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  • Tamayo v. The State

    Publication Date: 2024-05-31
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Forrest Shealy, (Attorney at Law), Marietta, for appellant.
    for defendant: Flynn Broady, Elizabeth York, (District Attorney Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A24A0534

    Court affirms convictions in child cruelty and battery case over defendant's challenges to his indictment and the constitutionality of a statute, and claims of ineffective assistance of counsel

  • Davis v. The State

    Publication Date: 2024-05-30
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Steven Miller, (Attorney at Law), Summerville, for appellant.
    for defendant: Anna Johnson, Samir Patel, Erle Newton, (Cherokee Judicial Circuit - District Attorney’s Office), Cartersville, for appellee.
    Case Number: A24A0533

    Court affirms conviction in child molestation case and rejects defendant's claim of ineffective assistance of counsel; over failure to object to jury's consideration of notes written by defendant

  • MCCloud v. The State

    Publication Date: 2024-05-30
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David West, (David West & Associates), Marietta, for appellant.
    for defendant: Patricia Brooks, Winder, James Smith, (District Attorney), Jefferson, Hannah McLear, (Barrow County Da’s Office), Winder, for appellee.
    Case Number: A24A0126

    Court affirms child abuse convictions and rejects defendant's challenges to circumstantial evidence and trial procedures, admission of certain evidence, and claims of ineffective assistance

  • Platt v. The State

    Publication Date: 2024-05-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Peterson
    Attorneys: For plaintiff: Amy Lee Copeland, (Rouse & Copeland, LLC), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Matthew Blackwell Crowder, Christopher M. Carr, (Department of Law), Atlanta, Billy Joe Nelson, Jr, Melissa Leigh Poole, (Atlantic Judicial Circuit District Attorney’s Office), Hinesville, for appellee.
    Case Number: S24A0399

    Court affirms murder conviction over defendant's contentions of prosecutorial misconduct and trial court failure to take curative actions

  • Ward v. The State

    Publication Date: 2024-05-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Katherine Morgan Mason, (Law Office of the Public Defender), Augusta, for appellant.
    for defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Ashleigh Dene Headrick, Christopher M. Carr, (Department of Law), Atlanta, Anthony Brett Williams, Matthew Wayne Rollins, (Paulding County District Attorney’s Office), Dallas, for appellee.
    Case Number: S24A0352

    Court affirms murder conviction over defendant's challenge to trial court's refusal to charge jury on voluntary manslaughter, denial of directed verdict and ineffective assistance of counsel

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  • Huber v. The State

    Publication Date: 2024-05-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Frances C. Kuo, (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Christopher M. Carr, (Department of Law), Atlanta, Cheryl Banks Hightower, Louie Craig Fraser, (Dublin Judicial Circuit District Attorney’s Office), Dublin, for appellee.
    Case Number: S24A0170

    Court affirms felony murder conviction over defendant's challenges to evidence and sufficiency of evidence, and ineffective assistance, where defendant was not the direct executor of the crime

  • Smith v. The State

    Publication Date: 2024-05-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Pinson
    Attorneys: For plaintiff: Daniel Horne Petrey, (Dekalb County Public Defender’s Office), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Sarah Jane Thomas, Elizabeth Haase Brock, Christopher M. Carr, (Department of Law), Atlanta, Deborah D. Wellborn, Sherry Boston, Ashley Cecelia O’Neal, Roderick B. Wilkerson, (Dekalb County District Attorney’s Office), Decatur, for appellee.
    Case Number: S24A0236

    Court affirms felony murder conviction and rejects defendant's claims that he should have been allowed to testify that he had PTSD, and that use of a military charge was improper impeachment

  • Powell v. The State

    Publication Date: 2024-05-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Thomas A. Withers, Sr., (Withers Law Firm PC), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Christopher M. Carr, (Department of Law), Atlanta, Charles Keith Higgins, (Brunswick Judicial Circuit District Attorney’s Office), Brunswick, Joseph Kenneth Mulholland, Moruf O. Oseni, (South Georgia Judicial Circuit District Attorney’s Office), Bainbridge, for appellee.
    Case Number: S24A0239

    Court reverses denial of general demurrer to indictments of former police officers for oath violations in a cased related to potential Brady violations and failures to investigate misconduct

  • Schmitt v. The State

    Publication Date: 2024-05-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Peterson
    Attorneys: For plaintiff: John Aspinwall Garland, Donald Franklin Samuel, Kristen Wright Novay, (Garland, Samuel & Loeb, P.C.), Atlanta, Matthew Kyle Winchester, (Law Offices of Matthew K. Winchester), Atlanta,for appellant.
    for defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Mary Catherine Norman, Elizabeth Haase Brock, Christopher M. Carr, (Department of Law), Atlanta, Fani T. Willis, Kevin Christopher Armstrong, Mario Kladis, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: S24A0036

    Court reverses convictions for malice murder and other crimes due to error in failing to instruct the jury on accident as a defense

  • Sconyers v. The State

    Publication Date: 2024-05-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Donald Franklin Samuel, (Garland, Samuel & Loeb, P.C.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Matthew Blackwell Crowder, Christopher M. Carr, (Department of Law), Atlanta, Bobby Lee Christine, Kevin Richard Majeska, (Columbia Judicial Circuit District Attorney’s Office), Evans, for appellee.
    Case Number: S24A0139

    Court affirms convictions in child murder case over defendant's challenges to evidence, jury instructions, and witness impeachment