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  • The State v. Thomas

    Publication Date: 2021-05-24
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Lyndsey Hurst Rudder, Fani T. Willis, (Fulton County District Attorney's Office), Atlanta, for appellant.
    for defendant: Elizabeth Ann Brandenburg, Marcia Gail Shein, (Law Firm of Shein & Brandenburg), Decatur, Howard Jarrett Weintraub, Atlanta, Benjamin Black Alper, (The Law Offices of Howard J. Weintraub, P.C.), Atlanta, for appellee.
    Case Number: S21A0324

    Retrial Warranted Following Prosecution's Failure to Advise Defense of Agreement With Prosecution Witness

  • Outlaw v. The State

    Publication Date: 2021-05-21
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Maryann Faith Blend, (Maryann F. Blend, Esq., P.C.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Daniel J. Porter, Lee Franklin Tittsworth, (Gwinnett Circuit District Attorney's Office), Lawrenceville, Samuel Richard d'Entremont, (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S21A0305

    Use of Statements Made by Prisoner to His Girlfriend During Jailhouse Visit Did Not Violate His Miranda Rights

  • Anthony v. The State

    Publication Date: 2021-05-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Charles Henry Frier, Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Paul L. Howard, Jr, Stephany Julissa Luttrell, Lyndsey Hurst Rudder, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S21A0089

    Trial Counsel Not Ineffective For Conceding Guilt to Lesser Charges In Attempt to Avoid Guilty Verdict on Murder Charge

  • Pierre v. The State

    Publication Date: 2021-05-10
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jason McLendon, (McLendon Law Firm), Atlanta, for appellant.
    for defendant: Pamela Bettis, Adelle Petersen, (Office of the Solicitor-General of Henry County), McDonough, for appellee.
    Case Number: A21A0200

    Trial Counsel Not Ineffective For Failing to Object to Prosecutor's Commentary on Defendant's Silence During Police Interrogation

  • Harris v. The State

    Publication Date: 2021-05-10
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Stanley Schoolcraft, (Circuit Public Defender's Office), McDonough, for appellant.
    for defendant: Elizabeth Baker, (Griffin Judicial Circuit District Attorney Fayette County District Attorney's Office), Fayetteville, Marie Broder, (Spalding County District Attorney's Office), Griffin, for appellee.
    Case Number: A21A0365

    Trial Counsel Was Constitutionally Ineffective For Failing to Object to Hearsay Evidence of Shoplifting

  • Law Journal Press | Digital Book

    Florida Community Association Litigation: Homeowners’ Associations and Condominiums 2019

    Authors: Ron M. Campbell

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  • Thurman v. The State

    Publication Date: 2021-05-07
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Daniel Horne Petrey, (Dekalb County Public Defender's Office), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill, (Department of Law), Atlanta, Deborah D. Wellborn, Sherry Boston, Jason Matthew Rea, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S21A0392

    Trial Counsel Not Ineffective For Failing to Call Possible Alibi Witness Whose Whereabouts Were Unknown

  • Thomas v. The State

    Publication Date: 2021-05-07
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Charles Henry Frier, Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Fani T. Willis, Lyndsey Hurst Rudder, Burke Olivia Doherty, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S21A0422

    Trial Counsel's Decision to Withdraw Motion to Suppress Was Consistent With Trial Strategy of Self-Defense

  • Johnson v. The State

    Publication Date: 2021-04-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Brian C. Tevis, (Tevis Law Firm, LLC.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Paul L. Howard, Jr., Lyndsey Hurst Rudder, Mathew Eli Plott, (Office Of The Fulton County District Attorney), Atlanta, for appellee.
    Case Number: S21A0034

    No Double Jeopardy Where Properly Instructed Jury Might Have Found Prosecution Witness Was Not Accomplice

  • Moss v. The State

    Publication Date: 2021-04-12
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Andrew Santos Fleischman, Noah Howard Pines, (Ross & Pines, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Daniel Patrick Bibler, George Herbert Hartwig, (Houston County District Attorney's Office), Perry, for appellee.
    Case Number: S20A1520

    Trial Court Had Authority to Sentence Juvenile to Life Without Parole

  • Duke v. The State

    Publication Date: 2021-04-12
    Practice Area: Constitutional Law | Criminal Law
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Ashleigh Bartkus Merchant, John B. Merchant, III, (The Merchant Law Firm, P.C.), Marietta, John Sikes Gibbs, III, (Troutman Sanders LLP), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Clifford Paul Bowden, Jennifer Dawn Hart, (Tifton Judicial Circuit District Attorney's Office), Tifton, Bradford Lee Rigby, (Cordele Judicial Circuit District Attorney's Office), Cordele, for appellee. Patrick Mulvaney, (Southern Center For Human Rights), Atlanta, for Amicus Appellant.Robert Wright Smith, Jr., (Prosecuting Attorneys' Council of Georgia), Morrow, Shannon Glover Wallace, (Cherokee County District Attorney's Office), Canton, Kelly Jean Long Pridgen, Larry Wayne Ramsey, Jr., G. Joseph Scheuer, (Association County Commissioners of Georgia), Atlanta, for Amicus Appellee. Omotayo Bayonle Alli, (Georgia Public Defender Council Appellate Division), Atlanta, for Other Party.
    Case Number: S20A1522

    Indigent Criminal Defendant Private Pro Bono Counsel Was Entitled to State-Funded Experts and Investigators