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  • The State v. Stephens et al.

    Publication Date: 2020-01-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Gregory W. Edwards, Harold Ronald Moroz, Melinda April Wynne, (Dougherty County District Attorney's Office), Albany, appellant.
    for defendant: Ricky Daniel Collum, (The Collum Firm, P.C.), Moultrie, Ingrid Patrice Driskell, Albany, Troy Edward Golden, Alexander S. Merrill, (Dougherty Circuit Public Defender's Office), Albany, Johnny Wayne Knight, (John W. Knight, Attorney at Law), Albany, Sandra Anne Satchell, (Georgia Public Defender Office), Albany, Roberto Shawn Hoover, Douglasville, Benjamin David Harrell, (Harrell and Lewis, LLC), Camilla, for appellee.
    Case Number: S19A1079

    Court affirms denial of admission of deceased witness's testimonial statement because defendants had no opportunity to cross examine the witness

  • Mason v. The State

    Publication Date: 2020-01-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Gregory Crawford, (Attorney at Law), Savannah, appellant.
    for defendant: Margaret Heap, Burt Burton, (Eastern Judicial Circuit District Attorney's Office), Savannah, for appellee.
    Case Number: A19A2167

    Probable Cause Existed to Suspect Defendant of DUI; Court Properly Relied on Alcohol Odor Coming From Defendant's SUV

  • The State v. Richardson

    Publication Date: 2020-01-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Ryan Leonard, (District Attorney), Douglasville, Timothy Baywal, (Douglas County District Attorney's Office), Douglasville, for appellant.
    for defendant: James Luttrell, (Attorney at Law), Canton, for appellee.
    Case Number: A19A2326

    Car Hijacking Defendant's Self-Incriminating Statements Made to Police Before He Was Arrested and Mirandized Were Voluntarily Made

  • Denson v. The State

    Publication Date: 2020-01-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Richard C. Hagler, (Hagler, Jackson & Walters), Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Julia Anne Fessenden Slater, George Epps Lipscomb, (Chattahoochee Judicial Circuit District Attorney's Office), Columbus, Elizabeth Haase Brock, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S19A1396

    Identification Testimony, Although Not Corroborated by Physical Evidence, Was Sufficient to Support Malice Murder, Armed Robbery Convictions

  • Ballin v. The State

    Publication Date: 2020-01-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    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, Emily Kathleen Richardson, Deborah D. Wellborn, Sherry Boston, Elizabeth Haase Brock, Zina B. Gumbs, (Dekalb County District Attorney's Office), Decatur, Yolanda Rolland Mack, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S19A1087

    Court affirms murder conviction over defendant's evidentiary challenges

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  • Ramirez v. State

    Publication Date: 2020-01-17
    Practice Area: Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Gerard Bradley Kleinrock, (Office of the Public Defender), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Mark Samuel Lindemann, (Department of Law), Atlanta, Emily Kathleen Richardson, Lenny I. Krick, Sherry Boston, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S19A1504

    Trial Counsel Was Not Ineffective for Withdrawing a Request to Charge the Jury on Mutual Combat; Evidence Did Not Support a Mutual Combat Charge

  • Bullard v. The State

    Publication Date: 2020-01-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Jonathan Perry Waters, (Attorney at Law), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Michael Alexander Oldham, Christopher M. Carr, (Department of Law), Atlanta, Karl David Cooke, Jason Michael Martin, Shelley T. Milton, (Macon Judicial Circuit District Attorney's Office), Macon, for appellee.
    Case Number: S19A1017

    Court affirms murder and gang crimes convictions over defendant's challenges to sufficiency and use of evidence

  • Gebhardt v. The State

    Publication Date: 2020-01-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Jason Scott Johnston, (Virgil L. Brown & Associates), Zebulon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Katherine DeRosa Emerson, Christopher M. Carr, (Department of Law), Atlanta, Benjamin David Coker, Brittany Ashton Fallin, (Griffin Judicial Circuit District Attorney's Office), Griffin, Marc A. Mallon, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S19A1582

    Evidence at Trial Was Sufficient to Support Conviction of Malice Murder in Connection with Torture and Stabbing That Took Place in 1983

  • Carden v. Unifund CCR, LLC

    Publication Date: 2020-01-09
    Practice Area: Creditors' and Debtors' Rights | Evidence
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Sabrina Carden, Atlanta, for appellant.
    for defendant: Jacob Davis, Mark Moore, (Lazega Johanson LLC), Atlanta, for appellee.
    Case Number: A19A1946

    No summary judgment for successor in credit card debt collection case where that successor fails to show the chain of assignment of the debt

  • Jordan v. The State

    Publication Date: 2020-01-08
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Matthew Kyle Winchester, (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Vanessa Therese Sassano, Christopher M. Carr, (Department of Law), Atlanta, Bradford Lee Rigby, (Cordele Judicial Circuit District Attorney's Office), Cordele, for appellee.
    Case Number: S19A1226

    Trial Counsel Not Ineffective For Concluding Hearsay Testimony Was Admissible Under Co-Conspirator Exception