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  • The State v. Ault

    Publication Date: 2023-10-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Charles Higgins, (District Attorney's Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney's Office, Brunswick Judicial Circuit), Kingsland, for appellant.
    for defendant: Alan Tucker, (Tucker & Browning Law, P.C.), Brunswick, Adrienne Browning, (Adrienne Browning, Attorney at Law, P.C.), Brunswick, for appellee.
    Case Number: A23A0792

    Court vacates 7-yer sentence for burglary and remands for resentencing to 25 years under the recidivist statute because defendant was a habitual felon

  • Brown v. The State

    Publication Date: 2023-10-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Jerry Chappell, (Georgia Public Defender Council), Roswell, for appellant.
    for defendant: Lenny Krick, Sherry Boston, (Assistant District Attorney-Stone Mountain Judicial Circuit), Decatur, for appellee.
    Case Number: A23A0971

    Court affirms child molestation convictions over defendant's contentions of jury instruction error and alleged error regarding the reliability of a witness

  • Martin-Argaw v. The State

    Publication Date: 2023-10-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: G. Stepp, (G. Richard Stepp, P.C.), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Christopher Lewis, (Gwinnett Judicial Circuit District Attorney’s Office), Lawrenceville, for appellee.
    Case Number: A23A0990

    Court affirms convictions for attempted murder over defendant's contention that trial court erroneously excluded evidence about a witness's pending criminal indictment

  • The State v. Small

    Publication Date: 2023-09-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Ruth Pawlak, Fani Willis, Kevin Armstrong, (Assistant District Attorney Fulton County District Attorney’s Office), Atlanta, for appellant.
    for defendant: Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, for appellee.
    Case Number: A23A1140

    Court reverses order granting defendant's new trial motion, finding there was no basis to conclude that his trial counsel performed deficiently as to a jury charge request

  • Meite v. The State

    Publication Date: 2023-09-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Debra Jefferson, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Marlene Oldeen, (Gwinnett County District Attorney), Lawrenceville, for appellee.
    Case Number: A23A0851

    Court affirms convictions for making terroristic threats over defendant's objection to sufficiency of evidence

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    Montgomery County Court Rules 2024

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  • Chaney v. The State

    Publication Date: 2023-09-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Chris Smith, (Riverbend Correctional Facility), Milledgeville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Kevin Christopher Armstrong, Fani T. Willis, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: S23A0892

    Demand For New Trial Based on Trial Counsel's Ineffective Assistance Should Have Been Raised by Petition for Habeas Relief

  • Annunziata v. The State

    Publication Date: 2023-09-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Kevin Alan Anderson, (Atlanta Circuit Public Defender’s Office), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick, (Department of Law), Atlanta, Fani T. Willis, Kevin Christopher Armstrong, Jayna Edwards, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: S23A0715

    Evidence Did Not Warrant Instruction on Voluntary Manslaughter

  • Randolph v. The State

    Publication Date: 2023-09-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Frank Michael Starosto, Jr., (Star Law, PC), Woodstock, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, Linda Jeanne Dunikoski. Flynn Duncan Broady, Jr., (Cobb County District Attorney’s Office), Marietta, for appellee.
    Case Number: S23A0636

    Similarities and Temporal Proximity Between Prior Robbery and Current Charged Offense Demonstrated Probative Value to Prove Intent

  • Beltran-Gonzales v. The State

    Publication Date: 2023-09-27
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: Jerry W. Chappell, II, (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Kevin Jameson Baugh, Matthew William Moore, Clayton McLean Fuller, (Lookout Mountain Judicial Circuit District Attorney’s Office), Ringgold, Chris Allen Arnt, (Superior Court Judge-LMJC), Trenton, for appellee.
    Case Number: S23A0710

    Trial Counsel's Decision Not to Object to Joint Murder Trial Was Not Objectively Unreasonable

  • Demuro v. The State

    Publication Date: 2023-09-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Amanda Jones Walker, (Eastern Judicial Circuit Office of the Public Defender), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Rosenwasser, (Department of Law), Atlanta, Margaret Ellen Heap, (Office of the District Attorney Eastern Judicial Circuit), Savannah, Aletha Claire Farley, (Chatham County District Attorney’s Office), Savannah, for appellee.
    Case Number: S23A0647

    Court Reporter's Difficulty Transcribing Court's Verbal Instructions Insufficient to Establish Instructions Were Not Complete