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  • Eberhart v. The State

    Publication Date: 2019-12-19
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Sandra Louise Michaels, John Richard Martin, (Martin Brothers, P.C.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Katherine DeRosa Emerson, (Department of Law), Atlanta. Paul L. Howard, Jr., Lyndsey Hurst Rudder, F. McDonald Wakeford, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S19A0803

    Proof of Infliction of Intense Physical Pain Is Enough to Support a Finding of Serious Bodily Injury to Support an Aggravated Assault Conviction

  • Robert Ray Whipkey v. The State

    Publication Date: 2019-12-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Herman Kilgore, (Attorney at Law), Marietta, for appellant.
    for defendant: Susan Treadaway, Joyette Holmes, John Edwards, D. Reynolds, John Melvin, (Chief Assistant District Attorney Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A19A0897

    Court reverses trail court order that had vacated an earlier discharge order and that had adjudicated a defendant guilty of drug possession

  • Bell v. The State

    Publication Date: 2019-12-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McMillian
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Layla Zon, Jillian Hall, (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A19A1398

    Evidence Was Sufficient for a Trier of Fact to Find the Essential Elements of Aggravated Sodomy Beyond a Reasonable Doubt

  • Sosa v. The State

    Publication Date: 2019-12-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Cristobal Lara Sosa, Pelham, for appellant.
    for defendant: Elizabeth Baker, John Fowler, (Clayton County District Attorney's Office), Jonesboro, Tasha Mosley, Tracy Lawson, (District Attorney), Jonesboro, Charles Brooks, (Office of the Solicitor General of Clayton County), Jonesboro, for appellee.
    Case Number: A19A1149

    Court vacates order denying defendant's motion for an out-of-time appeal because trial court did not conduct an inquiry into claims of ineffective assistance of counsel

  • Green v. The State

    Publication Date: 2019-11-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A19A1122

    Court grants defendant's new trial motion after trial court erred by admitting prior acts evidence

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  • Chitwood v. The State

    Publication Date: 2019-11-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Kenneth Sheppard, (Attorney at Law), Smyrna, for appellant.
    for defendant: Christopher Arnt, Herbert Franklin, (Assistant District Attorney), Lafayette, for appellee.
    Case Number: A19A1247

    Evidence Was Insufficient to Sustain Two of Three Child Molestation Convictions, But Sufficient to Support Convictions for Aggravated Sexual Battery

  • Mitchum v. The State

    Publication Date: 2019-10-25
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Sarah L. Gerwig-Moore, Mathew Gilbo, Meagan Hurley, Ezra Addison Gantt, (Mercer Law School), Macon, Joseph Scott Key, (Miller & Key, PA), McDonough, Andrea Lynn Clark, Gabrielle Lynn Biggs, (Mercer Habeas Project), Macon, for appellant.
    for defendant: Billy Joe Nelson, Jr., John Thomas Durden, Jr., (Atlantic Judicial Circuit District Attorney's Office), Hinesville, Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton, (Department of Law), Atlanta, for appellee.
    Case Number: S19A0554

    Petition for habeus corpus and not an extraordinary motion for a new trial is the appropriate remedy for deprivation of a defendant's Constitutional rights

  • Pinkston v. The State

    Publication Date: 2019-10-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Benjamin Goldberg, (The Law Office of Ben Goldberg, LLC), Mableton, for appellant.
    for defendant: Joyette Holmes, Amelia Pray, D. Reynolds, John Melvin, (District Attorney's Office, Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A19A1390

    Statements Made to Officers by Minister, Who Was Convicted of Molestation, Were Not Involuntary

  • Powell v. The State

    Publication Date: 2019-10-17
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Cynthia Harrison, (Attorney at Law), Atlanta, for appellant.
    for defendant: Sherry Boston, Deborah Wellborn, (Dekalb County District Attorney), Decatur, for appellee.
    Case Number: A19A1091

    Appellant Failed to Show That There Was Insufficient Evidence to Support Armed Robbery Conviction

  • Cook v. The State

    Publication Date: 2019-10-15
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Ivars Lacis, Peachtree City, for appellant.
    for defendant: Benjamin Coker, Brittany Fallin, (Upson County District Attorney's Office), Thomaston, for appellee.
    Case Number: A19A1291

    Court vacates armed robbery conviction and remands case because trial court improperly applied the standard for a new trial.