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  • Scott v. The State

    Publication Date: 2018-03-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Christopher Ramig (Assistant Public Defender), Fayetteville, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Christy Jindra (Attorney at Law Griffin Circuit District Attorney Office), Fayetteville; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.
    Case Number: A17A1384

    Although the evidence supported defendant's conviction for criminal attempt to commit theft by taking after his employer accused him of falsifying an invoice, the trial court erred in entering a felony sentence on that conviction because there was insufficient evidence of a fiduciary relationship between defendant and his employer.

  • McClain v. The State

    Publication Date: 2018-03-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Teresa Lynn Doepke (Alcovy Judicial Circuit Public Defender), Covington; Anthony Scott Carter (Alcovy Judicial Circuit Public Defender), Monroe, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; Layla Hinton Zon, Binford Griffin Bramblett, Randal Matthew McGinley (Alcovy Judicial Circuit District Attorney's Office), Covington, for appellee.
    Case Number: S17A1634

    Evidence Supported Jury's Conclusion Victim Died As Result of Numerous Gunshots Fired by Defendant

  • Miller v. The State

    Publication Date: 2018-03-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Eric J Taylor (Office of the Public Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard, Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder, Marc A. Mallon (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1578

    The jury was authorized to find that the evidence, although circumstantial, was sufficient to exclude every other reasonable hypothesis save that of guilt in defendant's trial for malice murder and concealing the death of another in connection with the death of her ex-girlfriend.

  • Brown v. The State

    Publication Date: 2018-03-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: David Glenn Williams, Jr. (Western Judicial Circuit Public Defender's Office), Athens, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; David T. Lock, Savannah; Brian Vance Patterson (Western Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: S17A1582

    The Court reversed defendant's convictions for murder and related offenses because the trial court committed reversible error in admitting certain other acts evidence.

  • Franklin v. The State

    Publication Date: 2018-03-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Jerilyn Lyshette Bell, Josh David Moore, Gerald P. Word (Georgia Capital Defenders), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Emily Kathleen Richardson, Brian Keith Fortner, Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S17A1599

    The trial court properly concluded that it had no authority to determine prior to trial whether the aggravating circumstances State alleged would be sufficiently proved by the evidence to support the imposition of the death penalty.

  • Pefinis v. The State

    Publication Date: 2018-03-06
    Practice Area: 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: Brian Fortner (Douglas County District Attorney), Douglasville; Ryan Leonard (Assistant District Attorney), Douglasville; Sean Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A17A1869

    The evidence supported defendant's convictions for one count of serious injury by vehicle and reckless driving after he caused an automobile collision and the trial court properly denied his motion for new trial based on his ineffective assistance of counsel claim.

  • Kelly v. The State

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Thomas Robinson (Robinson & Associates), Snellville, for appellant.
    for defendant: Tracy Lawson (District Attorney), Jonesboro; Elizabeth Rosenwasser (Clayton County District Attorney), Jonesboro, for appellee.
    Case Number: A17A2037

    Defendant knowingly, voluntarily, and intelligently waived his right to counsel and he never made a post-waiver request for counsel during trial; thus, he failed to show that the trial court erred in accepting his waiver of counsel.

  • Taylor v. The State

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Lauren Shubow (Attorney at Law), Atlanta; Steven Phillips (Public Defender), Atlanta, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Michael Snow (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A17A1605

    The evidence supported defendant's conviction for possession with intent to distribute crack cocaine and the trial court did not abuse its discretion in limiting defendant's time for voir dire with a particular prospective juror, as the voir dire conducted was sufficient to ascertain the fairness and impartiality of the juror.

  • Calloway v. The State

    Publication Date: 2018-03-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Jennifer Elaine Hildebrand (Hildebrand Law Office, PC.), LaFayette, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Herbert E. Franklin, Jr. (Lookout Mountain Judicial Circuit District Attorney's Office), LaFayette, for appellee.
    Case Number: S17A2019

    Federal Conviction for Attempt to Manufacture Meth Barred Subsequent Prosecution of State Law Felony Murder Predicated on Meth Crime

  • Taylor v. The State

    Publication Date: 2018-03-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Bernard Stephen Brody (Brody Law Firm), Atlanta, for appellant.
    for defendant: Daniel J. Porter, Lee Franklin Tittsworth (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S17G0501

    Search Warrant Affidavit Satisfactorily Established Link Between Suspect and Search Location Through Inferences Drawn from Affidavit