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  • In The Interest of R. P., A Child

    Publication Date: 2018-07-16
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Margaret Heap (District Attorney), Savannah; Kimberly Rowden (Assistant District Attorney), Savannah, for appellant.
    for defendant: Yolanda Bacharach (Georgia Public Defender Council), Savannah, for appellee.
    Case Number: A18A0069

    Statements to Police Made Immediately After Juvenile Waived Miranda Rights Were Made Voluntarily

  • Carr v. The State

    Publication Date: 2018-07-12
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Amber Lee Connell (Lookout Mountain Judicial Circuit Public Defender), Ringgold; David James Dunn Jr. (Lookout Mountain Judicial Circuit Public Defender), LaFayette, for appellant.
    for defendant: Herbert E. Franklin Jr. (Lookout Mountain Judicial Circuit District Attorney's Office), LaFayette; Clayton McLean Fuller (Lookout Mountain Judicial Circuit District Attorney's Office), Ringgold, for appellee. Christopher M. Carr, Sarah Hawkins Warren, Ross Warren Bergethon, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for amicus appellee.
    Case Number: S18A0100

    The trial court erred in holding that O.C.G.A. § 17-7-130 (c) is constitutional and violated defendant's right to due process when it ordered that he be detained for inpatient evaluation solely because he had been charged with committing violent crimes and found mentally incompetent to stand trial.

  • Georgia Department of Human Services, Division of Family and Children Services v. Christopher Steiner

    Publication Date: 2018-07-12
    Practice Area: Constitutional Law | Family Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Ross Warren Bergethon, Annette M. Cowart, Sarah Hawkins Warren, Penny Hannah, Shalen S. Nelson, Andrew Alan Pinson, Christopher M. Carr, Victoria Cuneo Powell (Department of Law), Atlanta; Kenneth Gene Lawrence (Turner & Lawrence PC), Jackson, for appellant.
    for defendant: Joseph Scott Key, Kayci Nicole Dennis (Miller & Key PA), McDonough, for appellee. Andrew Santos Fleischman (Ross & Pines LLC), Atlanta; Laura D. Hogue (Hogue & Hogue LLP), Macon; Charles R. Bliss, Mara Leah Block (Atlanta Legal Aid Society Inc), Atlanta; Lisa Jane Krisher, Michael Joseph Tafelski, Jamie B.J. Rush (Georgia Legal Services Program), Atlanta; David Alfred Webster, Atlanta, for amicus appellee.
    Case Number: S18A0281

    The superior court erred in finding that Georgia's central child abuse registry is unconstitutional, both on its face and as applied to appellee.

  • 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

  • Law Journal Press | Digital Book

    Winning at Trial: Insights from the Bench and Leading Litigators

    Authors: David R. Marriott

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  • 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.

  • 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