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  • Scott v. The State

    Publication Date: 2017-09-29
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: Juwayn Haddad (Haddad Law Group LLC), Tucker, 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: S17A0721

    Although the evidence supported defendant's convictions for felony murder, aggravated assault, possession of a firearm in commission of a felony and possession of a firearm by a convicted felon, the Court vacated his sentence and remanded for resentencing based on a merger error.

  • Mallery v. The State

    Publication Date: 2017-09-29
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Ruth McMullin (McMullin LLC), Stone Mountain, for appellant.
    for defendant: Sherry Boston (DeKalb County District Attorney), Decatur; Gerald Mason (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: A17A1048

    Defendant failed to carry his burden of proving that the trial court erred in denying his motion for a new trial on ineffective assistance of counsel grounds and the Court, therefore, affirmed his convictions for armed robbery and aggravated assault.

  • Parham v. The State

    Publication Date: 2017-09-29
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Leigh Webster (Strickland Webster 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: A17A1663

    The Court affirmed defendant's convictions and sentences for two counts of theft by deception, finding that the trial court was authorized to sentence defendant under the general recidivist statute, O.C.G.A. 17-10-7 subsection (a) and subsection (c), rather than solely under the more specific recidivist provision applicable to theft-by-deception convictions, based on defendant's prior felony convictions.