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  • Hood v. The State

    Publication Date: 2020-09-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Jessica Ruth Towne, (Clark & Towne, P.C.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Alex Martin Bernick, (Department of Law), Atlanta, Daniel J. Porter, Lee Franklin Tittsworth, Daniel Sanmiguel, (Gwinnett County District Attorney's Office) Lawrenceville, for appellee.
    Case Number: S20A0725

    Trial Court Did Not Err in Ruling That Other-Acts Evidence Was Relevant to Felony Murder Defendant's Intent

  • Ringold v. The State

    Publication Date: 2020-08-31
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Daniel J. Porter, Lee Franklin Tittsworth, Daniel Sanmiguel, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S20A0580

    Trial court is ordered to dismiss a murder defendant's pro se motion to withdraw a guilty plea where defendant was still represented by counsel when he filed that motion

  • Frazier v. The State

    Publication Date: 2020-08-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Stanley W. Schoolcraft, (Office of the Public Defender), McDonough, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Meghan Hobbs Hill, Christopher M. Carr, (Department of Law), Atlanta, Paul L. Howard, Lyndsey Hurst Rudder, Mathew Eli Plott, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S20A0088

    Court affirms malice murder and other convictions over defendant's contentions of insufficient evidence, evidentiary error, and ineffective assistance of counsel

  • Stepp-McCommons v. The State

    Publication Date: 2020-08-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Frances C. Kuo, Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill, (Department of Law), Atlanta, Emily Kathleen Richardson, Sherry Boston, Destiny H. Bryant, Elizabeth Haase Brock, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S20A0254

    Evidence Supported Trial Court's Refusal to Instruct on Accident or Lesser Included Offenses

  • Glover v. The State

    Publication Date: 2020-07-14
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Robert Lawrence Persse, Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien, (Department of Law), Atlanta, Margaret Ellen Heap, Jerome M. Rothschild, Jr., Abigail Beth Long, (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S20A0133

    Prosecutor's Closing Argument Comment Regarding Defendant's Decision Not to Exercise Right to Silence Was Not Improper

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    New York Attorney Discipline: Practice and Procedure 2024

    Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager

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  • S&S Towing & Recovery, Ltd. et al. v. Charnota

    Publication Date: 2020-07-14
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Mason Bradley Rountree, (Rountree Law Firm), Dallas, for appellant.
    for defendant: Jack Edward Clay, (Jack Clay Law Firm, LLC), Marietta, Robert Wesley Starrett, (Starrett Law, LLC), Metairie, for appellee.
    Case Number: S20A0161

    Statute Providing That an Animal Running at Large in Violation of Local 'Leash Law' Is Considered 'Vicious' Does Not Violate Procedural Due Process

  • The State v. Pauldo

    Publication Date: 2020-07-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Cheryl Banks Hightower, Louie Craig Fraser, Robert Brandon Faircloth, (Dublin Judicial Circuit District Attorney's Office), Dublin, for appellant.
    for defendant: Nicole Fegan, (Fegan Law, LLC), Atlanta, Ryan Christopher Locke, (Locke Law Firm LLC), Atlanta, for appellee.
    Case Number: S20A0191

    Court Reverses Granting of Defendant's Motion in Limine to Exclude Portions of Custodial Interview With Police; Defendant Waived His Rights Before Further Interrogation Began

  • Stinchcomb v. The State

    Publication Date: 2020-06-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Leigh Stevens Schrope, Marcia Gail Shein, (Law Firm of Shein & Brandenburg), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Kevin Christopher Armstrong, Paul L. Howard, Jr., Stephany Julissa Luttrell, (Fulton County District Attorney's Office), Smyrna, for appellee.
    Case Number: S20A0355

    Trial Court Erred by Denying Appellant's Extraordinary Motion for a New Trial Without an Evidentiary Hearing

  • The State v. Heath

    Publication Date: 2020-06-29
    Practice Area: Civil Procedure | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Joshua Bradley Smith, Natalie Spires Paine, (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellant.
    for defendant: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellee.
    Case Number: S19G0967

    Court of Appeals Did Not Err in Holding That Trial Counsel's Failure to File a General Demurrer Resulted in Prejudice Under Strickland

  • Treadaway v. The State

    Publication Date: 2020-06-25
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Michael Wayne Tarleton, (Office of the Appellate Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Herbert E. Franklin, Jr., (Lookout Mountain Judicial Circuit District Attorney's Office), LaFayette, Michael J. Moeller, (Lookout Mountain Judicial Circuit District Attorney's Office), Ringgold, for appellee.
    Case Number: S20A0410

    Defendant Proximately Caused Husband's Death by Striking Him Repeatedly With Metal Broomstick