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  • Stubbs v. Hall

    Publication Date: 2020-05-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Brian Kammer, Randall M. Edwards, (Mercer Law School), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Michael Alexander Oldham, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, George Herbert Hartwig, (Houston County District Attorney's Office), Perry, for appellee.
    Case Number: S19A1253

    Court affirms dismissal of defendant's late-filed habeas petition even though defendant was not informed of statutory filing deadline

  • Jones v. The State

    Publication Date: 2020-04-30
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Tracy Michelle Jones, Alto, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Karl David Cooke, Jr., Shelley T. Milton, (Macon Judicial Circuit District Attorney's Office), Macon, for appellee.
    Case Number: S20A0372

    Defendant Entitled to Hearing on Claim Trial Counsel's Ineffectiveness Frustrated Her Right to Appeal

  • Moore v. The State

    Publication Date: 2020-04-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Marcus Moore, (Riverbend Correctional Facility), Milledgeville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, Henry Wayne Syms, Jr., (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.
    Case Number: S20A0115

    Court reverses denial of motion for out-of-time appeal and remands case for a factual inquiry into the merits of the defendant's motion

  • State of Georgia v. White

    Publication Date: 2020-04-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Elizabeth Baker, (Fayette County District Attorney), Fayetteville, Sheryl Freeman, Charles Brooks, (Assistant District Attorney Harold R. Banke Justice Center), Jonesboro, John Fowler, (Clayton County District Attorney's Office), Jonesboro, Tracy Lawson, (District Attorney), Jonesboro, for appellant.
    for defendant: Fani Willis, (The Law Offices of Fani T. Willis, LLC), Atlanta, for appellee.
    Case Number: A19A1959

    Court dismisses State's appeal in a civil forfeiture action because it lacked jurisdiction over the matter

  • Danmond Slack v. The State

    Publication Date: 2020-04-13
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Christina Cribbs, Veronica O'Grady, (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Paul Howard, Marc Mallon, (Senior Assistant District Attorney), Atlanta, for appellee.
    Case Number: A19A2091

    Court affirms child molestation convictions but reverses child cruelty conviction due to ineffective assistance of counsel

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Rice v. The State

    Publication Date: 2020-04-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Lyndsey Hix, (Augusta Judicial Circuit Public Defender's Office), Augusta, for appellant.
    for defendant: Joshua Smith, Natalie Paine, (District Attorney's Office), Augusta, for appellee.
    Case Number: A19A1645

    Court reverses order denying defendant's motion to withdraw a guilty plea, and remands case for further proceedings

  • Jones v. The State

    Publication Date: 2020-03-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Quincy Jones, (Riverbend Correctional Facility), Milledgeville, for appellant.
    for defendant: Elizabeth Baker, John Fowler, (Clayton County District Attorney's Office), Jonesboro, Tasha Mosley, Charles Brooks, (Harold Banke Justice Center), Jonesboro, for appellee.
    Case Number: A20A0309

    Court vacates trial court's denial of defendant's motion for out-of-time appeal and remands for an evidentiary hearing on effectiveness of counsel

  • Bamberg v. The State

    Publication Date: 2020-03-27
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Rodney Samuel Zell, (Zell & Zell, P.C.), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Mark Samuel Lindemann, (Department of Law), Atlanta, Andrew J. Ekonomou, Jacquelyn Lee Johnson, Jan Kennedy, Thomas Edwars Buscemi, (Brunswick Judicial Circuit District Attorney's Office), Brunswick, for appellee.
    Case Number: S19A1052

    Court affirms convictions of mother and son for murder of the son's ex-wife over their challenges to evidence and alleged trial court error

  • Davis v. The State

    Publication Date: 2020-03-26
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Coomer
    Attorneys: For plaintiff: Ryan Locke, (Locke Law Firm, LLC), Atlanta, for appellant.
    for defendant: Jacquelyn Johnson, Thomas Buscemi, (District Attorney's Office, Brunswick Judicial Circuit), Brunswick, for appellee.
    Case Number: A19A1844

    Extraordinary Motion For New Trial Not Proper Method For Addressing Constitutional Claims

  • Brock v. The State

    Publication Date: 2020-03-26
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Dustin Land, (Bryan and Land, LLC), Ashburn, for appellant.
    for defendant: Christian Brown, Bradford Rigby, (District Attorney's Office of the Cordele Judicial), Cordele, for appellee.
    Case Number: A19A2037

    Prosecution Had Duty to Ensure Trial Transcript Was Created and Preserved Following Felony Conviction of Non-Indigent Defendant