• Wilson v. The State

    Publication Date: 2019-05-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Lucy Roth, Robert MacGregor, (Augusta Office of the Public Defender), Augusta, for appellant.
    for defendant: Joshua Smith, Henry Syms, (Office Of The District Attorney), Augusta, for appellee.

    Case Number: A18A1826

    Defendant's armed robbery conviction is affirmed in part, reversed in part, and remanded for further consideration

  • Law v. The State

    Publication Date: 2019-05-02
    Practice Area: Criminal Law | Elder Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: John Manly, (Manly Shipley LLP), Savannah, Charles Sheppard, (Attorney at Law), Evans, for appellant.
    for defendant: Margaret Heap, Margaret DeLeon, (District Attorney's Office- Eastern Judicial Circuit), Savannah, for appellee.

    Case Number: A18A1792

    Court affirms convictions for theft by taking with respect to financial oversight of an elderly person's finances

  • Daniels v. The State

    Publication Date: 2019-04-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Veronica O'Grady, (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Paul Howard, Marc Mallon, Kevin Armstrong, (Senior Assistant District Attorney), Atlanta, for appellee.

    Case Number: A18A1865

    Robbery by force conviction affirmed over defendant's evidentiary objections

  • Roberts v. The State

    Publication Date: 2019-04-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Holly Veal, (The Veal Law Firm, P.C.), McDonough, for appellant.
    for defendant: Tasha Mosley, (Solicitor General), Jonesboro, Chelsey Murray, Jamal Williams, (Clayton County Solicitor General's Office), Jonesboro, for appellee.

    Case Number: A18A1634

    Case remanded for reconsideration of admission of prior DUI evidence in view of new Georgia precedent

  • Nixon v. The State

    Publication Date: 2019-04-25
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A18A1446

    Evidence Supported Jury's Conclusion That Defendant Was Shooter Who Repeatedly Fired Gun at Neighborhood Party

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    RICO: Civil and Criminal Law and Strategy

    Authors: Hon. Jed S. Rakoff, Howard W. Goldstein

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  • Blaine v. The State

    Publication Date: 2019-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Kalki Yalamanchili, (Y'Chili Law LLC), Athens, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Vanessa Therese Sassano, Christopher M. Carr, (Department of Law), Atlanta, Lenny I. Krick, Sherry Boston, (Dekalb County District Attorney's Office), Decatur, for appellee.

    Case Number: S19A0430

    Court Affirms Numerous Convictions for Murder and Robbery by Gang Leader Over Objections That He Was Unlawfully Confined to Solitary Prior to Trial and That State Urged Impermissible Inferences in Closing Regarding Absence of Alibi Evidence

  • Coast v. The State

    Publication Date: 2019-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Robert Lawrence Persse, (Office of The Public Defender, Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-Soo Youn, (Department Of Law), Atlanta, Margaret Ellen Heap, Isabel M. Pauley, Bradley Robert Thompson, (Office of The District Attorney Eastern Judicial Circuit), Savannah, for appellee.

    Case Number: S19A0180

    Court Affirms Conviction of Murder Who Was Forced to Rely on Counsel After Seeking to Selectively Represent Himself While Receiving Assistance of Counsel

  • The State v. Spratlin

    Publication Date: 2019-04-23
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Lenny I. Krick, Sherry Boston, Otobong U. Ekpo, (Dekalb County District Attorneys Office), Decatur, Anna Green Cross, (The Summerville Firm LLC), Atlanta, for appellant.
    for defendant: Gerard Bradley Kleinrock, (Office of The Public Defender), Decatur, for appellee.

    Case Number: S18A1158

    Court reverses new trial order that had been entered in favor of murder defendant

  • Licata v. The State

    Publication Date: 2019-04-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Woodrow Scott Smith, (W. Scott Smith, P.C.), Atlanta, Matthew K. Winchester, (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: William Aubrey Finch, Adam Eugene Keller, (Forsyth County Solicitor General's Office), Cumming, for appellee. Jimmonique R. S. Rodgersm Brandon A. Bullard, James C. Bonner, Jr., (Georgia Public Defender Council), Atlanta, David Edward Clark, (Clark & Towne, P.C.), Lawrenceville, Andrew Santos Fleischman, (Ross & Pines, LLC), Atlanta, Joseph Scott Key, (Miller & Key, PA), McDonough, for Amicus Appellant. Patricia B. Attaway Burton, Ross Warren Bergethon, Paula Khristian Smith, Andrew Alan Pinson, Christopher M. Carr, Tina Michelle Piper, David Scott McLaughlin, Jameson B. Bilsborrow, (Department of Law), Atlanta, Peter J. Skandalakis, Robert Wright Smith, Jr., Gilbert Alexander Crosby, (Prosecuting Attorneys' Council of Georgia), Morrow, George Herbert Hartwig, III, (Houston County District Attorney's Office), Perry, Lee Darragh, (Northeastern Circuit District Attorney's Office), Gainesville, Matthew Carl Krull, (Douglas County Solicitor General's Office), Douglasville, Samuel Richard d'Entremont, (Gwinnett County District Attorney's Office), Lawrenceville, for Amicus Appellee.

    Case Number: S18G0563

    Court Rejects Challenge to Admissibility of Roadside Sobriety Test Results Upon Concluding That Suspect Was Not in Custody but Reaffirms Commitment to Rule Against Presenting Refusal to Submit to a Breath Test and Orders Suppression of Refusal Evidence

  • Yarn v. The State

    Publication Date: 2019-04-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Clifford Alva Phillip Carlson, (Cliff Carlson Law, P.C.), Kathleen, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Daniel Patrick Bibler, George Herbert Hartwig, III, (Houston County District Attorney's Office), Perry, for appellee.

    Case Number: S18A1052

    Court rejects murder defendant's points of error and affirms his convictions