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  • The State v. Abbott

    Publication Date: 2018-05-01
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Joshua Bradley Smith, Henry Wayne Syms Jr., Tyler McKenzie Gray (Augusta Judicial Circuit District Attorney's Office), Augusta; Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for appellant.
    for defendant: Ricardo Bravo (Law Offices of Ricardo Bravo LLC), Augusta; Charles R. Sheppard, Evans, for appellee.
    Case Number: S17A1583

    The trial court properly suppressed defendant's pre-Miranda warning statements to investigators but applied the wrong legal standard in suppressing his post-Miranda statements, which the trial court determined resulted from an improper interrogate first, warn later procedure.

  • Robinson v. The State

    Publication Date: 2018-04-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Margaret Elizabeth Heinen (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Rosemary M. Greene, Sharon Moyer Fox (Cherokee Judicial Circuit District Attorney's Office), Cartersville, for appellee.
    Case Number: S17A1903

    The evidence supported defendant's convictions for malice murder, two counts of felony murder, attempted armed robbery, possession of a firearm in commission of a felony and possession of a firearm by a convicted felon and there was ample evidence corroborating the accomplice's testimony.

  • The State v. Andre Plaines

    Publication Date: 2018-04-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Margaret Heap (District Attorney), Savannah; Kristjan Whiteway (Office of the District Attorney Eastern Judicial District), Savannah, for appellant.
    for defendant: Amy Ihrig (Public Defenders Office EJC), Savannah, for appellee.
    Case Number: A17A1433

    The trial court abused its discretion in denying State's motion of its intention to introduce other-act evidence in defendant's trial, as the trial court erred in finding that the other-acts evidence was not relevant under O.C.G.A. § 24-4-404 (b).

  • McKoy v. The State

    Publication Date: 2018-04-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Thomas McKee West (Thomas M. West, Attorney at Law), Bethlehem, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Vanessa Therese Meyerhoefer (Department of Law), Atlanta; Brian Keith Fortner; Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S17A1994

    The trial court did not err in striking defendant's direct testimony after he refused to submit to cross-examination in his trial on a charge of malice murder in connection with the shooting death of his estranged wifes girlfriend.

  • Jenkins v. The State

    Publication Date: 2018-04-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Brian Steel (The Steel Law Firm PC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Elizabeth A. Baker, Jay Marvin Jackson, Tracy Graham Lawson, Elizabeth Rosenwasser (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A1743

    Although the evidence supported defendant's convictions for felony murder, possession of a firearm during the commission of aggravated assault and possession of a firearm during the commission of aggravated battery in connection with the shooting death of his son, the Court partially vacated his sentences and remanded for resentencing because the possession charges merged with each other and the trial court erred in sentencing defendant on both counts.

  • Goodrum v. The State

    Publication Date: 2018-04-26
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Matthew K. Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Monique Lynn Kirby, Edward Andrew Case III (Coweta Judicial Circuit District Attorney's Office), LaGrange; Peter J. Skandalakis (Prosecuting Attorneys Council of Georgia), Morrow, for appellee.
    Case Number: S17A1748

    Defendant Had No Constitutional Right to Be Present When Attorneys Met in Chambers With Judge to Discuss Juror's Qualification

  • Hughes v. The State

    Publication Date: 2018-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Juwayn Haddad (Haddad Law Group), 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: A17A1413

    Defense Counsel Offered Sound Tactical Reasons for Not Having Called Upon Defendant's Mother as Alibi Witness

  • Graves v. The State

    Publication Date: 2018-04-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Long Dai Vo, Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Anna Green Cross, Sherry Boston, Gerald Mason, (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S17A1709

    Any error in the trial court's decision to exclude alibi testimony based on the defense's failure to give notice under O.C.G.A. §17-16-5 (a) was harmless in light of the overwhelming evidence of guilt in defendant's trial for murder and related crimes.

  • The State v. Hudson

    Publication Date: 2018-04-25
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Paul L. Howard Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellant.
    for defendant: Brandon Alexander Bullard (Georgia Public Defender Council), Atlanta, for appellee. Randee J. Waldman (The Barton Juvenile Defender Clinic), Atlanta, for amicus appellee.
    Case Number: S17G0739

    The trial court erred in reducing juvenile defendant's sentence for armed robbery because the discretion given to sentencing courts by O.C.G.A. § 49-4A-9 (e) is limited by the mandatory minimum sentence requirements of O.C.G.A. § 17-10-6.1; accordingly, the Supreme Court reversed the Court of Appeals judgment to the extent it affirmed that reduced sentence.

  • The State v. Arline

    Publication Date: 2018-04-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Melinda Wynne (District Attorney's Office, Dougherty Judicial Cir), Albany; Gregory Edwards (District Attorney), Albany; Harold Moroz, St. Marys, for appellant.
    for defendant: Megan Lane (Attorney at Law), Donalsonville, for appellee.
    Case Number: A17A1773

    Trial Court Had Authority to Grant New Trial Based on New Evidence Heard by Court But Not Heard by Jury