• Leanos v. The State

    Publication Date: 2018-05-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Arturo Corso (The Corso Law Center LLC), Gainesville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Lee Darragh, Shiv Sachdeva (Northeastern Circuit District Attorney's Office), Columbus, for appellee.

    Case Number: S18A0528

    The evidence supported defendant's convictions for felony murder and other crimes in connection with the killing of a taxi driver.

  • Lanham v. The State

    Publication Date: 2018-05-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jessica Benjamin, Athens, for appellant.
    for defendant: Joshua Smith (District Attorney's Office Augusta Judicial Circuit), Augusta; Henry Syms (Office of the District Attorney), Augusta, for appellee.

    Case Number: A18A0644

    The Court affirmed defendant's rape conviction, holding that the trial court properly denied his motion for new trial because he failed to prove his ineffective assistance of counsel claims.

  • Colbert v. The State

    Publication Date: 2018-05-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Clark, Lawrenceville; Victoria Novak (Chattahoochee Judicial Circuit Public Defenders of), Columbus, for appellant.
    for defendant: Scott Ballard (District Attorney), Griffin; Benjamin Coker (District Attorney), Thomaston; Robert Smith (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.

    Case Number: A18A0361

    The Court affirmed defendant's convictions for two counts of armed robbery, one count of aggravated assault, two counts of possession of a firearm during the commission of a felony, one count of aggravated battery, and one count of hijacking a motor vehicle but vacated one aggravated assault count, as the trial court erred in failing to merge that count with one of the armed robbery counts, and thus remanded for resentencing.

  • Williams v. The State

    Publication Date: 2018-05-10
    Practice Area: Criminal Law | Evidence | Expert Witnesses
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Chaunda Brock (Brock Law LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Marc A. Mallon (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: S18A0001

    The trial court did not abuse its discretion in denying defendants motion to obtain funds for an expert witness in his murder trial arising from the death of his girlfriends 4-year-old son, as defendant did not provide sufficient information to allow the trial court to make an informed decision about his need for assistance.

  • Gibbs v. The State

    Publication Date: 2018-05-09
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Forrest K. Shealy, Marietta, for appellant.
    for defendant: Michael Scott Carlson, Amelia Greeson Pray, D. Victor Reynolds, Jaret Teague Usher (Cobb County District Attorney's Office), Marietta, for appellee.

    Case Number: S17G1343

    The Court of Appeals properly affirmed the trial courts denial of defendant's motion for new trial based on ineffective assistance of counsel, as he could not show a reasonable probability that the outcome of the trial would have been different absent trial counsel's alleged deficiencies, in light of the strong evidence of his guilt.

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Family Medical Leave Act 2014

    Authors: Michael D. Malfitano

    View this Book

    View more book results for the query "*"

  • Lynn v. The State

    Publication Date: 2018-05-07
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Donald Samuel (Garland Samuel & Loeb PC), Atlanta, for appellant.
    for defendant: Michael Mahoney (Office of the District Attorney, Bell-Forsyth Judicial Circuit), Cumming, for appellee.

    Case Number: A17A2117

    The trial court reversibly erred in excluding certain testimony as hearsay, because the evidence was not hearsay, as it was not offered to prove the truth of the matter asserted but rather to show its effect on defendant's state of mind and its impact on his later actions; the evidence was relevant; and it was not cumulative of other admitted evidence.

  • Canelas v. The State

    Publication Date: 2018-05-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Eric Crawford (Crawford and Boyle LLC), Monroe, for appellant.
    for defendant: Rosanna Szabo (Solicitor-General), Lawrenceville; Samuel D'Entremont (Gwinnett County Solicitor-General's Office), Lawrenceville; Nicole Wong (Gwinnett County Solicitor's Office), Lawrenceville, for appellee.

    Case Number: A18A0764

    The Court affirmed defendant's convictions for DUI-less safe and DUI per se following a single-vehicle motorcycle crash but reversed his conviction for driving without a valid license, as the evidence did not support that conviction.

  • Bourassa v. The State

    Publication Date: 2018-05-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Stephen Reba (Attorney at Law), Atlanta, for appellant.
    for defendant: Emily Richardson (Douglas County District Attorney's Office), Douglasville; Brian Fortner (Douglas County District Attorney), Douglasville; Bonnie Smith (Assistant District Attorney Douglas County Courthouse), Douglasville, for appellee.

    Case Number: A17A1602

    The trial court did not err in holding that defendant did not satisfy his burden of establishing standing to challenge the introduction of telephone calls law enforcement intercepted, as none of the targeted phone numbers belonged to or were associated with defendant and defendant did not offer or point to any testimony or other evidence that established that his voice could be heard in the recordings State sought to introduce.

  • 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.

  • Robinson v. The State

    Publication Date: 2018-04-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Margaret Elizabeth Heinen (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Rosemary M. Greene, Sharon Moyer Fox (Cherokee Judicial Circuit District Attorney's Office), Cartersville, for appellee.

    Case Number: S17A1903

    The evidence supported defendant's convictions for malice murder, two counts of felony murder, attempted armed robbery, possession of a firearm in commission of a felony and possession of a firearm by a convicted felon and there was ample evidence corroborating the accomplice's testimony.