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  • Warbington v. The State

    Publication Date: 2018-05-21
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Jordan Warbington, Helena, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Daniel J. Porter, Tracie Hobbs Cason (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S18A0347

    The trial court denied defendant's meritless Motion for Jail-Credit Time when it should have dismissed the motion as a nullity; because the motion was a nullity, the Supreme Court dismissed defendant's appeal from the denial of the motion.

  • Watson v. The State

    Publication Date: 2018-05-21
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Daniel Horne Petrey (Dekalb County Public Defender's Office), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta; Jennifer Lynn Brooks, Helen Virginia Peters, Deborah D. Wellborn, Anna Green Cross, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S18A0427

    The Supreme Court affirmed defendant's convictions for felony murder and possession of a firearm as he failed to prove his several ineffective assistance of counsel claims.

  • Cordle v. The State

    Publication Date: 2018-05-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Victor Aloisio (Office of the Public Defender, Lookout Mountain Judicial Circuit), Lafayette, for appellant.
    for defendant: Christopher Arnt (Assistant District Attorney), Lafayette; Herbert Franklin (District Attorney), Lafayette, for appellee.
    Case Number: A18A0903

    The trial court properly declined to merge for sentencing purposes defendant's convictions on two counts of burglary arising after he broke into two businesses in the same building.

  • Jenkins v. The State

    Publication Date: 2018-05-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Walter Britt (Chandler, Britt, Jay, Beck & Zwald LLC), Buford; Eliot Abt (The Abt Law Firm LLC), Atlanta, for appellant.
    for defendant: Michael Morrison (Assistant District Attorney), Lawrenceville; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A18A0123

    No Detention Occurred Where Driver Temporarily Stopped As Ruse To Evade Traffic Stop

  • Lanham v. The State

    Publication Date: 2018-05-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jessica Benjamin, Athens, for appellant.
    for defendant: Joshua Smith (District Attorney's Office Augusta Judicial Circuit), Augusta; Henry Syms (Office of the District Attorney), Augusta, for appellee.
    Case Number: A18A0644

    The Court affirmed defendant's rape conviction, holding that the trial court properly denied his motion for new trial because he failed to prove his ineffective assistance of counsel claims.

  • Wilkerson v. The State

    Publication Date: 2018-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Joseph Key (Miller & Key P.A.), McDonough, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.
    Case Number: A18A0035

    Defendant Who Caused Victim to Fall When He Tried to Physically Restrain Her Was Guilty of Aggravated Battery

  • Colbert v. The State

    Publication Date: 2018-05-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Clark, Lawrenceville; Victoria Novak (Chattahoochee Judicial Circuit Public Defenders of), Columbus, for appellant.
    for defendant: Scott Ballard (District Attorney), Griffin; Benjamin Coker (District Attorney), Thomaston; Robert Smith (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.
    Case Number: A18A0361

    The Court affirmed defendant's convictions for two counts of armed robbery, one count of aggravated assault, two counts of possession of a firearm during the commission of a felony, one count of aggravated battery, and one count of hijacking a motor vehicle but vacated one aggravated assault count, as the trial court erred in failing to merge that count with one of the armed robbery counts, and thus remanded for resentencing.

  • Desantos v. The State

    Publication Date: 2018-05-16
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Lynn Kleinrock (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Lee Tittsworth (Gwinnett Circuit District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A18A0209

    Prospective Juror Who Openly Expressed Bias and Was Never Rehabilitated Should Have Been Excused For Cause

  • Burns v. The State

    Publication Date: 2018-05-15
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: Michael Ray (Grisham & Poole PC), Canton, for appellant.
    for defendant: Randall Ivey (District Attorney's Office, Blue Ridge Judicial Circuit), Canton; Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Shannon Wallace (District Attorney), Canton, for appellee.
    Case Number: A18A0227

    Evidence That Alleged Child Victim Had Previously Made False Accusation Against Someone Else Was Admissible to Impeach

  • White v. The State

    Publication Date: 2018-05-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Chauntilia Khelice Adaway (Tifton Circuit Public Defender's Office), Tifton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta; Clifford Paul Bowden, Jennifer Dawn Hart (Tifton Judicial Circuit District Attorney's Office), Tifton, for appellee.
    Case Number: S18A0429

    Defense Counsel Not Ineffective for Failing to Call Witnesses Who Could Testify as to Contentious Relationship Between Defendant and Victim