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  • 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.

  • Williams v. The State

    Publication Date: 2018-06-15
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Angela Brown (Moore Brown Law Group, PC.), Atlanta; Roberto Hoover (Conflict Defender's Office), Americus, for appellant.
    for defendant: Bradford Rigby (District Attorney's Office of the Cordele Judicial), Cordele; Whitney Bradford (Cordele Judicial Circuit District Attorney's Office), Cordele, for appellee.
    Case Number: A18A0206

    Defendant's Appeal Presented First Opportunity For Defendant to Raise Ineffective Assistance of Counsel Claim

  • Slaughter v. The State

    Publication Date: 2018-06-15
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Jerome Slaughter, Oglethorpe, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Marc Mallon (Senior Assistant District Attorney), Atlanta, for appellee.
    Case Number: A18A0163

    Any Conflicting Evidence As To Venue Was Resolved by Jury

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    State Antitrust Law

    Authors: William T. Lifland

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  • Price v. The State

    Publication Date: 2018-06-14
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jody Peterman (Attorney at Law), Valdosta, for appellant.
    for defendant: Tami Peavy-Owen (Southwestern Judicial Circuit District Attorney's Office), Americus; Plez Hardin (District Attorney Southwestern Circuit), Americus; Lewis Lamb (Southwestern Circuit D.A.'S Office), Americus, for appellee.
    Case Number: A18A0631

    The Court vacated defendant's conviction for child molestation following a bench trial because the record did not adequately demonstrate whether defendant's waiver of his right to a jury trial was knowing and voluntary.

  • Durham v. The State

    Publication Date: 2018-06-13
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Debra Jefferson (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Layla Zon (District Attorney), Covington; Randal McGinley (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A18A0098

    The Court vacated defendant's convictions for rape and child molestation and remanded the case for the trial court to enter a written order including findings of fact and conclusions of law as to defendant's claimed speedy-trial violation.

  • In The Interest Of C. W., a child.

    Publication Date: 2018-06-13
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Margaret Heap (District Attorney), Savannah; Kimberly Rowden (Assistant District Attorney Juvenile Court Of Chatham County), Savannah, for appellant.
    for defendant: Yolanda Bacharach (Georgia Public Defender Council), Savannah, for appellee.
    Case Number: A18A0364

    Juvenile Delinquency Petition Was Subject to Dismissal For Failure to Name Victim

  • The State v. Dykes

    Publication Date: 2018-06-12
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Teri Walker (Fulton County District Attorney's Office), Atlanta; Paul Howard (District Attorney), Atlanta, for appellant.
    for defendant: Sarina Woods (Atlanta Circuit Public Defender's Office), Atlanta, for appellee.
    Case Number: A18A0613

    The Court affirmed the grant of defendant's motion to suppress evidence obtained during a traffic stop because, viewed in the light most favorable to the trial court's ruling, there was no evidence that defendant committed a traffic violation and the officer thus lacked reasonable suspicion to stop defendant.

  • Thomas v. The State

    Publication Date: 2018-06-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Tyler R. Conklin (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Samuel H. Altman, John Alexander Fitzner III (Middle Judicial Circuit District Attorney's Office), Swainsboro; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta, for appellee.
    Case Number: S18A0003

    Defendant failed to prove his ineffective assistance of counsel claim as he failed to show a reasonable probability that the outcome of his trial would have been different absent trial counsel's alleged deficiency.