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  • Bryant v. The State

    Publication Date: 2018-07-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Edward Brumby (Public Defender's Office), Athens; John Donnelly (Western Circuit Public Defender's Office), Athens, for appellant.
    for defendant: James Chafin (Assistant District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A18A0330

    Defendant Claiming Ineffective Assistance of Counsel Did Not Show Prejuduce or Deficient Performance

  • Bennett v. The State

    Publication Date: 2018-07-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Kelly Williamson (Augusta Circuit Public Defender's office), Augusta; Brooke Ray (Law Office of the Public Defender, Stone Mountain Judicial Circuit), Decatur, for appellant.
    for defendant: Ashley Muller (Augusta Circuit District Attorney's Office), Augusta; Joshua Smith (District Attorney's Office Augusta Judicial Circuit), Augusta; Henry Syms (Office of the District Attorney), Augusta; Rebecca Wright (District Attorney), Augusta, for appellee.
    Case Number: A17A0181

    Incarcerated First Offender Was Subject to Mandatory DNA Testing and Records Retention

  • Ballard v. The State

    Publication Date: 2018-07-10
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Rico Ballard, Jackson, 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: S18A0998

    The trial court should have dismissed, rather than denied, defendant's motion and amended motion in arrest of judgment following his convictions for murder and aggravated assault, as the trial court lacked jurisdiction to decide the untimely motions.

  • Carman v. The State

    Publication Date: 2018-07-10
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Gabrielle Amber Pittman (GCD), Macon; Kimberly Ann Staten-Hayes, Christian Garfield Lamar, Christina Paige Rudy (Metro Capital Defender's Office), Atlanta, 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: S18A0586

    The trial court did not abuse its discretion in sua sponte declaring a mistrial due to defense counsel's family emergency and thus did not err in denying defendant's double jeopardy plea in bar.

  • Caldwell v. The State

    Publication Date: 2018-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Kenneth D. Kondritzer (Fulton County Solicitor General's Office), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, David K. Getachew-Smith Sr. (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0640

    The trial court did not manifestly abuse its discretion in refusing to strike three potential jurors for cause in defendant's felony murder trial arising out of the beating death of his girlfriend's 15-month-old daughter.

  • Mitchell v. The State

    Publication Date: 2018-07-09
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Lynn M. Kleinrock (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta; Lenny I. Krick, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S18A0779

    The trial court did not improperly comment on the evidence when it instructed the jury venire.

  • Taylor v. The State

    Publication Date: 2018-07-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    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, Meghan Hobbs Hill (Department of Law), Atlanta; Brian Keith Fortner, Ryan Reese Leonard, Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S18A0619

    The evidence supported defendant's convictions arising out of the shooting death of a drug dealer during a planned robbery but the Court partially vacated his sentence due to a merger error.

  • Huff v. The State

    Publication Date: 2018-07-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Philip Clark (Western Judicial Circuit Public Defender), Athens, for appellant.
    for defendant: Jeffrey Kwiatkowski (Office of the District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A18A0073

    The trial court erred in denying defendant's motion to suppress evidence of a handgun that was found in a backpack after he was arrested because State failed to meet its burden to prove that the warrantless search of defendant's backpack was lawful.

  • Rickman v. The State

    Publication Date: 2018-07-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Jason Allan Fisher (Georgia Public Defender Council), Rome, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Leigh Ellen Patterson, Kayleigh Ann Carter (Floyd County District Attorney's Office), Rome, for appellee.
    Case Number: S18A0841

    The trial court did not abuse its discretion in admitting into evidence at defendant's murder trial photographs showing a re-creation of the crime scene with police officers posing at the shooter and the victim.

  • Williams v. The State

    Publication Date: 2018-07-05
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Bernard Brody (Brody Law Firm), Atlanta, for appellant.
    for defendant: Cliff Head (Assistant District Attorney), Canton; Shannon Wallace (District Attorney), Canton; Zachary Smith (Cherokee County District Attorneys Office), Canton, for appellee.
    Case Number: A18A0279

    Prosecution Was Required to Prove Child's Lack of Consent to Establish Aggravated Sexual Battery