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  • Bryant v. The State

    Publication Date: 2018-07-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Edward Brumby (Public Defender's Office), Athens; John Donnelly (Western Circuit Public Defender's Office), Athens, for appellant.
    for defendant: James Chafin (Assistant District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A18A0330

    Defendant Claiming Ineffective Assistance of Counsel Did Not Show Prejuduce or Deficient Performance

  • Bennett v. The State

    Publication Date: 2018-07-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Kelly Williamson (Augusta Circuit Public Defender's office), Augusta; Brooke Ray (Law Office of the Public Defender, Stone Mountain Judicial Circuit), Decatur, for appellant.
    for defendant: Ashley Muller (Augusta Circuit District Attorney's Office), Augusta; Joshua Smith (District Attorney's Office Augusta Judicial Circuit), Augusta; Henry Syms (Office of the District Attorney), Augusta; Rebecca Wright (District Attorney), Augusta, for appellee.
    Case Number: A17A0181

    Incarcerated First Offender Was Subject to Mandatory DNA Testing and Records Retention

  • Carman v. The State

    Publication Date: 2018-07-10
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Gabrielle Amber Pittman (GCD), Macon; Kimberly Ann Staten-Hayes, Christian Garfield Lamar, Christina Paige Rudy (Metro Capital Defender's Office), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Kevin Christopher Armstrong (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0586

    The trial court did not abuse its discretion in sua sponte declaring a mistrial due to defense counsel's family emergency and thus did not err in denying defendant's double jeopardy plea in bar.

  • Maxim Cabaret, Inc. d/b/a Maxim Cabaret et al. v. City Of Sandy Springs, Georgia

    Publication Date: 2018-07-03
    Practice Area: Constitutional Law | Government
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Alan I. Begner, Cory Goldsmith Begner, Eric A. Coffelt (Begner & Begner P.C.), Atlanta, for appellant.
    for defendant: Scott Dean Bergthold (Law Office of Scott D. Bergthold PLLC), Chattanooga; Harvey S. Gray (Gray Rust St. Amand Moffett & Brieske LLP), Atlanta, for appellee.
    Case Number: S18A0496

    The trial court properly granted City's motion for summary judgment in strip club's suit challenging certain City ordinances.

  • Terrell v. The State

    Publication Date: 2018-07-02
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Clifford Louis Kurlander (Georgia Public Defender Council - Appellate Division), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Vanessa Therese Meyerhoefer (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Arthur C. Walton (Fulton County Courthouse), Atlanta, for appellee.
    Case Number: S18A0478

    The Court affirmed defendant's convictions for murder and related crimes as the trial court did not deprive defendant of his right to testify on his own behalf when it informed him that he had to testify immediately or waive the right altogether.

  • Law Journal Press | Digital Book

    Section 337 Investigations: Unfair Trade Practice Litigation Before the ITC

    Authors: Michael G. McManus, Rodney R. Sweetland, III

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  • Tucker v. Atwater et al.

    Publication Date: 2018-06-25
    Practice Area: Constitutional Law | Government
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: S18C0437

    The Supreme Court denied teacher's petition for certiorari after the Court of Appeals reversed the denial of summary judgment to county school officials in teacher's suit under 42 USC § 1983 alleging that officials violated her First Amendment rights by disciplining her after she posted a particular comment on a social media website.

  • The State v. Cain

    Publication Date: 2018-06-22
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Maria Lugue (Solicitor General), Brunswick; E. Ramsey (Attorney at Law), Brunswick, for appellant.
    for defendant: Alan Tucker (Alan David Tucker ESQ. P.C.), Brunswick, for appellee.
    Case Number: A18A0750

    Failure of Police to Retrieve and Preserve Video Documenting DUI Traffic Stop Did Not Deprive Defendant of Due Process

  • Turner v. The State

    Publication Date: 2018-06-21
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: David Clark, Lawrenceville, for appellant.
    for defendant: Samuel Altman (District Attorney Middle Judicial Circuit), Swainsboro; Kelly Jenkins (Middle Judicial Circuit - District Attorney), Swainsboro, for appellee.
    Case Number: A18A0509

    Defense Counsel Fully and Carefully Explained Charges and Evidence Against Defendant

  • Edge v. The State

    Publication Date: 2018-06-19
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Deborah Leslie (The Leslie Group LLC), Jonesboro, for appellant.
    for defendant: Leigh Patterson (District Attorney), Rome; Luke Martin (Floyd County District Attorney), Rome, for appellee.
    Case Number: A18A0424

    Prosecution Failed to Overcome Presumption of Harm Resulting From Juror Misconduct

  • Szorcsik v. The State

    Publication Date: 2018-06-18
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Troy Edward Golden, John Robert Mobley II, John G. Wolinski (Dougherty Circuit Public Defender's Office), Tifton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Clifford Paul Bowden (Tifton Judicial Circuit District Attorney's Office), Tifton, for appellee.
    Case Number: S18A0461

    The trial court did not err in concluding that, under the totality of the circumstances, defendant knowingly and voluntarily waived his previously-invoked right to counsel after choosing to reinitiate communication with law enforcement officials.