• Woody v. The State

    Publication Date: 2020-12-03
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: James Smith, (Law Office of James W. Smith), Athens, for appellant.
    for defendant: David White, (District Attorney), Hartwell, Michael Coveney, (District Attorney's Office of the Northern Judicial Circuit), Danielsville, Mark Anadell, (Prosecuting Attorney's Council of Georgia), Danielsville, for appellee.

    Case Number: A20A1534

    No Double Jeopardy Where Trial Judge's Improper Communication With Witness Was Not Done With Intent to Abort Trial

  • Goins v. The State

    Publication Date: 2020-11-17
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Richard Carter Armond, (The Armond Firm, LLC), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Daniel J. Porter, Lee Franklin Tittsworth, Daryl E. Manns, Daniel Sanmiguel, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.

    Case Number: S20A0847

    Defendant Failed to Show That Police Detective Acted in Bad Faith in Failing to Preserve Evidence

  • Valles v. The State

    Publication Date: 2020-11-16
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Reese
    Attorneys: For plaintiff: Maryellen Simmons, (Chief Circuit Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: John Cranford, (Coweta Judicial Circuit), Newnan, Kenneth Kincaid, (Miles Hansford & Tallant, LLC), Cumming, for appellee.

    Case Number: A20A1465

    Mere Presence In Area Known For Illegal Activity Did Not Support Investigative Stop of Driver Who Had Broken No Laws

  • Gray v. The State

    Publication Date: 2020-11-09
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Donald Samuel, (Garland, Samuel & Loeb, P.C.), Atlanta, for appellant.
    for defendant: Sherry Boston, Jason Rea, (DeKalb County District Attorney's Office), Decatur, for appellee.

    Case Number: A20A1160

    Defense Counsel Offered Reasonable Explanations For Failing to Call Witnesses to Bolster Defendant's Self-Defense Theory

  • Patrick v. Andrews et al.

    Publication Date: 2020-10-28
    Practice Area: Civil Rights | Constitutional Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jordan Johnson, (Bernard & Johnson, LLC), Atlanta, for appellant.
    for defendant: Gary Morris, (Williams Morris & Waymire), Buford, for appellee.

    Case Number: A20A1039

    Court affirms summary judgment for sheriffs due to their qualified and official immunity on defendant's claims of violation of constitutional rights

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  • Griffin v. The State

    Publication Date: 2020-10-26
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Jessica Ruth Towne, David Edward Clark, (Clark & Towne, P.C.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill, (Department of Law), Atlanta, Penny Alane Penn, Michael Shawn Mahoney, (Forsyth County District Attorney's Office), Cumming, for appellee.

    Case Number: S20A0967

    Trial Counsel Offered Reasonable Tactical Explanation For Failing to Challenge Evidence of Defendant's Racism

  • State v. Davis

    Publication Date: 2020-10-21
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Lenny Krick, (Assistant District Attorney-Stone Mountain Judicial Circuit), Decatur, Sherry Boston, (Dekalb County District Attorney), Decatur, for appellant.
    for defendant: Anne Long, (Assistant Conflict Defender), Decatur, for appellee.

    Case Number: A20A1204

    Court affirms order suppressing evidence seized in an illegal search and seizure when police were not legally present on a defendant's property at the time of his arrest

  • Thomas v. The State

    Publication Date: 2020-10-19
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Donnelly, (Western Circuit Public Defender's Office), Athens, for appellant.
    for defendant: Jeffrey Kwiatkowski, Kenneth Mauldin, (Office of the District Attorney Western Judicial Circuit), Athens, for appellee.

    Case Number: A20A1536

    Revoking First Offender Status and Adjudicating Guilt Based on New Offenses Did Not Violate Double Jeopardy

  • Crews v. The State

    Publication Date: 2020-10-12
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Kurt Worthington, (Fleming & Nelson, LLP), Evans, for appellant.
    for defendant: Joshua Smith, Natalie Paine, Henry Syms, (Office of the District Attorney), Augusta, for appellee.

    Case Number: A20A1426

    Defendant Was Properly Informed That Rejecting Plea Offer Could Result in Lengthy Mandatory Prison Term

  • The State v. Abbott

    Publication Date: 2020-10-07
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Joshua Bradley Smith, Tyler McKenzie Gray, Natalie Spires Paine, (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellant.
    for defendant: Ricardo Bravo, (Law Offices of Ricardo Bravo, LLC), Augusta, Charles R. Sheppard, Evans, for appellee.

    Case Number: S20A0719

    Court vacates suppression order and remands case with direction to apply a correct standard to determine admissibility of a post-Miranda statement