• Houed-Cartacio v. The State

    Publication Date: 2023-11-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: William Hart, (William M Malone Hart PC), Vidalia, for appellant.
    for defendant: Joseph Black, Judith Catoe-Oglesby, Keith McIntyre, (Assistant District Attorney), Statesboro, for appellee.

    Case Number: A23A1011

    Court vacates denial of motion to withdraw a guilty plea and remands for determination of whether plea counsel had a conflict of interest and whether it significantly affected his performance

  • The State v. Crumpton

    Publication Date: 2023-11-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: David White, Branden Pollett, (Northern Judicial Cicruit District Attorney’s Office), Hartwell, for appellant.
    for defendant: William Healan, (Attorney at Law), Winder, for appellee.

    Case Number: A23A0888

    Court reverses trial court's grant of a general demurrer to an indictment for improper sexual contact, ruling that the statute does not require the contact to be in-person

  • Thomas v. The State

    Publication Date: 2023-11-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Ryan Malone, (Appellate Division, Georgia Public Defender Council), Macon, for appellant.
    for defendant: George Bessonette, (Tifton Circuit Public Defender), Tifton, Jennifer Smith, Chase Studstill, (Alapaha Judicial Circuit Distritct Attorney’s Office), Nashville, for appellee.

    Case Number: A23A1393

    Court affirms child molestation conviction, finding that defendant waived his continuing witness rule objection regarding a medical report that went to the jury during deliberations

  • Johnson v. The State

    Publication Date: 2023-11-08
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Benjamin Wallace, (Wadkins & Wallace, P.C.), Columbus, Robert Wadkins, (Attorney at Law), Columbus, for appellant.
    for defendant: Lewis Lamb, Trevor Vanzant, (The District Attorney’s Office of the Southwestern Judicial Circuit), Americus, for appellee.

    Case Number: A23A1029

    Trial Counsel's Numerous Alleged Failures Did Not Affect Outcome of Trial

  • Pauldo v. The State

    Publication Date: 2023-11-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Spencer Lee Fredericks, (Georgia Public Defender Council), Dublin, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Cheryl Banks Hightower, Robert Brandon Faircloth, Louie Craig Fraser, (Dublin Judicial Circuit District Attorney’s Office), Dublin, for appellee.

    Case Number: S23A0654

    Court affirms conviction for malice murder over defendant's contentions of ineffective assistance of counsel

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    Massachusetts Legal Ethics & Malpractice 2017

    Authors: James S. Bolan, Sara N. Holden

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  • Jones v. The State

    Publication Date: 2023-11-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Andrew Van Thomas, II, (Andrew V. Thomas II, PC), Valdosta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, James Linder Prine, Bradfield M. Shealy, Jessua Calhoun Hornsby, (Southern Judicial Circuit Office Of The District Attorney), Thomasville, for appellee.

    Case Number: S23A0684

    Court affirms convictions for felony murder and other crimes over defendant's challenge to sufficiency of evidence and contentions of trial court error

  • Kimbro v. The State

    Publication Date: 2023-11-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: David Allen Hoort, (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Chelsea Sharonlyn-Clyde Harvey, (Department of Law), Atlanta, Fani T. Willis, Kevin Christopher Armstrong, David K. Getachew-Smith, Sr., (Fulton County District Attorney’s Office), Atlanta, for appellee.

    Case Number: S23A0678

    Court affirms convictions for malice murder and rape over defendant's multiple contentions of insufficient evidence, error, and ineffective assistance of counsel

  • Bowman v. The State

    Publication Date: 2023-11-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Pinson
    Attorneys: For plaintiff: Lauren Beth Shubow, (Office of the Public Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Rosenwasser, (Department of Law), Atlanta, Fani T. Willis, Kevin Christopher Armstrong, Charles Anthony Jones, Jr., (Fulton County District Attorney’s Office), Atlanta, for appellee.

    Case Number: S23A0682

    Court affirms convictions for malice murder and other crimes over defendant's objections to certain jury charges and contentions of trial court error

  • Sosebee v. The State

    Publication Date: 2023-11-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Jake Allen Shapiro, (Hall County Public Defender’s Office), Gainesville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Lee Darragh, Kelley Martin Robertson, Anna Victoria Fowler, (Northeastern Circuit District Attorney’s Office), Gainesville, for appellee; Matthew P. Cavedon, (Northeastern Circuit Public Defender’s Office), Gainesville, Virginia Natasha Perdew Silas, (Federal Defender Program Inc.), Atlanta, Hunter Joseph Rodgers, (J. Ryan Brown Law LLC), Newnan, Brandon A. Bullard, (The Bullard Firm, LLC), Atlanta, for Amicus Appellant.

    Case Number: S23A0589

    Court affirms convictions for felony murder and homicide by vehicle over defendant's challenges regarding the rule of lenity and cruel and unusual punishment

  • Steele v. The State

    Publication Date: 2023-11-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: David Edward Clark, (Clarke & Towne, PC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, Patsy A. Austin-Gatson, Christopher Mark DeNeve, (Gwinnett County District Attorney’s Office), Lawrenceville, for appellee.

    Case Number: S23A0460

    Court affirms felony murder conviction over defendant's unsupported challenge to sufficiency of evidence, but vacates assault conviction that should have merged