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  • Merrick v. The State

    Publication Date: 2018-06-06
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Beasley
    Attorneys: For plaintiff: Leon Hicks (Attorney at Law), Jonesboro, for appellant.
    for defendant: Stephen Putnam (Clayton County Solicitor Gen.), Jonesboro; Tasha Mosley (Solicitor General), Jonesboro, for appellee.
    Case Number: A18A0398

    Trial Court Could Not Rule on Motion to Withdraw Plea Filed After Conclusion of Term of Court at Which Plea Was Entered

  • Yeong Sik Oh v. The State

    Publication Date: 2018-06-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Lubin An (The Cook Law Firm), Atlanta, for appellant.
    for defendant: Rosanna Szabo (Solicitor-General), Lawrenceville; Samuel D'Entremont (Gwinnett County Solicitor-General's Office), Lawrenceville, for appellee.
    Case Number: A18A0642

    DUI Suspect Voluntarily Consented to Breath Alcohol Test Following Officer's Repeated Implied Consent Warnings

  • Lindley v. The State

    Publication Date: 2018-06-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: George Law (Whitmer and Law), Gainesville, for appellant.
    for defendant: Lee Darragh (District Attorney, NEJC of GA), Gainesville; Laura Lukert (Northern Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: A18A0299

    Prosecution Failed to Prove Defendant Ever Possessed or Controlled Pornographic Images Found on Tablet

  • The State v. Voyles

    Publication Date: 2018-06-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Donald Donovan (District Attorney), Dallas; Anthony Williams (Assistant District Attorney), Dallas; Ashley Cox, Dallas, for appellant.
    for defendant: Candace Rader (Attorney at Law), Carrollton, for appellee.
    Case Number: A18A0771

    Probative Value of Evidence of Prior Similar DUI Arrests Substantially Outweighed Potential Prejudice

  • McGruder v. The State

    Publication Date: 2018-06-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Johnny Emmett Clyde Vines (McMillian, Rawlings & Howard, LLP), Sandersville, for appellant.
    for defendant: Samuel H. Altman, Kelly Anne Jenkins, Kelly Anne Jenkins (Middle Judicial Circuit District Attorney's Office), Swainsboro; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta, for appellee.
    Case Number: S18A0062

    The evidence supported defendant's convictions for malice murder and other crimes in connection with a drive-by shooting targeting rival gang members.

  • Taylor v. The State

    Publication Date: 2018-06-01
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: David Joseph Walker (Georgia Public Defenders Standards Council, Appellate Division), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Robert Brandon Faircloth, Louie Craig Fraser, Peter Frederick Larsen Jr. (Dublin Judicial Circuit District Attorney's Office), Dublin, for appellee.
    Case Number: S18A0038

    The evidence supported defendant's convictions for murdering a man in his hotel room and assaulting a hotel employee and defendant failed to prove his ineffective assistance of counsel claim.

  • Winston v. The State

    Publication Date: 2018-06-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Jennifer Faith Arndt (Newton County Public Defender's Office), Covington, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Layla Hinton Zon, Melanie McCrorey Bell, Jillilan Rachael Hall (Alcovy Judicial Circuit District Attorney's Office), Covington, for appellee.
    Case Number: S18A0194

    The evidence, although circumstantial, was sufficient to exclude every other reasonable hypothesis save that of guilt and was sufficient to authorize a rational trier of fact to find defendant guilty of the crimes for which he was convicted.

  • Simpkins v. The State

    Publication Date: 2018-06-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Andrew Santos Fleischman (Ross & Pines LLC), Atlanta, for appellant.
    for defendant: Samuel H. Altman, Kelly Anne Jenkins (Middle Judicial Circuit District Attorney's Office), Swainsboro; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta, for appellee.
    Case Number: S18A0063

    Defendant's trial counsel was not ineffective in failing to object to evidence of a non-testifying co-defendant's statements as those statements did not violate the Confrontation Clause under Bruton because, standing alone, the statements did not inculpate defendant; rather, they became incriminating only when linked to other evidence introduced later at trial.

  • McCoy v. The State

    Publication Date: 2018-05-31
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Joe M. Harris Jr. (Attorney at Law), Jonesboro, for appellant.
    for defendant: John Andrew Pipkin III, Caitlin McGillicuddy, Meredith Chafin Florio (Henry County Solicitor General's Office), McDonough, for appellee.
    Case Number: S17G1530

    Courts Reviewing Roadblock Stops Must Consider Whether Screening Officers Had Reasonable Suspicion to Defer For Further Detention and Field Tests

  • Ricks v. The State

    Publication Date: 2018-05-31
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Ashleigh Ricks, Hawkinsville, for appellant.
    for defendant: Stephen Andrew Bradley (Ocmulgee Judicial Circuit District Attorney's Office), Milledgeville; Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton (Department of Law), Atlanta, for appellee.
    Case Number: S18A0012

    Trial Court Lacked Jurisdiction to Rule On Motion for Out-Of-Time Appeal