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  • Greene v. The State

    Publication Date: 2018-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Amy Lee Ihrig (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Margaret Ellen Heap, Emily Catherine Puhala (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S17A1349

    The trial court did not reversibly err in admitting certain evidence in defendant's murder trial and the evidence supported his convictions.

  • Eller et al. v. The State

    Publication Date: 2018-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Matthew K. Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Aimee F. Sobhani, Christopher M. Carr (Department of Law), Atlanta; Rosemary M. Greene, Sharon Moyer Fox, Paula Khristian Smith, Elizabeth Marian York (Cherokee Judicial Circuit District Attorney's Office), Calhoun, for appellee.
    Case Number: S17A1549

    The evidence sufficiently supported a brother and sister's convictions for killing the sister's boyfriend and leaving his body in the back of his abandoned truck and although the trial court erred in allowing the alternate jurors to retire with the other jurors during deliberations, defendants failed to show that the error harmed them.

  • Douglas v. The State

    Publication Date: 2018-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Leon Hicks (Leon Hicks and Associates, P.C.), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Elizabeth A. Baker, Jay Marvin Jackson, Tracy Graham Lawson (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A1348

    Although the trial court properly denied defendant's motion to suppress certain evidence and did not reversibly err in admitting other evidence, the trial court did err in the sentences it imposed on defendant's convictions for malice murder and other offenses; accordingly, the Court affirmed the convictions but partially vacated the sentence and remanded for resentencing.

  • Perez v. The State

    Publication Date: 2018-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Amy Lee Ihrig (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Matthew Breedon (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S17A1370

    The evidence supported defendant's convictions for malice murder and other crimes after he fatally shot his wife's lover and the trial court did not reversibly err in admitting a hearsay statement from the deceased victim, in light of the overwhelming evidence of defendant's guilt.

  • Byron v. The State

    Publication Date: 2018-04-05
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Michael Walter Gowen (Tifton Judicial Circuit Public Defender's Office), Tifton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Clifford Paul Bowden, Robert Alan Rogers, Jennifer Dawn Hart (Tifton Judicial Circuit District Attorney's Office), Tifton; Kevin Eugene Hutto (Office of the District Attorney), Tifton, for appellee.
    Case Number: S17A1555

    The evidence supported defendant's convictions for malice murder and other crimes arising from an argument in the parking lot of a club and defendant failed to prove his ineffective assistance of counsel claims.

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  • Tanner v. The State

    Publication Date: 2018-04-04
    Practice Area: Criminal Law | Evidence | Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Teddy Lee Henley (Rome Circuit Public Defender's Office), Rome, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Herbert McIntosh Poston Jr. (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: S17A1417

    The evidence supported defendant's convictions for malice murder and other crimes and he failed to show any actual conflict of interest that adversely affected his lawyers performance in support of his argument that he was denied his Sixth Amendment right to conflict-free counsel at trial.

  • Morris v. The State

    Publication Date: 2018-04-04
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: John Walter Kraus (Office of the Public Defender), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Vanessa Therese Meyerhoefer, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Joshua Daniel Morrison (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1402

    The trial court did not plainly err in its jury instructions in defendant's murder trial in connection with the shooting death of his roommate.

  • Belcher v. State

    Publication Date: 2018-03-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Jeffrey Peil (Huggins Peil LLC), Evans, for appellant.
    for defendant: Randal McGinley (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A17A1982

    The evidence supported defendant's convictions for armed robbery, kidnapping with bodily injury, hijacking a motor vehicle, possession of a firearm during the commission of a felony, financial-transaction-card fraud, battery and possession of a firearm by a convicted felon during a crime and the trial court did not reversibly err in admitting certain evidence regarding a co-defendant's father's attempt to bribe the victim.

  • Frye v. The State

    Publication Date: 2018-03-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: Anne Allen (Assistant District Attorney), Carrollton; Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.
    Case Number: A17A1554

    The trial court did not abuse its discretion in excluding certain evidence defendant sought to admit in his trial for child molestation and aggravated sexual battery of his minor granddaughter because the proposed evidence did not comport with the narrow exception to Georgias Rape Shield statute.

  • Clary v. The State

    Publication Date: 2018-03-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jeffrey Peil (Huggins Peil LLC), Evans, for appellant.
    for defendant: David White (District Attorney), Hartwell; Meghan Bowden (Northern Judicial Circuit District Attorney's Office), Elberton, for appellee.
    Case Number: A17A1593

    The evidence supported defendant's convictions for two counts of first-degree arson, concealing the death of another and three counts of theft by bringing stolen property into the State and defense counsel was not deficient in failing to object to statements the prosecutor made during closing argument, as the statements were not improper.