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  • Lopez-Lopez v. The State

    Publication Date: 2023-07-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: G. Stepp, (G. Richard Stepp, P.C.), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Heather Sampah, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A23A0593

    Court reverses denial of motion to suppress pre-arrest incriminating statements because defendant was effectively detained as if he were under arrest

  • Irving v. The State

    Publication Date: 2023-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Erica Austin, (South Georgia Judicial Circuit Public Defender’s Office), Bainbridge, for appellant.
    for defendant: Joseph Mulholland, Moruf Oseni, (Office of the District Attorney, South Georgia Circuit), Bainbridge, for appellee.
    Case Number: A23A0323

    Court reverses probation revocation order because defendant's probation had expired and was never tolled because a tolling order was never filed with the court clerk

  • Walker v. The State

    Publication Date: 2023-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Mitchell Shook, (Attorney at Law), Vidalia, for appellant.
    for defendant: Robert Faircloth, Louie Fraser, Grady Cullens, (Dublin Judicial Circuit District Attorney’s Office), Dublin, for appellee.
    Case Number: A23A0334

    Court affirms convictions for reckless conduct and criminal damage to property where the State proved the value of property damage with an estimate of repair costs

  • Day v. The State

    Publication Date: 2023-07-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Leonard Myers, (Ocmulgee Circuit Public Defender’s Office), Gray, for appellant.
    for defendant: Tuttle Barksdale, (Ocmulgee Circuit District Attorneys Office), Eatonton, Cara Fiore, (Ocmulgee Judicial Circuit), Gray, for appellee.
    Case Number: A23A0316

    Court affirms convictions for sexual exploitation of children over defendant's contentions of trial court error, insufficient evidence, and ineffective assistance of counsel

  • The State v. Bly

    Publication Date: 2023-06-30
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Patsy Austin-Gatson, Brandon Delfunt, Ryan Smith, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellant.
    for defendant: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellee.
    Case Number: A23A0153

    Court affirms motion to suppress evidence of narcotics seized during a traffic stop because officers had no reasonable suspicion of criminal activity to initiate that stop

  • Law Journal Press | Digital Book

    Florida Affirmative Defenses and Procedural Objections: With Forms 2024

    Authors: Joshua B. Spector, Paul D. Turner

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  • Huff v. The State

    Publication Date: 2023-06-30
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Edwin Wilson, (Attorney at Law), Snellville, for appellant.
    for defendant: Patsy Austin-Gatson, Christopher Lewis, (Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A23A0026

    Court affirms convictions for identity fraud and theft by taking over defendant's several contentions of trial court error

  • Bunde v. The State

    Publication Date: 2023-06-29
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: William Head, (Attorney at Law), Sandy Springs, Andrew Fleischman, (Sessions & Fleischman), Sandy Springs, for appellant.
    for defendant: Patricia Brooks, Winder, James Smith, (District Attorney), Jefferson, for appellee.
    Case Number: A23A0595

    Defendant Consented to Breath Test Following Vehicle Accident

  • The State v. Thurston

    Publication Date: 2023-06-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Anthony Williams, Matthew Rollins, (Paulding Circuit District Attorney’s Office), Dallas, for appellant.
    for defendant: Timothy Lumpkin, (Law Office of T. Bryan Lumpkin), Marietta, for appellee.
    Case Number: A23A0177

    State Could Not Remedy Order Suppressing Evidence By Applying For Second Warrant Based on Same Facts

  • Burley v. The State

    Publication Date: 2023-06-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Alex Martin Bernick, (Fulton County District Attorney’s Office), Atlanta, Joseph Kenneth Mulholland, Banks Thomas Smith, Sr., Moruf O. Oseni, (South Georgia Judicial Circuit District Attorney’s Office), Bainbridge, for appellee.
    Case Number: S23A0322

    Court affirms felony murder conviction over defendant's contention that the trial court erred by not instructing the jury on malice murder

  • Copeland v. The State

    Publication Date: 2023-06-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Pinson
    Attorneys: For plaintiff: Deborah Lorraine Leslie, (The Leslie Group, LLC), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill, (Department of Law), Atlanta, Fani T. Willis, Kevin Christopher Armstrong, Aslean Zachary Eaglin, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: S23A0281

    Court affirms felony murder conviction and rejects defendant's contentions of insufficient evidence and claims of self-defense