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  • Thompson v. The State

    Publication Date: 2018-04-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Alixe Steinmetz, Raleigh; Eric Taylor (Attorney at Law), Atlanta, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Jeremy Hayes (Boling Rice LLC), Cumming; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.
    Case Number: A17A1628

    Trial Court's Ruling Lacked Findings Necessary For Review of Ineffectiveness of Counsel Claim

  • Reid v. The State

    Publication Date: 2018-04-23
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A17A1707

    The trial court erred in ruling that defendant was not entitled to an out-of-time appeal based on ineffective assistance of counsel because he had established prejudice in his prior appeal and he established deficient performance on remand to the trial court.

  • McKie v. The State

    Publication Date: 2018-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Gerard Kleinrock (Attorney at Law), Decatur, for appellant.
    for defendant: Sherry Boston (DeKalb County District Attorney), Decatur; Deborah Wellborn (Assistant District Attorney), Decatur, for appellee.
    Case Number: A17A1443

    Trial Counsel's Unequivocal Admission During Closing Argument Establised Defendant Had Prior Felony Conviction

  • Harris v. The State

    Publication Date: 2018-04-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Edwin Wilson (Attorney at Law), Snellville, 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: A18A0513

    Defendant failed to prove his ineffective assistance of counsel claims following his convictions for criminal attempt to commit armed robbery, entering an auto with intent to commit theft and three counts of armed robbery.

  • Nations v. The State

    Publication Date: 2018-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Lawrence Daniel (Attorney at Law), Atlanta, for appellant.
    for defendant: Brian Fortner (Douglas County District Attorney), Douglasville; Samantha Newman (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A17A1444

    Circumstantial Evidence as to Location and Prior Crimes Supported Burglary Convictions

  • Ray v. State

    Publication Date: 2018-04-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Amanda Speights, Benjamin Huntington (Speights Law PC), Canton; Scott Poole (Grisham & Poole, PC), Canton, for appellant.
    for defendant: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Shannon Wallace (District Attorney), Canton, for appellee.
    Case Number: A18A0333

    The Court vacated the denial of defendant's motion for new trial following his convictions for rape and two counts of sexual battery and remanded for further proceedings to determine if he was entitled to a new trial based on ineffective assistance of counsel and the exclusion of certain evidence.

  • Ramirez v. The State

    Publication Date: 2018-04-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Micah Jay Gates (Office of the Public Defender for the Conasuaga Judicial Circuit), Dalton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Herbert McIntosh Poston Jr. (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: S17A1662

    The trial court did not abuse its discretion in excluding evidence of other incidents of criminal activity at a bar where defendant shot two security guards.

  • Wimbush v. The State

    Publication Date: 2018-04-19
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Therian Wimbush, Hawkinsville, for appellant.
    for defendant: Dan Mayfield (District Attorney's Office), Lawrenceville; Daniel Porter (District Attorney), Lawrenceville, for appellee.
    Case Number: A17A2056

    The evidence sufficiently supported defendant's convictions for three counts of cruelty to children in the second degree after she locked one child in a closet in a basement for nearly two years and failed to seek medical care for a second child who had a cancerous tumor.

  • The State v. Stroud

    Publication Date: 2018-04-18
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A17A1851

    The trial court properly granted defendant's motion in limine to suppress evidence of his refusal to submit to a state-administered chemical test of his blood, breath, or urine in his trial for DUI-less safe and failure to maintain lane, as the arresting officer's error in misreading the implied consent notice substantively changed the meaning of the notice and misled defendant as to a serious consequence of refusing to submit to testing thus depriving defendant of making an informed decision about whether to consent to the testing.

  • The State v. Orr

    Publication Date: 2018-04-18
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Emily Johnson (District Attorney's Office Rome Judicial Circuit), Rome; Leigh Patterson (District Attorney), Rome; Luke Martin (Floyd County District Attorney), Rome, for appellant.
    for defendant: Benjamin Pierman (McCurdy & Candler LLC), Decatur, for appellee.
    Case Number: A17A2096

    The trial court did not err in granting defendant's motion for new trial following his convictions for family violence battery and cruelty to children in the third degree because the prosecutor impermissibly commented on defendant's pre-arrest silence in her closing argument and the error was not harmless.