• Earnest Ray White v. The State

    Publication Date: 2018-06-28
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Christina Cribbs (Georgia Public Defender Council), Atlanta; Clare Gilbert (Georgia Innocence Project), Decatur, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Joshua Smith (District Attorney's Office), Augusta; Natalie Paine (District Attorney), Augusta, for appellee.

    Case Number: A18A0214

    Trial Court Applied Wrong Standard in Denying Convicted Defendant's Motion For DNA Testing of Archived Evidence

  • Royster v. State of Georgia

    Publication Date: 2018-06-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Benjamin Goldberg (The Law Office of Ben Goldberg LLC), Mableton, for appellant.
    for defendant: Jennifer Hendee (Gwinnett District Attorney's Office), Lawrenceville; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.

    Case Number: A18A0467

    The trial court did not abuse its discretion in denying appellant's petition for release from the requirement that he be registered as a sex offender as a result of a 1993 conviction.

  • Clifton v. The State

    Publication Date: 2018-06-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: William Clifton, Pelham, for appellant.
    for defendant: Stephen Bradley (District Attorney, Ocmulgee Judicial Circuit), Milledgeville; Daniel Cochran (Ocmulgee Judicial Circuit), Monticello, for appellee.

    Case Number: A18A0746

    The Court dismissed defendant's appeal from the order rejecting his motion to withdraw his guilty plea, finding that it lacked jurisdiction over the appeal.

  • McCurley v. The State

    Publication Date: 2018-06-20
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Ashleigh Merchant (The Merchant Law Firm PC), Marietta, for appellant.
    for defendant: Christopher Arnt (Assistant District Attorney), Lafayette; Herbert Franklin (District Attorney), Lafayette, for appellee.

    Case Number: A18A0471

    Trial Clerk's Testimony He Timely Mailed Copy of Order to Defendant Supported Denial of Motion To File Out-Of-Time Appeal

  • Moore v. The State

    Publication Date: 2018-06-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Carzell Moore, Trion, for appellant.
    for defendant: Jonathan Lang Adams (Towaliga Circuit District Attorney's Office), Jackson; Steven Chambless Ouzts (Towaliga Circuit District Attorney's Office), Forsyth; Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton (Department of Law), Atlanta, for appellee.

    Case Number: S18A0509

    The trial court properly rejected appellant's "Amended Motion for Out of Time Appeal" following his guilty pleas to rape and murder, as his attempt to amend the already-adjudicated motion was untimely.

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  • Williams v. The State

    Publication Date: 2018-06-15
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Angela Brown (Moore Brown Law Group, PC.), Atlanta; Roberto Hoover (Conflict Defender's Office), Americus, for appellant.
    for defendant: Bradford Rigby (District Attorney's Office of the Cordele Judicial), Cordele; Whitney Bradford (Cordele Judicial Circuit District Attorney's Office), Cordele, for appellee.

    Case Number: A18A0206

    Defendant's Appeal Presented First Opportunity For Defendant to Raise Ineffective Assistance of Counsel Claim

  • Gordon v. Caldwell

    Publication Date: 2018-06-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Andre Gordon, Abbeville, for appellant.
    for defendant: Elizabeth Haase Brock, Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for appellee.

    Case Number: S18A0132

    The habeas court erred in ruling that certain claims alleged in appellant's petition for habeas corpus were foreclosed from habeas review.

  • Merrick v. The State

    Publication Date: 2018-06-06
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Beasley
    Attorneys: For plaintiff: Leon Hicks (Attorney at Law), Jonesboro, for appellant.
    for defendant: Stephen Putnam (Clayton County Solicitor Gen.), Jonesboro; Tasha Mosley (Solicitor General), Jonesboro, for appellee.

    Case Number: A18A0398

    Trial Court Could Not Rule on Motion to Withdraw Plea Filed After Conclusion of Term of Court at Which Plea Was Entered

  • Ricks v. The State

    Publication Date: 2018-05-31
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Ashleigh Ricks, Hawkinsville, for appellant.
    for defendant: Stephen Andrew Bradley (Ocmulgee Judicial Circuit District Attorney's Office), Milledgeville; Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton (Department of Law), Atlanta, for appellee.

    Case Number: S18A0012

    Trial Court Lacked Jurisdiction to Rule On Motion for Out-Of-Time Appeal

  • Holt v. Ebinger

    Publication Date: 2018-05-30
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, Christopher M. Carr (Department of Law), Atlanta, for appellant.
    for defendant: William Randall Bassett Jr., Philip Robbins Green (King & Spalding LLP), Atlanta, for appellee. Paige Reese Whitaker (Fulton County District Attorney's Office), Atlanta, for other party.

    Case Number: S18A0052

    The habeas court erred in granting habeas relief to petitioner because his failure to complete the record with relevant evidence from the trial proceedings was fatal to all of the claims for which he was granted relief.