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  • Smith v. The State

    Publication Date: 2018-01-03
    Practice Area: Criminal Law | Evidence | Judges
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Michael Wayne Tarleton (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Jeffery Wayne Hunt, Peter J. Skandalakis, Christopher R. Keegan (Coweta Judicial Circuit District Attorney's Office), Carrollton, for appellee.
    Case Number: S17A1757

    The trial court did not err in refusing to grant defendant's motions for mistrial during jury deliberations on the ground that notes from the jury showed that it was hopelessly deadlocked because the jury's statements did not indicate that it was deadlocked; considering the totality of the circumstances, the trial courts actions did not coerce the jurys verdicts.

  • Womac v. The State

    Publication Date: 2018-01-02
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Michael Robert McCarthy (Mike McCarthy, Criminal Defense Lawyer), Rocky Face, for appellant.
    for defendant: Herbert McIntosh Poston, Jr., Victoria Keely Parker, (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: S17A1385

    The Supreme Court affirmed defendant's convictions and sentences for aggravated sexual battery, child molestation, cruelty to children in the first degree and false imprisonment and found that his life sentence for aggravated sexual battery did not constitute cruel and unusual punishment in violation of the Georgia Constitution.

  • Smith v. The State

    Publication Date: 2017-12-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Jessica A. Seares, Nazish Altaf Ahmed (Atlanta Circuit Public Defender's Office), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston, Matthew Blackwell Crowder (Department of Law), Atlanta; Joshua Daniel Morrison, Paul L. Howard, Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1490

    The evidence supported defendant's convictions for felony murder and related offenses in connection with the shooting death of his wife and the trial court did not err in admitting hearsay statements about the couple's volatile history pursuant to the necessity exception.

  • Manner v. The State

    Publication Date: 2017-12-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Veronica M. O'Grady (GPDC Appellate Division), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Anna Green Cross, Lenny I. Krick, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S17A1519

    The trial court properly found that defendant was not entitled to a new trial based on ineffective assistance of counsel.

  • Donaldson v. The State

    Publication Date: 2017-12-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Darrell Brinnett Reynolds, Sr. (Darrell B. Reynolds, P.C.), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Elizabeth A. Baker, Tracy Graham Lawson, Elizabeth Rosenwasser Rosenwasser (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A1350

    Although the evidence supported defendant's convictions for felony murder and one count of firearm possession, the Supreme Court of Georgia vacated his convictions for aggravated assault and a second firearm possession count because the trial court should have merged those convictions into other counts.

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  • Carter v. The State

    Publication Date: 2017-12-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Jonathan P. Lockwood (Brunswick Judicial Circuit Public Defender's Office), Jesup, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-soo Youn (Department of Law), Atlanta; Andrew J. Ekonomou (The Lambros Firm, LLC), Atlanta; Jacquelyn Lee Johnson (Brunswick Judicial Circuit District Attorney's Office), Woodbine, for appellee.
    Case Number: S17A1412

    The evidence supported defendant's convictions for malice murder and other crimes after he shot his ex-girlfriend's 15-year-old son when the woman ended their relationship to devote more time to the child.

  • Bozzie v. The State

    Publication Date: 2017-12-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Micah Jay Gates (Office of the Public Defender for the Conasuaga Judicial Circuit), Dalton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Susan Alexandra Beck, Dalton; Herbert McIntosh Poston, Jr. (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: S17A1539

    The trial court did not plainly err in admitting photographs of the victiman in-life photograph and numerous photographs of his dead bodyand certain alleged hearsay statements in defendant's trial for malice murder and other crimes after he intentionally hit the victim with his truck, as admission of one in-life photograph did not affect the outcome of the trial given the strength of the evidence, the photographs of the victim's dead body were admissible and the alleged hearsay was cumulative of other evidence.

  • Anthony v. The State

    Publication Date: 2017-12-07
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Reid G. Kennedy (Law Offices of Kennedy and Kennedy), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; John Richard Edwards, D. Victor Reynolds (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17A0989

    The evidence, including eyewitness identification, supported defendant's convictions for malice murder and possession of a firearm during the commission of a crime and he failed to prove his ineffective assistance of counsel claims as, among other things, post-trial counsel's subsequent disbarment did not itself show ineffective assistance in defendant's particular case.

  • Blevins v. The State

    Publication Date: 2017-12-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0639

    The trial court did not abuse its discretion in admitting certain other acts evidence in a middle school band director's trial for enticing a child for indecent purposes and child molestation arising out of his interactions with a student.

  • Hodges v. The State

    Publication Date: 2017-12-01
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Wanda Sherelle Jackson (Wanda S. Jackson, PC), East Point, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Scott Orion Teague, Christopher M. Carr (Department of Law), Atlanta; Louie Craig Fraser, Kelli Maria Adams (Dublin Judicial Circuit District Attorney's Office), Dublin, for appellee.
    Case Number: S17A0711

    The evidence supported defendant's convictions for felony murder, armed robbery and aggravated assault but the Court vacated his sentence because the trial court erred in failing to merge his conviction for aggravated assault with a deadly weapon into his armed robbery conviction for sentencing purposes.