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  • Nordahl v. The State

    Publication Date: 2018-03-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Bruce Harvey (Attorney at Law), Atlanta, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Bradley Malkin (Fulton County District Attorney's Off.), Atlanta; Marc Mallon (Senior Assistant District Attorney), Atlanta, for appellee.
    Case Number: A17A1360

    The trial court properly sentenced defendant as a recidivist under O.C.G.A. § 17-10-7 following his guilty plea to three counts of burglary, one count of criminal attempt to commit burglary and four counts of burglary in the first degree.

  • Loveless v. The State

    Publication Date: 2018-03-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Reid Kennedy (Attorney at Law), Marietta, for appellant.
    for defendant: John Edwards (District Attorney's Office, Cobb Judicial Circuit), Marietta; Shepard Orlow (Assistant District Attorney Cobb County District Attorney's Office), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A17A1728

    The trial court did not err in resentencing defendant on remittitur after concluding, sua sponte, that the sentence entered on defendant's conviction for trafficking in methamphetamine was void because he had been sentenced under the wrong [C]ode section.

  • The State v. Scott

    Publication Date: 2018-03-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: Jeffery Hunt (Assistant District Attorney Coweta Judicial Circuit), Carrollton; Douglas Vassy (Solicitor General Carroll County Courthouse), Carrollton; Christopher Keegan (Coweta Judicial Circuit District Attorney's Office), Carrollton, for appellant.
    for defendant: Jerry Pilgrim (The Pilgrim Law Group LLC), Villa Rica, for appellee. Gary Bergman (Prosecuting Attorneys' Council of Georgia), Morrow, for amicus curiae.
    Case Number: A17A2127

    The trial court erred in granting indictee's motion to quash the indictment against him, as he failed to carry his burden of showing that the evidence on which the indictment was returned was based on wholly incompetent evidence.

  • Cherry v. The State

    Publication Date: 2018-03-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Rafe Banks (Banks, Stubbs & McFarland, LLP), Cumming, for appellant.
    for defendant: William Finch (Solicitor General of Forsyth County), Cumming; Jeffrey Huong (Forsyth County Solicitor General Office), Cumming, for appellee.
    Case Number: A17A2085

    The trial court properly admitted evidence of defendant's refusal to submit to breath testing and evidence of his horizontal gaze nystagmus test in his trial for DUI.

  • Dent v. The State

    Publication Date: 2018-03-16
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Deborah Lorraine Leslie (The Leslie Group, LLC), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Jason Matthew Rea (Department of Law), Atlanta; Elizabeth A. Baker, Tracy Graham Lawson (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A1641

    The evidence supported defendant's convictions for felony murder while in the commission of aggravated assault and possession of a firearm during the commission of a felony and the trial court did not reversibly err in declining to instruct the jury on the lesser included offense of voluntary manslaughter, as the evidence did not support such a charge.

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  • Kemp v. The State

    Publication Date: 2018-03-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Konrad Gerhard Waldemar Ziegler, Christopher Ryan Lee (Lee & Ziegler, LLP), Canton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Matthew Min-soo Youn, Christopher M. Carr (Department of Law), Atlanta; Michael Scott Carlson, John Stuart Melvin, D. Victor Reynolds, John Richard Edwards (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17A1646

    The evidence supported defendants' convictions for malice murder and other crimes in connection with a planned robbery that turned fatal and the trial court properly admitted a former police informant's testimony about statements one of the defendants made to him while they were in jail together, as the former informant was not acting as a government agent at that time.

  • Leeks v. The State

    Publication Date: 2018-03-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Genevieve Holmes (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Paul L. Howard, Jr., Marc A. Mallon, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1585

    The trial court did not reversibly err in its jury charges in defendant's trial for malice murder and other charges stemming from the robbery and fatal shooting of a Fulton County convenience store clerk.

  • Norwood v. The State

    Publication Date: 2018-03-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Jackie Glenn Patterson (Patterson Firm, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; Kenneth W. Mauldin, Brian Vance Patterson (Western Judicial Circuit District Attorney's Office), Athens; David T. Lock, Savannah, for appellee.
    Case Number: S17A1354

    The trial court did not err in admitting two statements defendant made to law enforcement officers while recovering in the hospital after giving birth to a baby at home and then fatally stabbing the baby and attempting to hide the evidence.

  • Morrison v. The State

    Publication Date: 2018-03-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Richard Morrison, Pelham, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Tracy K. Chapman, Bradfield M. Shealy, Michelle Thomas Harrison (Southern Judicial Circuit District Attorney's Office), Valdosta.
    Case Number: S17A1750

    The evidence supported defendant's malice murder conviction in connection with the death of his girlfriend and defendant failed to prove his several prosecutorial misconduct and ineffective assistance of counsel claims.

  • Miller v. The State

    Publication Date: 2018-03-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Eric J Taylor (Office of the Public Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard, Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder, Marc A. Mallon (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1578

    The jury was authorized to find that the evidence, although circumstantial, was sufficient to exclude every other reasonable hypothesis save that of guilt in defendant's trial for malice murder and concealing the death of another in connection with the death of her ex-girlfriend.