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  • Brown v. The State

    Publication Date: 2018-03-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: David Glenn Williams, Jr. (Western Judicial Circuit Public Defender's Office), Athens, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; David T. Lock, Savannah; Brian Vance Patterson (Western Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: S17A1582

    The Court reversed defendant's convictions for murder and related offenses because the trial court committed reversible error in admitting certain other acts evidence.

  • Benning v. The State

    Publication Date: 2018-03-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Teresa Doepke (Office of the Public Defender), Covington, for appellant.
    for defendant: Layla Zon (District Attorney), Covington; Tabitha Rogers (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A17A1761

    The Court affirmed defendant's convictions for several offenses stemming from a brutal assault on his live-in girlfriend, holding that the trial court did not abuse its discretion in admitting evidence of two prior sexual assaults at trial because the evidence was relevant to show defendant's intent and the probative value was not substantially outweighed by the danger of unfair prejudice.

  • Underwood v. The State

    Publication Date: 2018-03-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Justice Miller
    Attorneys: For plaintiff: James Mitchell (Attorney at Law), Augusta; Muneer Awad (Georgia Public Defenders Standard Council), Augusta; Alicia LeCroy (Office of the Public Defender - Augusta Judicial Circuit), Augusta, 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: A17A1768

    The Court affirmed defendant's convictions for two counts of child molestation for acts he committed against his step-granddaughter but vacated his sentence and remanded for resentencing because the trial court erred in failing to impose a split sentence as required by O.C.G.A. § 17-10-6.2 (b).

  • Wellstar Kennestone Hospital v. Roman

    Publication Date: 2018-02-28
    Practice Area: Civil Procedure | Damages | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Daniel Moriarty (Green Sapp & Moriarty LLP), Atlanta, for appellant.
    for defendant: Jonathan Adelman, Ashley Rice (Waldon Adelman Castilla Hiestand & Prout), Atlanta; William Baker (Worsham, Corsi, Scott, Knighten & Dobur), Atlanta, for appellee. Adam Long (Burrow & Associates LLC), Darrell Burrow (Attorney at Law), Duluth; Georgia Defense Lawyers Association ("GDLA"), Atlanta; Martin Levinson, William Martin (Hawkins Parnell Thackston & Young LLP), Atlanta, for other party. Matt Nasrallah (Robertson, Bodoh & Nasrallah, LLP), Marietta, for amicus curiae.
    Case Number: A17A1497

    The trial court did not abuse its discretion in denying non-party hospital's motion to modify a subpoena in a lawsuit arising out of an automobile collision.

  • Burke v. The State

    Publication Date: 2018-02-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Long Dai Vo, Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Michael Alexander Oldham, Christopher M. Carr (Department of Law), Atlanta; Anna Green Cross, Lenny I. Krick, Sherry Boston, Helen Virginia Peters (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S17A1495

    Because there was no evidence to support a finding of voluntary manslaughter, the trial court did not err in limiting the jurys consideration of voluntary manslaughter to a lesser offense of only malice murder, both in its oral instructions and on the verdict form, so that the jury had no option to consider the lesser offense in relation to the felony murder charge.

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  • Harris v. The State

    Publication Date: 2018-02-22
    Practice Area: Criminal Law | Evidence | Judges
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Eric C. Crawford (Crawford & Boyle, LLC), Monroe, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta; Layla Hinton Zon (Alcovy Judicial Circuit District Attorney's Office), Covington; Walter Cliff Howard (Alcovy Judicial Circuit District Attorney's Office), Monroe, for appellee.
    Case Number: S17A1938

    Defendant failed to show that the trial court reversibly erred in making a comment to a State's witness reminding him that he agreed to be credible, as defendant failed to establish that the error affected his substantial rights, given the strong evidence of guilt against him.

  • Norris v. The State

    Publication Date: 2018-02-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Long Dai Vo, Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta; Darius T. Pattillo, Blair Douglas Mahaffey (Flint Circuit District Attorneys Office), McDonough; Sharon Lee Hopkins (Henry County District Attorney's Office), McDonough, for appellee.
    Case Number: S17A1587

    The evidence sufficiently supported the trial courts determination that defendant knowingly and voluntarily waived his Miranda rights and gave his statements to police, even if he was intoxicated at the time as he later claimed.

  • Johnson v. The State

    Publication Date: 2018-02-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Patrick Ervin Chisholm (Office of the Public Defender), Bainbridge, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; Craig Edward Miller, Joseph Kenneth Mulholland, Moruf O. Oseni (South Georgia Judicial Circuit District Attorney's Office), Bainbridge, for appellee.
    Case Number: S17A1479

    The evidence was sufficient to support defendants' convictions arising from the shooting death of one of the defendant's wife's romantic partner and the trial courts finding that the prosecutors peremptory jury strikes were not racially motivated was not clearly erroneous.

  • Kaufman v. The State

    Publication Date: 2018-02-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Debra Jefferson (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Jessica Moss, Rachel Ashe (Cherokee County Solicitor Generals Office), Canton, for appellee.
    Case Number: A17A1881

    The evidence supported defendant's convictions for three counts of stalking, two counts of criminal trespass, five counts of engaging in harassing communications, 11 counts of criminal attempt to commit a misdemeanor by violation of a protective order and one count of violation of a protective order.

  • Pike v. The State

    Publication Date: 2018-02-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Judge Hines
    Attorneys: For plaintiff: Jeffrey L. Grube, Warner Robins, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-Soo Youn (Department of Law), Atlanta; Daniel Patrick Bibler, George Herbert Hartwig, III, Alicia Deck Gassett (Houston County District Attorney's Office), Perry, for appellee.
    Case Number: S17A1541

    The evidence, including evidence of venue, was sufficient to support defendant's convictions for malice murder and related crimes and the trial court did not abuse its discretion in admitting into evidence autopsy photographs of the victim and evidence of an armed robbery the defendant and victim committed together two days before the victim's murder.