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  • Howard v. The State

    Publication Date: 2022-02-22
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Steven Phillips, Margaret Bullard, (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Fani Willis, Mathew Plott, (Office of the Fulton County District Attorney), Atlanta, for appellee.
    Case Number: A21A1618

    Court vacates an order dismissing a grant of an out-of-time appeal to a defendant, and vacates a conviction and sentence due to merger error.

  • Terrell v. The State

    Publication Date: 2022-02-17
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Sydney Rene Strickland, (Strickland Webster, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, William C. Enfinger, (Department of Law), Atlanta, Fani T. Willis, Kevin Christopher Armstrong, Lyndsey Hurst Rudder, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S21A0942

    No Showing That Appeal Delay Warranted New Trial

  • Donovan v. The State

    Publication Date: 2022-02-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Frances Kuo, Atlanta, for appellant.
    for defendant: Dixon Lackey, Herbert Poston, (Assistant District Attorney), Dalton, for appellee.
    Case Number: A21A1407

    Court vacates order denying pro se motion for a new trial because defendant did not knowingly, intelligently, and voluntarily waive his right to post-conviction counsel

  • Miles v. The State

    Publication Date: 2022-02-08
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Matthew Nestrud, (Georgia Public Defender Council - The Appellate Division), Atlanta, Grace Liu, (Georgia Public Defender Council Appellate Division), Athens, for appellant.
    for defendant: Joshua Smith, Jared Williams, (District Attorney's Office), Augusta, for appellee.
    Case Number: A21A1378

    Trial Court's Failure to Instruct on Lesser-Included Offense In Absence of Written Request Not Reversible Error

  • Bowen v. Noel

    Publication Date: 2022-02-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Paula Khristian Smith, Meghan Hobbs Hill, Christopher M. Carr, Patricia B. Attaway Burton, (Department of Law), Atlanta, for appellant.
    for defendant: Ashleigh Bartkus Merchant, John B. Merchant, III, (The Merchant Law Firm, P.C.), Marietta, for appellee.
    Case Number: S21A1133

    Court reverses grant of relief by habeus court, concluding that defendant had not carried his burden of showing ineffective assistance of appellate counsel

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    Lancaster County & Berks County Court Rules 2023

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  • Boone v. The State

    Publication Date: 2022-02-04
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Odeirrek D. Boone, (Wheeler Correctional Facility), Alamo, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Meghan Hobbs Hill, Christopher M. Carr, (Department of Law), Atlanta, Richard Benjamin Caplan, Lyndsey Hurst Rudder, Fani T. Willis, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S21A1065

    Court affirms denial of a motion for an out-of-time appeal to withdraw a guilty plea to malice murder because that remedy was not available to defendant at this juncture

  • Grimes v. The State

    Publication Date: 2022-01-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: William Mills, (William B. Mill, P.C.), Ringgold, for appellant.
    for defendant: Christopher Arnt, (District Attorney), Lafayette, for appellee.
    Case Number: A21A1440

    Court affirms convictions for aggravated sodomy and other crimes on procedural grounds that defendant waived, abandoned, or failed to preserve enumerations of error

  • Bowser v. The State

    Publication Date: 2022-01-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Calvin Bowser, Daly City, for appellant.
    for defendant: Flynn Broady, Samuel D'entremont, (District Attorney Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A21A1583

    Criminal defendant's pro se motion to appeal was a legal nullity because his counsel never submitted a petition to withdraw and defendant was still represented by counsel

  • Grullon v. The State

    Publication Date: 2021-12-30
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Stephen Elijah Brown-Bennett, (Taylor Lee & Associates, LLC), Norcross, for appellant.
    for defendant: Patsy A. Austin-Gatson, Norris S. Lewis, Jr., Christopher Mark DeNeve, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee; Michael Wayne Tarleton, (Tarleton Law, LLC), Atlanta, Clifford Louis Kurlander, (Gwinnett County District Attorney's Office), Lawrenceville, for Neutral Amicus.
    Case Number: S21G0485

    Defendant Did Not Affirmatively Waive Claim That Trial Court Gave Erroneous Instruction on Deliberate Ignorance

  • Schoicket v. The State

    Publication Date: 2021-12-02
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Clifford Louis Kurlander, (Georgia Public Defender Council Appellate Division), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Randal Matthew McGinley, Walter Cliff Howard, (Alcovy Judicial Circuit District Attorney’s Office), Monroe, for appellee.
    Case Number: S21A0840

    Grant of Out-of Time Appeal Did Not Automatically Entitle Defendant to Grant of Otherwise Untimely Motion to Withdraw Plea