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  • Rawls v. The State

    Publication Date: 2022-05-05
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Brian Kammer, (Mercer Law School), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, Tasha Monique Mosley, Karen Smith Barbour, (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S22A0134

    Appeal From Denial of Motion For Copy of Trial Transcripts at Public Expense Was Moot

  • Cook v. The State

    Publication Date: 2022-04-14
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    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, Ross Warren Bergethon, William Wright Banks, Jr, Ashleigh Dene Headrick, Stephen John Petrany, (Department of Law), Atlanta, Oliver Jackson Browning, Jr., (Tallapoosa Judicial Circuit District Attorney's Office), Cedartown, for appellee; Jill Anderson Travis, (Georgia Association of Criminal Defense Lawyers), Decatur, Brandon A. Bullard, (The Bullard Firm, LLC), Atlanta, Greg Allen Willis, (Willis Law Firm), Atlanta, Joseph Scott Key, (Miller & Key, PA), McDonough, Peter J. Skandalakis, Robert Wright Smith, Jr., (Prosecuting Attorneys Council of Georgia), Morrow, James C. Bonner, Jr., (Georgia Public Defender Council), Atlanta, for Neutral Amicus.
    Case Number: S21A1270

    Criminal Defendant Alleging Deprivation of Right of Appeal Due to Ineffective Assistance of Counsel Must Seek Habeas Relief

  • Rutledge v. The State

    Publication Date: 2022-04-13
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Greg Howard Bell, (Greg Howard Bell, Attorney at Alw), Warner Robins, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, George Herbert Hartwig, (Houston County District Attorney's Office), Perry, for appellee.
    Case Number: S21A1036

    Criminal Defendant Alleging Deprivation of Right of Appeal Due to Ineffective Assistance of Counsel Must Seek Habeas Relief

  • Baker v. The State

    Publication Date: 2022-04-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Jacob Stidham, (Banks, Stubbs, & McFarland), Cumming, for appellant.
    for defendant: Adam Keller, William Finch, Jenna Murphy, (Forsyth County Solicitor General), Cumming, for appellee.
    Case Number: A21A1238

    Court reverses denial of defendant's motion for an out-of-time appeal where failure to file a timely appeal was due to ineffective assistance of counsel

  • The State v. Petty

    Publication Date: 2022-03-23
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jamie Inagawa, Joseph Myers, William Carter, (Fayette County Solicitor's Office Office of the Fayette County Solicitor-General), Fayetteville, for appellant.
    for defendant: David Ballard, (Ballard Law Office, LLC), Fayetteville, for appellee.
    Case Number: A21A1711

    Court dismisses an appeal of a trial court ruling on admission of certain evidence because it lacked jurisdiction to hear the appeal

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  • Harris v. The State

    Publication Date: 2022-03-17
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Blaise Harris, (Wilcox State Prison), Abbeville, for appellant.
    for defendant: Patsy Austin-Gatson, Tristan Gillespie, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A21A1764

    Trial Court Lacked Jurisdiction to Increase Sentences on Counts Which Defendants Had Already Begun Serving

  • Smith v. The State

    Publication Date: 2022-03-16
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Erik Smith, (Jenkins Correctional Facility), Millen, for appellant.
    for defendant: Louie Fraser, Leslie Ray, (Assistant District Attonrey Dublin Judicial Circuit), Dublin, for appellee.
    Case Number: A22A0181

    Trial Court Failed to Apply Correct Legal Analysis in Weighing Ineffective Assistance of Counsel Claims

  • Ware v. The State

    Publication Date: 2022-03-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Jermaine Ware, (Riverbend Correctional Facility), Milledgeville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Milledgeville, (Department of Law), Atlanta, Oliver Jackson Browning, Jr, (Tallapoosa Judicial Circuit District Attorney's Office), Cedartown, for appellee.
    Case Number: S22A0098

    Court vacates motion in arrest of judgment on a malice murder conviction and remands with directions to dismiss the motion as untimely.

  • Sanders v. The State

    Publication Date: 2022-03-02
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Robert E. Wilson, (Wilson, Morton & Downs, LLC), Decatur, R. Stephen Roberts, (R. Stephen Roberts, PC), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Tristan Wade Gillespie, Tasha Helen Pennant, Patsy A. Austin-Gatson, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S21A0983

    Trial Court Lacked Authority to Nolle Pros Indictment After Defendant Filed Notice of Appeal From Denial of Special Demurrer

  • Labbee v. The State

    Publication Date: 2022-03-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Monte Davis, (Attorney at Law), Roswell, for appellant.
    for defendant: Oliver Browning, (District Attorney), Cedartown, for appellee.
    Case Number: A22A0246

    Court affirms denial of defendant's plea in bar based on his constitutional right to a speedy trial