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  • Nalls v. The State

    Publication Date: 2018-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Steven Eric Phillips (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Arthur C. Walton (Fulton County Courthouse), Atlanta, for appellee.
    Case Number: S18A0147

    The Supreme Court overruled prior precedent that supported defendant's contention that murder and hindering are always mutually exclusive and affirmed his convictions on those and other counts, as well as his co-defendant's convictions.

  • Garner v. The State

    Publication Date: 2018-07-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Michael Wayne Tarleton, Jackie Lynn Tyo (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Haase Brock (Department of Law), Atlanta; Leigh Ellen Patterson, Luke Anthony Martin (Floyd County District Attorney's Office), Rome, for appellee.
    Case Number: S18A0799

    The trial court did not err in refusing to charge the jury on self-defense in defendant's trial for murder and other charges because there was not even slight evidence to support such an instruction.

  • Terrell v. The State

    Publication Date: 2018-07-02
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Clifford Louis Kurlander (Georgia Public Defender Council - Appellate Division), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Vanessa Therese Meyerhoefer (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Arthur C. Walton (Fulton County Courthouse), Atlanta, for appellee.
    Case Number: S18A0478

    The Court affirmed defendant's convictions for murder and related crimes as the trial court did not deprive defendant of his right to testify on his own behalf when it informed him that he had to testify immediately or waive the right altogether.

  • Propes v. The State

    Publication Date: 2018-06-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Debra Jefferson (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Daniel Porter (District Attorney), Lawrenceville; Ramona Sakhanokho (Assistant District Attorney), Lawrenceville, for appellee.
    Case Number: A18A0549

    The Court reversed defendant's conviction for violating O.C.G.A. § 16 5 60 (c), which prohibits certain conduct by HIV-infected persons, holding that State failed to show that defendant was determined to be infected with HIV by an HIV test approved for such purposes by the regulations of the Department of Community Health as required under § 16-5-60.

  • The State v. Morgan

    Publication Date: 2018-06-29
    Practice Area: Criminal Law | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge PHIPPS
    Attorneys: For plaintiff: Leigh Patterson (District Attorney), Rome; Anthony Williams (Assistant District Attorney), Dallas; Emily Harsen (Paulding County District Attorney's Office), Dallas, for appellant.
    for defendant: Robert Rutledge (Robert Christian Rutledge PC), Rome, for appellee.
    Case Number: A18A0433

    Defendant Not Justified In Using Violent Force Against Spouse In Response To Her Threat to Put His Dog Outside Their House

  • Earnest Ray White v. The State

    Publication Date: 2018-06-28
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Christina Cribbs (Georgia Public Defender Council), Atlanta; Clare Gilbert (Georgia Innocence Project), Decatur, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Joshua Smith (District Attorney's Office), Augusta; Natalie Paine (District Attorney), Augusta, for appellee.
    Case Number: A18A0214

    Trial Court Applied Wrong Standard in Denying Convicted Defendant's Motion For DNA Testing of Archived Evidence

  • Beavers v. The State

    Publication Date: 2018-06-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Mitchell Durham (Attorney at Law), Marietta, for appellant.
    for defendant: Amelia Pray (District Attorney's Office, Cobb Judicial Circuit), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A18A0086

    DNA-Identification Tolling Provision Not Applicable to Crimes Occurring Before July 1, 2002

  • In The Interest of M. C., A Child.

    Publication Date: 2018-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jeffrey Peil (Huggins Peil LLC), Evans, for appellant.
    for defendant: Layla Zon (District Attorney), Covington; Vanessa Webber (Assistant District Attorney Alcovy Judicial Circuit), Monroe, for appellee.
    Case Number: A18A0006

    No Proof of Venue For Particular Offenses Arising From High Speed Vehicle Chase

  • The State v. Cain

    Publication Date: 2018-06-22
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Maria Lugue (Solicitor General), Brunswick; E. Ramsey (Attorney at Law), Brunswick, for appellant.
    for defendant: Alan Tucker (Alan David Tucker ESQ. P.C.), Brunswick, for appellee.
    Case Number: A18A0750

    Failure of Police to Retrieve and Preserve Video Documenting DUI Traffic Stop Did Not Deprive Defendant of Due Process

  • Rounsaville v. State of Georgia

    Publication Date: 2018-06-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: C. Connelly, Jeffrey Connelly (Cook & Connelly LLC), Summerville, for appellant.
    for defendant: Herbert Franklin (District Attorney), Lafayette; Clayton Fuller (Lookout Mountain Judicial Circuit District Attorney), Lafayette, for appellee.
    Case Number: A18A0656

    Prosecution Failed to Satisfy Statutory Mandates for Scheduling Criminal Forfeiture Trials