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  • The State v. Cohen

    Publication Date: 2017-11-29
    Practice Area: Criminal Law | Privacy
    Industry:
    Court: Georgia Supreme Court
    Judge: Acting Presiding Justice Melton
    Attorneys: For plaintiff: Paul L. Howard, Jr., Marc A. Mallon, F. McDonald Wakeford, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellant.
    for defendant: Brian Steel (The Steel Law Firm, PC.), Atlanta; Bruce H. Morris (Finestone, Morris & White, LLP), Atlanta; Jimmy Dodd Berry (Jim D. Berry, PC), Marietta; Reid Thompson (Reid Thompson Law), Marietta, for appellee.
    Case Number: S17A1265

    The trial court partially erred in dismissing charges against a woman and her attorneys arising out of an alleged conspiracy for the woman to secretly video record the defendant in a sexual harassment lawsuit her attorneys filed on her behalf and the subsequent transmission of a demand letter to that defendant.

  • Thompson v. The State

    Publication Date: 2017-11-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    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, S. Taylor Johnston (Department of Law), Atlanta; Paul L. Howard, Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A0935

    Although the evidence supported defendant's convictions for two counts of malice murder, the Court reversed his convictions because the trial court erred in admitting certain character evidence at trial and the error was not harmless.

  • Whaley v. The State

    Publication Date: 2017-11-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Ashleigh Merchant (The Merchant Law Firm, PC), Marietta, for appellant.
    for defendant: Amelia Pray (District Attorney's Office, Cobb Judicial Circuit), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A17A0848

    The evidence supported defendant's conviction for a RICO violation after he and his fianc stole over $800,000 from her employer by writing unauthorized checks from the employer's account.

  • Lebis v. The State

    Publication Date: 2017-11-28
    Practice Area: Criminal Law
    Industry:
    Court: State Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Sandra Louise Michaels, John Richard Martin (Martin Brothers, PC.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Jeffrey Matthew Gore, Tracy Graham Lawson (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A0948

    There was insufficient evidence to support defendant's convictions for felony murder and two counts of misdemeanor obstruction of a police officer after her husband fatally shot an officer who was attempting to arrest them, but the evidence was sufficient to support her convictions for two other misdemeanor obstruction counts and several firearms possession counts.

  • Johnson v. The State

    Publication Date: 2017-11-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Jonathan Rosenburg (Lister & Holt LLC), Jonesboro, for appellant.
    for defendant: Tasha Mosley (Solicitor General), Jonesboro; James Wilkinson (Cherokee Circuit District Attorney), Cartersville, for appellee.
    Case Number: A17A0733

    The trial court erred in denying defendant's motion to suppress evidence police discovered after they arrested him without probable cause, as defendant was free to leave a first-tier police encounter and his arrest for obstruction was thus unlawful.

  • Pittman v. The State

    Publication Date: 2017-11-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A1122

    The Court affirmed defendant's conviction for one count of entering an automobile, finding that the trial court did not abuse its discretion in admitting into evidence an unredacted prior accusation against defendant as evidence of prior difficulties between defendant and the victim.

  • Hilley v. The State

    Publication Date: 2017-11-27
    Practice Area: Criminal Law | Internet Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Genevieve Holmes (Appellate Division – GPDC), Atlanta, for appellant.
    for defendant: Christopher Arnt (Assistant District Attorney), Lafayette; Jennifer Hartline (District Attorney's Office Lookout Mountain Circuit), Lafayette; Herbert Franklin (District Attorney), Lafayette, for appellee.
    Case Number: A17A0834

    The evidence supported defendant's conviction for using a computer Internet service to seduce a person he believed to be a child as well as two counts each of attempted aggravated child molestation and attempted child molestation and the trial court did not err when it revoked defendant's probation based on his failure to complete treatment.

  • The State v. Council

    Publication Date: 2017-11-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A1218

    The trial court erred in granting defendant's motion in limine to suppress the results of two breath tests obtained after her arrest for driving under the influence because, under the totality of the circumstances, the officer did not coerce or compel defendant to undergo the breath tests.

  • Harvey v. The State

    Publication Date: 2017-11-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0898

    Although the evidence was sufficient to support defendant's conviction for possession of marijuana, the evidence was insufficient to support his convictions for possession of a firearm during a felony and possession of a firearm by a convicted felon because there was no evidence showing that defendant exercised dominion over the gun.

  • The State v. Licata

    Publication Date: 2017-11-22
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Adam Keller (Sr. Assistant Solicitor General), Cumming; William Finch (Solicitor General of Forsyth County), Cumming, for appellant.
    for defendant: Woodrow Smith (Attorney at Law), Atlanta; Matthew Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellee.
    Case Number: A17A1200

    The trial court erred in granting DUI defendant's motion to suppress the results field sobriety tests and evidence of his refusal to take a breath test because he was sufficiently warned of his right not to incriminate himself before the field sobriety tests and he was not entitled to counsel when deciding whether to submit to the state-requested breath test.