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  • Welch v. The State

    Publication Date: 2020-10-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Bruce Steven Harvey, (Law Offices of Bruce S. Harvey), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, Tasha Monique Mosley, Karen Smith Barbour, (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S20A1010

    Defendant's Girlfriend's Out-Of-Court Statement Was Admissible Under Forfeiture-By-Wrongdoing Exception to Hearsay Rule

  • Bridgewater v. The State

    Publication Date: 2020-10-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Stephen Randall Scarborough, (Office of the Public Defender), Atlanta, Jessica A. Seares, (Atlanta Circuit Public Defender's Office), Atlanta, Margaret Elizabeth Bullard, (Fulton County Public Defender's Office), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Paul L. Howard, Jr., Lyndsey Hurst Rudder, Stephany Julissa Luttrell, (Fulton County District Attorney's Office), Smyrna, for appellee.
    Case Number: S20A1014

    Key Trial Witness's Pretrial Statements to Police Properly Admitted as Prior Inconsistent Statements

  • Wilkerson v. The State

    Publication Date: 2020-10-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Richard Armond, (The Armond Firm, LLC), Lawrenceville, for appellant.
    for defendant: Daniel Porter, Daniel Sanmiguel, (Gwinnett Judicial Circuit District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A20A1489

    Other-Acts Evidence of Prior Forcible Sexual Assaults Properly Determined to be Admissible at Trial on Sexual Assault Charges

  • Griffin v. The State

    Publication Date: 2020-10-26
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Jessica Ruth Towne, David Edward Clark, (Clark & Towne, P.C.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill, (Department of Law), Atlanta, Penny Alane Penn, Michael Shawn Mahoney, (Forsyth County District Attorney's Office), Cumming, for appellee.
    Case Number: S20A0967

    Trial Counsel Offered Reasonable Tactical Explanation For Failing to Challenge Evidence of Defendant's Racism

  • Love v. The State

    Publication Date: 2020-10-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Jason Kang, Covington, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Alex Martin Bernick, (Department of Law), Atlanta, Layla Hinton Zon, (Alcovy Judicial Circuit District Attorney's Office), Covington, for appellee.
    Case Number: S20A0802

    Trial Court Did Not Err in Denying Malice Murder Defendant's Motion to Suppress Statements to Law Enforcement or in Sentencing Him as a Juvenile to Serve Life Without Parole

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  • Lumpkin v. State

    Publication Date: 2020-10-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Wayne L. Burnaine, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien, (Department of Law), Atlanta, Daniel J. Porter, Lee Franklin Tittsworth, Samuel Richard d'Entremont, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S20A0734

    Ample Evidence Supported Jury Conclusion That Participant in Home Robbery Shared Shooter's Criminal Intent

  • Lowery v. The State

    Publication Date: 2020-10-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Kathleen Strang, Albany, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Timothy Grady Vaughn, Keely Kight Pitts, (Oconee Judicial Circuit District Attorney's Office), Eastman, for appellee.
    Case Number: s20a0597

    Evidence That Suspect Fired Shotgun at Pursuing Sheriff During High-Speed Pursuit Supported Felony Murder Conviction

  • Clarke v. The State

    Publication Date: 2020-10-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Lawrence Lewis, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Andrea Alabi, Daniel Porter, (Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A20A1013

    Court affirms convictions for theft by receiving stolen property over defendant's objections to other acts evidence and contentions of ineffective assistance of counsel

  • Cooke v. The State

    Publication Date: 2020-10-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Terry Taylor, (Attorney at Law), Evans, for appellant.
    for defendant: Joshua Smith, Natalie Paine, Henry Syms, (Office of the District Attorney), Augusta, for appellee.
    Case Number: A20A1428

    Evidence of Prior Incident Between Defendant and Robbery/Assault Victim Was Admissible as Similar Transaction Evidence

  • Wallace v. The State

    Publication Date: 2020-10-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Timothy Craig Head, (Waycross Judicial Circuit Defender's Office), Waycross, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill, (Department of Law), Atlanta, George Elemuel Barnhill, Michelle Chapman McIntire, (Waycross Judicial Circuit District Attorney's Office), Waycross, for appellee.
    Case Number: S20A1186

    It Was for the Jury, Not the Court, to Resolve Possible Conflicts in Evidence and Questions on Witness Credibility; Murder Conviction Sustained