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  • Usher v. The State

    Publication Date: 2018-05-24
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Johnny O'Neal Usher, Nicholls, for appellant.
    for defendant: Layla Hinton Zon, Shaun Joseph Foley (Alcovy Judicial Circuit District Attorney's Office), Covington; Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for appellee.
    Case Number: S18A0274

    Defendant Seeking Out-of-Time Appeal Failed To Show Any Claims of Error Would Be Resolved In His Favor

  • Brown v. The State

    Publication Date: 2018-05-24
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Juwayn Haddad (Haddad Law Group LLC), Tucker, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-soo Youn (Department of Law), Atlanta; Joshua Daniel Morrison, Paul L. Howard Jr., Lyndsey Hurst Rudder, Michael V. Snow (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0262

    Trial Counsel Not Ineffective For Failing to Cross-Examine Witness Regarding Multiple Prior Arrests and Felony Convictions

  • Ramirez v. The State

    Publication Date: 2018-05-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jason Hood (Attorney at Law), Calhoun, for appellant.
    for defendant: Rosemary Greene (District Attorney), Calhoun; Sharon Fox (Gordon County District Attorney's Office), Calhoun, for appellee.
    Case Number: A18A0502

    Defendant Who Was Not Present at Bench Conference When Attorneys and Judge Discussed Jury Selection Issues Was Not Denied His Right To Be Present At All Trial Proceedings

  • Allen v. The State

    Publication Date: 2018-05-22
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Viveca Famber (Attorney at Law), Austell, for appellant.
    for defendant: Tracy Lawson (District Attorney), Jonesboro; Elizabeth Rosenwasser (Clayton County District Attorney), Jonesboro, for appellee.
    Case Number: A18A0480

    Trial Court Did Not Wrongfully Permit Deputy to Admonish Deputy to Stop Crying During Trial

  • Francis v. The State

    Publication Date: 2018-05-22
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Pamela Britt (Attorney at Law), Grayson, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Charissa Henrich (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A18A0334

    Officers Who Entered Residence Pursuant to Arrest Warrant Did Not Wrongfully Detain Another Occupant Prior to Drug Arrest

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  • Jenkins v. The State

    Publication Date: 2018-05-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Walter Britt (Chandler, Britt, Jay, Beck & Zwald LLC), Buford; Eliot Abt (The Abt Law Firm LLC), Atlanta, for appellant.
    for defendant: Michael Morrison (Assistant District Attorney), Lawrenceville; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A18A0123

    No Detention Occurred Where Driver Temporarily Stopped As Ruse To Evade Traffic Stop

  • Desantos v. The State

    Publication Date: 2018-05-16
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Lynn Kleinrock (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Lee Tittsworth (Gwinnett Circuit District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A18A0209

    Prospective Juror Who Openly Expressed Bias and Was Never Rehabilitated Should Have Been Excused For Cause

  • Burns v. The State

    Publication Date: 2018-05-15
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: Michael Ray (Grisham & Poole PC), Canton, for appellant.
    for defendant: Randall Ivey (District Attorney's Office, Blue Ridge Judicial Circuit), Canton; Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Shannon Wallace (District Attorney), Canton, for appellee.
    Case Number: A18A0227

    Evidence That Alleged Child Victim Had Previously Made False Accusation Against Someone Else Was Admissible to Impeach

  • Meadows v. The State

    Publication Date: 2018-05-10
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Mark Andrew Barnes, Macon; James W. Davis (James W. Davis & Associates), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Karl David Cooke Jr., John Allen Regan, Dorothy Vinson Hull (Macon Judicial Circuit District Attorney's Office), Macon, for appellee.
    Case Number: S18A0314

    Trial Court Declared Mistrial Without Sufficient Factual Support and Without Considering Less Drastic Alternatives

  • The State v. Abbott

    Publication Date: 2018-05-01
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Joshua Bradley Smith, Henry Wayne Syms Jr., Tyler McKenzie Gray (Augusta Judicial Circuit District Attorney's Office), Augusta; Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for appellant.
    for defendant: Ricardo Bravo (Law Offices of Ricardo Bravo LLC), Augusta; Charles R. Sheppard, Evans, for appellee.
    Case Number: S17A1583

    The trial court properly suppressed defendant's pre-Miranda warning statements to investigators but applied the wrong legal standard in suppressing his post-Miranda statements, which the trial court determined resulted from an improper interrogate first, warn later procedure.