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  • Griffin v. The State

    Publication Date: 2020-10-26
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Jessica Ruth Towne, David Edward Clark, (Clark & Towne, P.C.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill, (Department of Law), Atlanta, Penny Alane Penn, Michael Shawn Mahoney, (Forsyth County District Attorney's Office), Cumming, for appellee.
    Case Number: S20A0967

    Trial Counsel Offered Reasonable Tactical Explanation For Failing to Challenge Evidence of Defendant's Racism

  • State v. Davis

    Publication Date: 2020-10-21
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Lenny Krick, (Assistant District Attorney-Stone Mountain Judicial Circuit), Decatur, Sherry Boston, (Dekalb County District Attorney), Decatur, for appellant.
    for defendant: Anne Long, (Assistant Conflict Defender), Decatur, for appellee.
    Case Number: A20A1204

    Court affirms order suppressing evidence seized in an illegal search and seizure when police were not legally present on a defendant's property at the time of his arrest

  • Thomas v. The State

    Publication Date: 2020-10-19
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Donnelly, (Western Circuit Public Defender's Office), Athens, for appellant.
    for defendant: Jeffrey Kwiatkowski, Kenneth Mauldin, (Office of the District Attorney Western Judicial Circuit), Athens, for appellee.
    Case Number: A20A1536

    Revoking First Offender Status and Adjudicating Guilt Based on New Offenses Did Not Violate Double Jeopardy

  • Crews v. The State

    Publication Date: 2020-10-12
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Kurt Worthington, (Fleming & Nelson, LLP), Evans, for appellant.
    for defendant: Joshua Smith, Natalie Paine, Henry Syms, (Office of the District Attorney), Augusta, for appellee.
    Case Number: A20A1426

    Defendant Was Properly Informed That Rejecting Plea Offer Could Result in Lengthy Mandatory Prison Term

  • The State v. Abbott

    Publication Date: 2020-10-07
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Joshua Bradley Smith, Tyler McKenzie Gray, Natalie Spires Paine, (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellant.
    for defendant: Ricardo Bravo, (Law Offices of Ricardo Bravo, LLC), Augusta, Charles R. Sheppard, Evans, for appellee.
    Case Number: S20A0719

    Court vacates suppression order and remands case with direction to apply a correct standard to determine admissibility of a post-Miranda statement

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Russell v. The State

    Publication Date: 2020-10-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Amanda Gaddis Speights, (Speights Law, PC), Canton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Rosenwasser, (Department of Law), Atlanta, Cliff Head, Shannon Glover Wallace, Rachel Marie Ashe, (Cherokee County Office of the Solicitor General), Canton, for appellee.
    Case Number: S20A0910

    Evidence Showed That Defendant Reinitiated Police Interview After Previously Invoking Right to Counsel

  • Snipes v. The State

    Publication Date: 2020-10-05
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: William Allen Adams, (Griffin Circuit Public Defender Office), Thomaston, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, Benjamin David Coker, (Griffin Judicial Circuit District Attorney's Office), Thomaston, Elizabeth A. Baker, (Fayette County District Attorney's Office), Fayetteville, for appellee.
    Case Number: S20A0934

    Trial Counsel Not Ineffective For Failing to Strike Investigator's Damaging Testimony on Cross-Examination

  • Scott v. The State

    Publication Date: 2020-10-05
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Kevin Alan Anderson, (Atlanta Circuit Public), Atlanta, Joseph C. Timothy Lewis, (JCTL Law), Colorado Springs, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Paul L. Howard, Marc A. Mallon, Lyndsey Hurst Rudder, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S20A0880

    Trial Counsel Not Ineffective For Failing to Challenge Credibility of Prosecution Witnesses

  • Studivant v. The State

    Publication Date: 2020-09-21
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: James Kenneth Luttrell, Canton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill, (Department of Law), Atlanta, Lee Darragh, (Hall County District Attorney's Office), Gainesville, Harold Alvin Buckler. Decatur, for appellee.
    Case Number: S20A1024

    Trial Counsel Not Ineffective For Failing to Call Uncertain Alibi Witness

  • Roberts v. The State

    Publication Date: 2020-09-21
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Stephen Randall Scarborough, (Office of the Public Defender), Atlanta, Meghan Brittany Callier, (Fulton County Government - Office of the Public Defender), East Point, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Paul L. Howard, Jr., Lyndsey Hurst Rudder, Kevin Christopher Armstrong, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S20A0988

    Denial of Statutory Double Jeopardy Claim Is Appealable Under Collateral Order Doctrine