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  • Robert Kyle Dougherty v. The State

    Publication Date: 2022-12-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Doug Patrick Smith, (Towaliga Circuit Public Defender), Forsyth, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Alex Martin Bernick, (Department of Law), Atlanta, Jonathan Lang Adams, Cynthia Trimboli Adams, Dorothy Vinson Hull, (Towaliga Circuit District Attorney’s Office), Forsyth, for appellee.
    Case Number: S22A0643

    Under Recent Georgia Supreme Court Authority, Motion For Out-Of-Time Appeal Had to be Dismissed

  • Drennon v. The State

    Publication Date: 2022-11-15
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Amanda Rourk Clark Palmer, (Garland, Samuel & Loeb P.C.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Emily Rebecca Polk, (Department of Law), Atlanta, Fani T. Willis, Kevin Christopher Armstrong, Virginia Lee Davis, Elizabeth Rosenwasser, (Fulton County District Attorney’s Office), Atlanta, Leslie Anna Coots, (Cobb County District Attorney’s Office), Marietta, Lyndsey Hurst Rudder, Savannah, for appellee.
    Case Number: S22A0511

    Trial Court Record Not Adequate For Review of Appellant's Claim of Denial of Right to Be Present During All of Trial

  • Buckner-Webb et al. v. The State

    Publication Date: 2022-10-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Stephen Randall Scarborough, (Office of the Public Defender), Atlanta, for appellant.
    for defendant: Lyndsey Hurst Rudder, Savannah, Kevin Christopher Armstrong, Fani T. Willis, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: S21G1281

    Court affirms denial of an attorney's right to withdraw representation because that interlocutory order is not appealable under the collateral order doctrine

  • McCullum v. The State

    Publication Date: 2022-10-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Janet McCullum, (Metro Transitional Center), Atlanta, for appellant.
    for defendant: Rodrigo Silva, William Kendall, (District Attorney’s Office, Houston Judicial Circuit), Perry, for appellee.
    Case Number: A22A1064

    Court vacates denial of a motion to correct a void sentence and remands for dismissal of motion because the sentencing court lacked subject matter jurisdiction over the motion

  • Garcia-Jarquin v. The State

    Publication Date: 2022-10-05
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Alex Martin Bernick, (Department of Law), Atlanta, Cliff Head, Shannon Glover Wallace, (Cherokee County District Attorney’s Office), Canton, for appellee.
    Case Number: S22A0727

    Conviction For Aggravated Assault Did Not Require Proof That Defendant Actually Pointed Gun at Victim

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Cole v. The State

    Publication Date: 2022-09-22
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Fani Willis, Elizabeth Rosenwasser, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: A23A0101

    No Direct Appeal Possible From Criminal Conviction AfterAnother, Unresolved Count Was Dead-Docketed

  • Phillips v. Jackson, Judge et al.

    Publication Date: 2022-08-31
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Peterson
    Attorneys: For plaintiff: Amanda K Johns, (City of Atlanta Public Defender’s Office), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Michael Christopher Wynter, Hermise Pierre, Christopher M. Carr, (Department of Law), Atlanta, Fani T. Willis, Lyndsey Hurst Rudder, Kevin Christopher Armstrong, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: S22A0503

    Court affirms denial of habeus petition to municipal court's decision because petitioner had another adequate remedy at law.

  • The State v. Walker

    Publication Date: 2022-08-02
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Carlton Hayes, Sara Grainger, David McElyea, Emily Labutta, (Cherokee County Solicitor-General’s Office), Canton, for appellant.
    for defendant: D. Sessions, (The Sessions Law Firm, LLC), Atlanta, for appellee.
    Case Number: A20A0544

    Court adopts Supreme Court holding that a dismissal of a criminal case for want of prosecution is not a barrier to re-prosecution, but statute of limitations still applies

  • Aaron v. The State

    Publication Date: 2022-06-29
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Sarah Timmers, (Atorney & Counsellor at Law), Marietta, for appellant.
    for defendant: John Edwards, Flynn Broady, Linda Dunikoski, (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: A22A0511

    Trial Court Followed Required Process in Determining That Originally-Submitted Transcript Was Non Incomplete

  • Harris v. The State

    Publication Date: 2022-06-24
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Leigh Stevens Schrope, Elizabeth Ann Brandenburg, (Law Firm of Shein & Brandenburg), Decatur, Benjamin A. Davis, Jr., Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, Fani T. Willis , Lyndsey Hurst Rudder , Richard Benjamin Caplan , (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S22A0414

    Any Error in Admitting Text Messages Sent To and From Phone Number Associated With Defendant Was Harmless