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  • Jones v. The State

    Publication Date: 2021-11-09
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Timothy Craig Head, Jr., (Waycross Judicial Circuit Defender’s Office), Waycross, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, George Elemuel Barnhill, (Waycross Judicial Circuit District Attorney’s Office), Waycross, Joshua Timothy Brockington, (Waycross Judicial Circuit District Attorney’s Office), Jesup, for appellee.
    Case Number: S21A1014

    Right to Raise Issue on Appeal Was Waived After Trial Counsel Declined Trial Court's Offer to Give Curative Instruction

  • Tyson v. The State

    Publication Date: 2021-10-29
    Practice Area: Criminal Appeals | Criminal Law | Tax
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Boggs
    Attorneys: For plaintiff: Leigh Stevens Schrope, Elizabeth Ann Brandenburg, (Law Firm of Shein & Brandenburg), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Alex Martin Bernick, (Department of Law), Atlanta, David Parks White, (Northern Judicial Circuit District Attorney's Office), Hartwell, for appellee.
    Case Number: S21A0774

    Lack of Complete Transcription of Jury Voir Dire in Appeal Record Did Not Deprive Appellant of Due Process Rights

  • Mahdi v. The State

    Publication Date: 2021-10-15
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Mustafa Mahdi, (Rutledge State Prison), Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, (Department of Law), Atlanta, Christopher M. Carr, (Office of the Attorney General), Atlanta, Elizabeth A. Baker, (Fayette County District Attorney's Office), Fayetteville, Daniel A. Hiatt, (Griffin Judicial Circuit District Attorney's Office), Fayetteville, Marie Greene Broder, (Griffin Judicial Circuit District Attorney's Office), Thomaston, for appellee.
    Case Number: S21A0740

    Failure to Raise Attorney Ineffectiveness Claim in Motion For New Trial Precluded Raising Issue on Direct Appeal

  • Head v. The State

    Publication Date: 2021-10-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Clifford Kurlander, (Georgia Public Defender Council - Appellate Division Stone Mountain Conflict Defender Office), Decatur, for appellant.
    for defendant: Deborah Gonzalez, (Western Judicial Circuit, DA), Athens, Melissa Himes, (Brunswick Judicial Circuit), Jesup, for appellee.
    Case Number: A21A1053

    Court affirms denial of motion to file an out-of-time appeal to a negotiated guilty plea where defendant argued ineffective assistance of plea counsel

  • Cantrell v. The State

    Publication Date: 2021-10-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: James Luttrell, (Attorney at Law), Canton, for appellant.
    for defendant: Lee Darragh, (District Attorney, NEJC of GA), Gainesville, Shiv Sachdeva, (Northeastern Circuit District Attorney), Gainsville, for appellee.
    Case Number: A21A0828

    Court affirms denial of a motion to withdraw a guilty plea to attempted murder over defendant's claims of ineffective assistance and that her plea was not knowingly made

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    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Mobuary v. The State

    Publication Date: 2021-09-21
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Jason Darius Mobuary, (Johnson State Prison), Wrightsville, for appellant.
    for defendant: Paul L. Howard, Jr., Atlanta, Lyndsey Hurst Rudder, Marc A. Mallon, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S21G0167

    Certiorari Grant Appropriate To Demonstrate Tolling Effect of Statewide Judicial Covid Emergency Orders

  • Sims v. The State

    Publication Date: 2021-09-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: Stacey B. Sims, Oglethorpe, for Appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Michael Alexander Oldham, (Department of Law), Atlanta, Christopher M. Carr, (Office of the Attorney General), Atlanta, Patrick Warren, Bryce Alan Johnson, (Tift Judicial Circuit District Attorney's Office), Tifton, for appellee.
    Case Number: S21A0587

    Court affirms a trial court's dismissal of defendant's out-of-time motion to withdraw a guilty plea because the trial court lacked jurisdiction to hear that motion.

  • Flanders v. The State

    Publication Date: 2021-09-03
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Martha Hall, (Hall & Navarro, LLC), Statesboro, Robert Persse, Savannah, for appellant.
    for defendant: Richard Mallard, Keith McIntyre, Daphne Totten, Benjamin Edwards, (Chief Assistant District Attorney One Courtland Street), Stateboro, for Appellee.
    Case Number: A19A0908

    Court vacates trial court's denial of a defendant's Brady claim, which was denied on jurisdictional grounds, and remands for determination of that claim

  • Terry-Hall v. The State

    Publication Date: 2021-09-02
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Brandon Alexander Terry-Hall, Unadilla, for Appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Leslie Anna Coots, (Department of Law), Atlanta, Darius T. Pattillo, Sharon Lee Hopkins, (Flint Circuit District Attorney's Office), McDonough, for Appellee.
    Case Number: S21A0790

    Court affirms denial of defendant's motion for an out-of-time appeal to a guilty plea to felony murder and other offenses

  • The State v. Owens

    Publication Date: 2021-09-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Fani T. Willis, Lyndsey Hurst Rudder, Burke Olivia Doherty, (Fulton County District Attorney's Office), Atlanta, Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton, (Department of Law), Atlanta, for Appellant.
    for defendant: Lauren Beth Shubow, (Office of the Public Defender), Atlanta, for Appellee.
    Case Number: S21A0640

    Court reverses grant of a new trial in a felony murder case, finding no error by the trial court as toa verdict form, and vacates and remands one count for resentencing