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  • Nordahl v. The State

    Publication Date: 2018-03-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Bruce Harvey (Attorney at Law), Atlanta, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Bradley Malkin (Fulton County District Attorney's Off.), Atlanta; Marc Mallon (Senior Assistant District Attorney), Atlanta, for appellee.
    Case Number: A17A1360

    The trial court properly sentenced defendant as a recidivist under O.C.G.A. § 17-10-7 following his guilty plea to three counts of burglary, one count of criminal attempt to commit burglary and four counts of burglary in the first degree.

  • Loveless v. The State

    Publication Date: 2018-03-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Reid Kennedy (Attorney at Law), Marietta, for appellant.
    for defendant: John Edwards (District Attorney's Office, Cobb Judicial Circuit), Marietta; Shepard Orlow (Assistant District Attorney Cobb County District Attorney's Office), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A17A1728

    The trial court did not err in resentencing defendant on remittitur after concluding, sua sponte, that the sentence entered on defendant's conviction for trafficking in methamphetamine was void because he had been sentenced under the wrong [C]ode section.

  • The State v. Scott

    Publication Date: 2018-03-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: Jeffery Hunt (Assistant District Attorney Coweta Judicial Circuit), Carrollton; Douglas Vassy (Solicitor General Carroll County Courthouse), Carrollton; Christopher Keegan (Coweta Judicial Circuit District Attorney's Office), Carrollton, for appellant.
    for defendant: Jerry Pilgrim (The Pilgrim Law Group LLC), Villa Rica, for appellee. Gary Bergman (Prosecuting Attorneys' Council of Georgia), Morrow, for amicus curiae.
    Case Number: A17A2127

    The trial court erred in granting indictee's motion to quash the indictment against him, as he failed to carry his burden of showing that the evidence on which the indictment was returned was based on wholly incompetent evidence.

  • Winn v. The State

    Publication Date: 2018-03-26
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Michael Clark (Andy Clark Law, LLC), Atlanta, for appellant.
    for defendant: Amelia Pray (District Attorney's Office, Cobb Judicial Circuit), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A17A1550

    Evidence Was Sufficient to Establish Defendant's Constructive Possession of Gun and Drugs Found in His Room

  • Ngo v. The State

    Publication Date: 2018-03-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Scott Semrau (Attorney at Law), Phu Ngo (Calhoun State Prison), Morgan, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Anthony Volkodav (Assistant District Attorney), Lawrenceville, for appellee.
    Case Number: A17A1846

    Trial Court Erred in Neither Providing Counsel to Defendant Who Sought to Withdraw Plea Nor Inquiring Whether He Had Waived Counsel

  • Outz v. State

    Publication Date: 2018-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Clark, Lawrenceville, for appellant.
    for defendant: David White (District Attorney), Hartwell; Michael Coveney (District Attorney's Office of the Northern Judicial Circuit), Danielsville, for appellee.
    Case Number: A17A1952

    Jury Could Infer From Circumstantial Evidence That Family ViolenceVictim Was Not Defendant's Sibling

  • Cherry v. The State

    Publication Date: 2018-03-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Rafe Banks (Banks, Stubbs & McFarland, LLP), Cumming, for appellant.
    for defendant: William Finch (Solicitor General of Forsyth County), Cumming; Jeffrey Huong (Forsyth County Solicitor General Office), Cumming, for appellee.
    Case Number: A17A2085

    The trial court properly admitted evidence of defendant's refusal to submit to breath testing and evidence of his horizontal gaze nystagmus test in his trial for DUI.

  • Jackson v. The State

    Publication Date: 2018-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William McQueen (McQueen Law Office LC), Athens, for appellant.
    for defendant: James Chafin (Assistant District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A17A2064

    The evidence supported defendant's conviction for, inter alia, one count of child molestation, in which he was alleged to have masturbated in front of his 13-year-old stepson, despite the boy's trial testimony that he closed his eyes when defendant pulled out his penis, because it was not necessary for the victim to actually see defendant masturbate and there was evidence from which the jury could infer that defendant masturbated in the boys presence.

  • Briscoe v. The State

    Publication Date: 2018-03-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Elizabeth Brandenburg (Law Firm of Shein & Brandenburg), Atlanta, for appellant.
    for defendant: Kenneth Mauldin (District Attorney), Athens; Brian Patterson (Chief Assistant District Attorney), Athens, for appellee.
    Case Number: A17A1883

    Motion to Suppress Properly Denied Over Claims as to Corroboration Failure, Lack of Probable Cause to Search, and Stale Information

  • Lang v. The State

    Publication Date: 2018-03-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals, Fifth Division
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow; John Cranford (Coweta Judicial Circuit), Newnan, for appellee.
    Case Number: A17A1483

    Bifurcation of Charges Properly Denied Where Firearm Possession Charge Was Material to Charge of Criminal Gang Activity