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  • Zarouk v. The State

    Publication Date: 2018-01-30
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Cameil Reddick (Metro Conflict Defender), Atlanta, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Kevin Armstrong (Office of the District Attorney), Atlanta, for appellee.
    Case Number: A17A1922

    The trial court did not clearly err in denying defendant's motion for acquittal and discharge based on his demand for a speedy trial pursuant to O.C.G.A. § 17-7-170, because defendant failed to carry his burden to show that the demand for a speedy trial was pending for two terms of court during which there were juries impaneled and qualified to try his case.

  • Harris v. The State

    Publication Date: 2018-01-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: Anne Allen (Assistant District Attorney Coweta Judicial Circuit), Carrollton; Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.
    Case Number: A17A1941

    The record supported the trial court's finding that the prosecutors failure to redact a video recording of defendant's interview with an investigator, which led to a mistrial, was not made purposefully to subvert double jeopardy protections and the trial court, therefore, did not err in denying defendant's plea in bar/motion in autrefois convict in which he contended that the double jeopardy clause barred his further prosecution for child molestation.

  • Womac v. The State

    Publication Date: 2018-01-02
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Michael Robert McCarthy (Mike McCarthy, Criminal Defense Lawyer), Rocky Face, for appellant.
    for defendant: Herbert McIntosh Poston, Jr., Victoria Keely Parker, (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: S17A1385

    The Supreme Court affirmed defendant's convictions and sentences for aggravated sexual battery, child molestation, cruelty to children in the first degree and false imprisonment and found that his life sentence for aggravated sexual battery did not constitute cruel and unusual punishment in violation of the Georgia Constitution.

  • Henderson v. The State

    Publication Date: 2017-12-14
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: 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: A17A1926

    The trial court failed to properly apply the applicable test when it granted State's motion to involuntarily medicate a mentally ill criminal defendant in an attempt to make him competent to stand trial.

  • Johnson v. The State

    Publication Date: 2017-11-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Jonathan Rosenburg (Lister & Holt LLC), Jonesboro, for appellant.
    for defendant: Tasha Mosley (Solicitor General), Jonesboro; James Wilkinson (Cherokee Circuit District Attorney), Cartersville, for appellee.
    Case Number: A17A0733

    The trial court erred in denying defendant's motion to suppress evidence police discovered after they arrested him without probable cause, as defendant was free to leave a first-tier police encounter and his arrest for obstruction was thus unlawful.

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  • The State v. Licata

    Publication Date: 2017-11-22
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Adam Keller (Sr. Assistant Solicitor General), Cumming; William Finch (Solicitor General of Forsyth County), Cumming, for appellant.
    for defendant: Woodrow Smith (Attorney at Law), Atlanta; Matthew Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellee.
    Case Number: A17A1200

    The trial court erred in granting DUI defendant's motion to suppress the results field sobriety tests and evidence of his refusal to take a breath test because he was sufficiently warned of his right not to incriminate himself before the field sobriety tests and he was not entitled to counsel when deciding whether to submit to the state-requested breath test.

  • Ellis v. The State

    Publication Date: 2017-11-21
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Monte Davis (Attorney at Law), Roswell, for appellant.
    for defendant: Emily Johnson (District Attorney's Office Rome Judicial Circuit), Rome; Leigh Patterson (District Attorney), Rome, for appellee.
    Case Number: A17A0659

    The trial court erred in key factual findings and failed to balance the relevant legal factors when it denied defendant's plea in bar on constitutional speedy trial grounds.

  • Atwater et al. v. Tucker

    Publication Date: 2017-11-20
    Practice Area: Constitutional Law | Government
    Industry: Education | State and Local Government
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Janet Scott, A. Welch (Smith, Welch, Webb & White, LLC), McDonough; Larry Mims, Ross Pittman (Attorney at Law), Tifton; Megan Pearson (Attorney at Law), McDonough, for appellant.
    for defendant: Craig Webster (Attorney at Law), Tifton, for appellee.
    Case Number: A17A0722

    County school officials were entitled to official immunity in teacher's suit under 42 USC § 1983 alleging that they violated her First Amendment rights by disciplining her after she posted a particular comment on a social media website and the trial court thus erred in denying their motion for judgment on the pleadings.

  • Fazio v. The State

    Publication Date: 2017-11-10
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Lance Warren Tyler (Tyler Law Firm, LLC), Suwanee, for appellant.
    for defendant: Rosanna M. Szabo, Samuel Richard D'Entremont, Joelle M. Nazaire (Office of the Gwinnett County Solicitor General), Lawrenceville, for appellee.
    Case Number: S17A1020

    The Supreme Court affirmed defendant's DUI convictions, holding that the implied consent notice statute does not violate the constitutional prohibition of unreasonable searches and seizures and is not unconstitutionally misleading or coercive on its face in violation of due process.

  • Olevik v. The State

    Publication Date: 2017-11-07
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Lance Warren Tyler (Tyler Law Firm, LLC), Suwanee, for appellant.
    for defendant: Rosanna M. Szabo, Samuel Richard d'Entremont, Joelle M. Nazaire (Office of the Gwinnett County Solicitor General), Lawrenceville, for appellee.
    Case Number: S17A0738

    The Georgia Constitution's protection against compelled self-incrimination prohibits law enforcement from compelling a person suspected of DUI to blow their deep lung air into a breathalyzer.