Office), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Fani T. Willis, Kevin Christopher Armstrong, Jayna Edwards, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: S23A0753

    Trial Counsel Not Ineffective For Alleged Failure to Adequately Cross-Examine Prosecution Witness

  • Thompson v. The State

    Publication Date: 2023-10-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Robert Kenner, (Law Offices of Robert Kenner, Jr.), Stone Mountain, for appellant.
    for defendant: Keith McIntyre, (Ogeechee Judicial Circuit District Attorney, Ogeechee Judicial Circuit), Statesboro, Daphne Totten, Candace DeLoach, (Bulloch County District Attorney’s Office), Statesboro, for appellee.
    Case Number: A23A1026

    Warrantless Entry Into Residence Was Unlawful Absent Exigent Circumstances or Occupant's Consent