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  • Cunningham v. The State

    Publication Date: 2019-01-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Stanley W. Schoolcraft, III, (Office of the Public Defender), McDonough, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick, (Department of Law), Atlanta, Elizabeth A. Baker, Tracy Graham Lawson, (Clayton County District Attorney's Office), Jonesboro, Woodbine, for appellee
    Case Number: S18A1525

    Court Affirms Core of Judgment of Conviction of Home-Invasion Murderer Who Argued That Evidence Was Insufficient for Particular Crimes of Conviction

  • Phoenix v. The State

    Publication Date: 2019-01-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Amanda Jones Walker, (GPDC - Appellate Division), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-soo Youn, Assistant, (Department of Law), Atlanta , Andrew J. Ekonomou, Jacquelyn Lee Johnson, Carrie Bradley Coleman, (Brunswick Judicial Circuit District Attorney's Office), Brunswick, Woodbine, for appellee
    Case Number: S18A1439

    Court Affirms Conviction of Murderer Who Killed Girlfriend and Claimed Continuance That Was Denied Deprived Him of Opportunity to Find Expert to Formulate New, Unspecified Defense

  • Jackson v. The State

    Publication Date: 2019-01-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Kevin Alan Anderson, (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Vanessa Therese Sassano, Christopher M. Carr, (Department of Law), Atlanta, Scott L. Ballard, Benjamin David Coker, Brittany Ashton Fallin, (Griffin Judicial Circuit District Attorney's Office) Thomaston, for appellee
    Case Number: S18A1438

    Court Affirms Murder Conviction Where New Exculpatory Witness Came Forward but Motion for New Trial Was Denied Due to Lack of Witness Credibility

  • Rawles v. Holt

    Publication Date: 2019-01-02
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Rodney Samuel Zell, (Zell & Zell, P.C.), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-soo Youn, (Department of Law), Atlanta, for appellee
    Case Number: S18A1334

    Court Reverses Habeas Court Denial of Relief Based on Agreement Between Defendant and State in Which Defendant Waived Ability to See Habeas Relief in Exchange for Lighter Sentence

  • Willis v. The State

    Publication Date: 2019-01-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: William Allen Adams, Jr., Veronica M. O'Grady, (Griffin Circuit Public Defender Office), Thomaston, Atlanta, Bentley C. Adams, III, (Attorney at Law), Lihue, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Katherine DeRosa Emerson, Christopher M. Carr, (Department of Law), Atlanta, Kayleigh Ann Carter, Leigh Ellen Patterson, (Floyd County District Attorney's Office) Rome, for appellee
    Case Number: S18A1363

    Court Affirms Conviction of Murder Who Claimed That No Physical Evidence Negated His Claim That the Shooting Was Accidental

  • Blake v. The State

    Publication Date: 2018-12-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: James C. Bonner, Jr. (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Deborah D. Wellborn, Helen Virginia Peters Pott, Sherry Boston, (Dekalb County District Attorney's Office), Decatur; Anna Green Cross, (The Summerville Firm) Atlanta, for appellee.
    Case Number: S18A1162

    Trial court can declare a mistrial with no attachment of double jeopardy when it finds a manifest necessity to do so.

  • Johnson v. Williams, Warden

    Publication Date: 2018-12-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore, Mathew Gilbo, (Mercer Law School) Macon; Joseph Scott Key, (Miller & Key, PA), McDonough, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Vanessa Therese Sassano, (Department of Law), Atlanta, for appellee
    Case Number: S18A1311

    Writ of habeus corpus granted because armed robbery and aggravated assault charges were not merged.

  • Hightower v. The State

    Publication Date: 2018-12-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Angela Z Brown, (The Moore Brown Law Group, P.C.) Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Vanessa Therese Sassano (Department of Law), Atlanta; Teri Brown Walker, Paul L. Howard, Jr., Lyndsey Hurst Rudder, Deputy D.A., (Fulton County District Attorney's Office), Atlanta, for appellee
    Case Number: S18A1238

    No merger of separate assault and aggravated battery convictions where each act caused separate injuries.

  • Robinson v. The State

    Publication Date: 2018-12-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Jackie Tyo, (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Joshua Smith, Henry Syms, (Office of The District Attorney), Augusta, for appellee.
    Case Number: A18A1693

    Robbery convictions reversed when evidence did nothing more than raise suspicions of defendant's involvement in the crime.

  • Walker v. The State

    Publication Date: 2018-12-14
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: James Mitchell, (Attorney at Law), Augusta, for appellant.
    for defendant: Joshua Smith, Henry Syms, (District Attorney's office), Augusta, for appellee.
    Case Number: A18A1439

    Felony conviction affirmed in spite of perjured testimony from victim and error in jury instruction.