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  • Beasley v. The State

    Publication Date: 2019-03-12
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, PC.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Katherine DeRosa Emerson, (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: S18A1252

    No Ineffectiveness of Counsel For Failing to Maintain Objection Against Application of Habitation Defense to Homicide Victim

  • Winters v. The State

    Publication Date: 2019-03-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: David Gladston Daniell, (Daniell Law Firm, LLC), Warner Robbins, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Matthew Min-soo Youn, Christopher M. Carr, (Department of Law), Atlanta, Daniel Patrick Bibler, George Herbert Hartwig, III, Marie R. Banks, (Houston County District Attorney's Office), Perry, for appellee.
    Case Number: S18A1234

    No Error in Admitting Witness's Post-Hypnotic Statement That Was Essentially Identical to Pre-Hypnotic Statement

  • Elliott v. The State

    Publication Date: 2019-03-08
    Practice Area: Constitutional Law | Criminal Law
    Industry: Automotive
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Gregory Allen Willis, (Willis Law Firm), Atlanta, Jared Thomas Hall, (Thomas, Webb & Willis LLC), Atlanta, for appellant.
    for defendant: William Washington Fleenor, Ethan Merritt Makin, (Athens-Clarke County Solicitor General's Office), Athens, Kenneth W. Mauldin, (Western Judicial Circuit District Attorney's Office), Athens, for appellee. Daniel J. Sabol, (Luftman, Heck & Associates LLP), Columbus, Donald Timothy Huey, Blaise J. Katter, (Huey Defense Firm), Columbus, for Amicus appellant. Patricia B. Attaway Burton, David Scott McLaughlinm, Paula Khristian Smith, Andrew Alan Pinson, Christopher M. Carr, Jameson B. Bilsborrow, (Department Of Law), Atlanta, for Amicus Appellee. Margaret Ellen Heap, (Office of The District Attorney Eastern Judicial Circuit), Savannah, Joseph Scott Key, (Miller & Key, PA), McDonough, William Aubrey Finch, (Forsyth County Solicitor General's Office), Cumming, David Holmes, (Cherokee County District Attorney's Office), Canton, Samuel Richard d'Entremont, (Gwinnett County District Attorney's Office), Lawrenceville, for Neutral Amicus. Patricia B. Attaway Burton, Ross Warren Bergethon, David Scott McLaughlin, Paula Khristian Smith, Andrew Alan Pinson, Christopher M. Carr, Jameson B. Bilsborrow, (Department Of Law), Atlanta, for Amicus Appellee. Gilbert Alexander Crosby, Peter J. Skandalakis, Robert Wright Smith, Jr., (Prosecuting Attorney's Council of Georgia), Morrow, for Neutral Amicus.
    Case Number: S18A1204

    Under Georgia Constitution, Motorist's Invocation of Right to Refuse Blood Alcohol Test Could Not Be Admitted Against Her at Trial

  • Strozier v. The State

    Publication Date: 2018-11-21
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Teri Brown, (Attorney at Law), Atlanta, for appellant.
    for defendant: Keith Gammage, (Fulton County Solicitor General), Atlanta, Kenneth Kondritzer, (Attorney at Law), Atlanta, for appellee.
    Case Number: A18A1179

    Waiver of fee for appointment of a public defender cannot be conditioned on anything other than a defendant's ability to pay the fee.

  • Martinez v. The State

    Publication Date: 2018-11-05
    Practice Area: Constitutional Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: H. Morris, (Public Defender Office), Gainesville, Brock Johnson, (Northeastern Circuit Public Defender's Office), Gainesville, for appellant.
    for defendant: Lee Darragh, (District Attorney, NEJC of GA), Gainesville, Anna Fowler, (Hall County District Attorney's Office), Gainesville, for appellee.
    Case Number: A18A1051

    Detailed factual findings required to determine whether consent was given for a forensic examination of a cell phone

  • Law Journal Press | Digital Book

    Enforcement of Judgments: A Practitioner’s Guide to Recovery

    Authors: Dennis S. Ellis, Katherine F. Murray, Nicholas J. Begakis, Adam M. Reich

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  • Delay et al. v. Sutton, Commissioner

    Publication Date: 2018-09-18
    Practice Area: Constitutional Law | Election and Political Law
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Angela Rene Fox, James Darren Summerville, Kurt Gregory Kastorf, (The Summerville Firm, LLC), Atlanta, for appellant.
    for defendant: Dwight L. Thomas, Atlanta, for appellee.
    Case Number: S18A0765

    Bill authorizing private entities to appoint public officials violates the state constitution.

  • Starks v. The State

    Publication Date: 2018-09-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Lynn M. Kleinrock, (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Patricia B. Attaway Burton, Deputy, Paula Khristian Smith, Senior Assistant, Michael Alexander Oldham, (Department Of Law), Atlanta, Daniel J. Porter, District Attorney (Gwinnett County District Attorney's Office), Lawrenceville, Lee Franklin Tittsworth, A.D.A. (Gwinnett Circuit District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S18A0902

    Defendant Not Prejudiced by Trial Counsel's Failure to Challenge Rebuttal Testimony and Prosecutor's Closing Argument

  • In Re Williams

    Publication Date: 2018-08-30
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: N. Williams, (Laurail Williams, Esq.), McDonough, for appellant.
    for defendant: Deitra Burney-Butler, (Judge, Clayton Count Juvenile Court), Jonesboro, for appellee.
    Case Number: A18A1384

    Record Devoid of Evidence That Accused Criminal Contemnor Was Accorded Minimal Due Process

  • Flores v. The State

    Publication Date: 2018-08-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Donna Seagraves, (Attorney At Law), Jefferson, for appellant.
    for defendant: James Smith, Paul Trifiletti, (Piedmont Judicial Circuit District Attorney's Office), Jefferson, for appellee.
    Case Number: A18A1331

    Traffic Stop Was Not Excessively Prolonged During Wait For Spanish-Speaking Officer

  • Patten v. Ardis

    Publication Date: 2018-08-13
    Practice Area: Constitutional Law | Family Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Gregory Alan Voyles (Moore & Voyles PC), Valdosta; Mary Katherine Durant (Durant Law LLC), Stone Mountain, for appellant.
    for defendant: James Thomas Bennett, Kari Anne Bowden (Bennett Law Firm LLP), Valdosta, for appellee.
    Case Number: S18A0412

    Grandparent Visitation Law Violates Constitutional Right of Parents to Care, Custody, And Control of Their Children