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  • Warbington v. The State

    Publication Date: 2018-05-21
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Jordan Warbington, Helena, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Daniel J. Porter, Tracie Hobbs Cason (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S18A0347

    The trial court denied defendant's meritless Motion for Jail-Credit Time when it should have dismissed the motion as a nullity; because the motion was a nullity, the Supreme Court dismissed defendant's appeal from the denial of the motion.

  • White v. The State

    Publication Date: 2018-05-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Chauntilia Khelice Adaway (Tifton Circuit Public Defender's Office), Tifton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta; Clifford Paul Bowden, Jennifer Dawn Hart (Tifton Judicial Circuit District Attorney's Office), Tifton, for appellee.
    Case Number: S18A0429

    Defense Counsel Not Ineffective for Failing to Call Witnesses Who Could Testify as to Contentious Relationship Between Defendant and Victim

  • Mitchell v. The State

    Publication Date: 2018-05-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: J. Converse Bright, Valdosta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Vanessa Therese Meyerhoefer, Christopher M. Carr (Department of Law), Atlanta; Jessica Whittington Clark, Bradfield M. Shealy (Southern Judicial Circuit District Attorney's Office), Valdosta, for appellee.
    Case Number: S18A0193

    Extensive Evidence Supported Defendant's Conviction for Murder, Assault, and Firearm Possession

  • Robinson v. The State

    Publication Date: 2018-04-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Margaret Elizabeth Heinen (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Rosemary M. Greene, Sharon Moyer Fox (Cherokee Judicial Circuit District Attorney's Office), Cartersville, for appellee.
    Case Number: S17A1903

    The evidence supported defendant's convictions for malice murder, two counts of felony murder, attempted armed robbery, possession of a firearm in commission of a felony and possession of a firearm by a convicted felon and there was ample evidence corroborating the accomplice's testimony.

  • Graves v. The State

    Publication Date: 2018-04-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Long Dai Vo, Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Anna Green Cross, Sherry Boston, Gerald Mason, (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S17A1709

    Any error in the trial court's decision to exclude alibi testimony based on the defense's failure to give notice under O.C.G.A. §17-16-5 (a) was harmless in light of the overwhelming evidence of guilt in defendant's trial for murder and related crimes.

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    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • City Of Union Point v. Greene County et al.

    Publication Date: 2018-04-25
    Practice Area: Constitutional Law | Government | Public Utilities
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Andrew Jackson Welch III, Warren Michael Tillery, Brandon Filson Palmer, (Smith, Welch, Webb & White, LLC), McDonough; M. Joseph Reitman Jr. (Smith, Welch, Webb & White, LLC), Madison, for appellant.
    for defendant: Christopher J. Hamilton, Kenneth Paul Robin, Angela Edwards Davis (Jarrard & Davis LLP), Cumming, for appellee. Barry Abbott Fleming, Frank Adam Nelson (Fleming & Nelson LLP), Evans; Edward Fowler Preston, Timothy Marzine Tanner, George T. Talley (Coleman Talley LLP), Valdosta; Sarah L. Crile, Christopher M. Carr, William Wright Banks Jr., Julie Adams Jacobs (Department of Law), for amicus appellant. Walter Gus Elliott II, James L. Elliott, William Gus Elliott II (Elliott Blackburn & Gooding PC), Valdosta; Rusi Chandrashkhar Patel (Georgia Municipal Association, Inc), Atlanta, for amicus appellee.
    Case Number: S17A1878

    The Court partially affirmed, partially reversed, and partially vacated the trial court's order in a dispute between a County and a City over who should pay for public services under the Service Delivery Strategy Act.

  • Nations v. The State

    Publication Date: 2018-04-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Juwayn Haddad (Haddad Law Group, LLC), Tucker, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Haase Brock (Department of Law), Atlanta; Paul L. Howard, Jr., David K. Getachew-Smith, Sr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1597

    The trial court did not plainly err in admitting into evidence defendant's prior armed robbery conviction in his murder trial because, pretermitting whether admission of the evidence amounted to clear or obvious error, defendant could not show that the admission of the evidence affected his substantial rights, in light of the strength of the evidence of his guilt.

  • Henderson v. The State

    Publication Date: 2018-04-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Sylvester Leon Henderson, Millen, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; Roberta Ann Earnhardt, Alisha Adams Johnson (Rockdale County District Attorney's Office), Conyers, for appellee.
    Case Number: S17A1785

    The Supreme Court dismissed defendant's pro se appeal from the order denying his Objection to Order Denying Defendants Motion for Disclosure Grand Jury Testimony and Evidence" because the remedy defendant sought was not legally cognizable.

  • Perez v. The State

    Publication Date: 2018-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Amy Lee Ihrig (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Matthew Breedon (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S17A1370

    The evidence supported defendant's convictions for malice murder and other crimes after he fatally shot his wife's lover and the trial court did not reversibly err in admitting a hearsay statement from the deceased victim, in light of the overwhelming evidence of defendant's guilt.

  • Morrison v. The State

    Publication Date: 2018-03-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Richard Morrison, Pelham, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Tracy K. Chapman, Bradfield M. Shealy, Michelle Thomas Harrison (Southern Judicial Circuit District Attorney's Office), Valdosta.
    Case Number: S17A1750

    The evidence supported defendant's malice murder conviction in connection with the death of his girlfriend and defendant failed to prove his several prosecutorial misconduct and ineffective assistance of counsel claims.