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  • Allen, Warden v. Daker

    Publication Date: 2021-06-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith, Matthew Blackwell Crowder, (Department of Law), Atlanta, for appellant.
    for defendant: Rodney Samuel Zell, (Zell & Zell, P.C.), Savannah, for appellee.
    Case Number: S21A0091

    Court affirms habeus order that a defendant was improperly denied a right to have appointed appellate counsel following his convictions for murder and other crimes.

  • Williams v. The State

    Publication Date: 2021-05-25
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Charles Jones, (Jones Appellate Law Practice, P.C.), Athens, for appellant.
    for defendant: Joshua Smith, Henry Syms, Jared Williams, (District Attorney's Office Augusta Judicial Circuit), Augusta, for appellee.
    Case Number: A21A0381

    Court affirms armed robbery and other convictions over defendant's contentions of per se prejudice allegedly resulting from an extended delay in his appeal rights

  • Murray v. The State

    Publication Date: 2021-04-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Paul Murray, (Dodge State Prison), Chester, for appellant.
    for defendant: Fani Willis, (The Law Offices of Fani T. Willis, LLC), Atlanta, Claude Rudder, (District Attorney), Atlanta, David Getachew-Smith, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A20A1692

    Court vacates denial of defendant's motion for an out-of-time appeal and remands for the trial court to hold an evidentiary hearing on claims of ineffective assistance

  • Finney v. The State

    Publication Date: 2021-03-24
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    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, Leslie Anna Coots, (Department of Law), Atlanta, Karl David Cooke, Sandra G. Matson, Dorothy Vinson Hull, Shelley T. Milton, (Macon Judicial Circuit District Attorney's Office), Macon, for appellee.
    Case Number: S20A1469

    Cumulative Effect of Trial Court's Instruction and Evidence Errors Required Reversal of Convictions

  • Schmeelk v. The State

    Publication Date: 2021-03-10
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Debra Jefferson, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Rebecca Drube, (Weissman Nowack Curry & Wilco PC), Atlanta, Sean Keenan, Sunshine Nasworthy, (Cruser Mitchell Novitz Sanchez Gaston & Zimet LLP), Norcross, for appellee.
    Case Number: A20A2018

    Court vacates denial of new trial motion and remands case for trial court's exercise of discretion as a thirteenth juror over a conviction for family-violence aggravated assault

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  • Martin v. The State

    Publication Date: 2021-02-26
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Howard Anderson, (Law Office of Howard W. Anderson, III, LLC), Pendleton, for appellant.
    for defendant: William Doupe, Steven Normandia, (District Attorney's Office for the Toombs Judicial Circuit), Thomson, for appellee.
    Case Number: A20A2008

    Criminal Appeal Filed Before Judgment Was Final Had to be Dismissed

  • Hall, Warden v. Jackson

    Publication Date: 2021-02-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Judge Nahmias
    Attorneys: For plaintiff: Ronald Edwards Daniels, (Daniels Law LLC), Eastman, Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith, (Department of Law), Atlanta, for appellant.
    for defendant: Stephen Elijah Brown-Bennett, (Taylor Lee & Associates, LLC), Norcross, for appellee.
    Case Number: S20A1574

    Court affirms habeus ruling that a defendant received ineffective assistance of appellate counsel due to conflict of interest and remands for a new appeal

  • Cooper v. The State

    Publication Date: 2021-02-18
    Practice Area: Civil Appeals | Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Garth Cooper, Decatur, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, (Attorney General), Atlanta, Emily Richardson, Donna Stribling, William Kemp, (DeKalb County Solicitor-General's Office), Decatur, Paula Smith, (Assistant Attorney General), Atlanta, for appellee.
    Case Number: A20A1946

    Pro Se Appellant's Brief Lacked Appropriate Citations to Record And Legal Authorities, Warranting Affirmance of Judgment

  • Jacobo v. The State

    Publication Date: 2021-02-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Daniel Morgan, (Attorney at Law), Rome, for appellant.
    for defendant: John McClellan, Leigh Patterson, (Assistant District Attorney), Rome, for appellee.
    Case Number: A20A2083

    Court affirms dismissal of defendant's extraordinary motion to withdraw a guilty plea where the trial court had no jurisdiction to consider that motion.

  • Boone v. The State

    Publication Date: 2021-01-13
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Odeirrek D. Boone, Alamo, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Meghan Hobbs Hill, Christopher M. Carr, (Department of Law), Atlanta, Paul L. Howard, Jr., Lyndsey Hurst Rudder, Richard Benjamin Caplan, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S21A0171

    Trial Court Erred in Denying Evidentiary Hearing After Defendant Claimed Trial Counsel Never Informed Him of His Right to Appeal