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  • McAllister v. The State

    Publication Date: 2017-11-15
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Gerard Kleinrock (Attorney at Law), Decatur, for appellant.
    for defendant: Robert James (District Attorney), Decatur; Deborah Wellborn (Assistant District Attorney), Decatur, for appellee.
    Case Number: A17A1026

    The evidence supported defendant's convictions for aggravated stalking and criminal trespass after he broke into his former girlfriend's home, kissed her and crawled into her bed.

  • The State v. Crews

    Publication Date: 2017-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: George Barnhill (District Attorney), Waycross; Michelle McIntire (Office of District Attorney - Waycross Judicial Circuit Assistant District Attorney), Waycross, for appellant.
    for defendant: James McGee (McGee and McGee), Waycross, for appellee.
    Case Number: A17A0672

    The trial court erred in granting defendant's motion for new trial based on its finding that trial counsel was ineffective and that defendant's right to a fair trial was violated due to his legs being shackled during the trial.

  • Anglin v. The State

    Publication Date: 2017-11-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Ashleigh Bartkus Merchant, John B. Merchant III (The Merchant Law Firm, PC.), for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Michael Scott Carlson, D. Victor Reynolds (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17A1153

    The evidence supported defendant's convictions for felony murder and marijuana possession and the trial court did not abuse its discretion in allowing State to introduce evidence of defendant's alleged membership in a gang, as there was some evidence presented at trial to show that the charged crimes were motivated by gang membership.

  • Fazio v. The State

    Publication Date: 2017-11-10
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Lance Warren Tyler (Tyler Law Firm, LLC), Suwanee, for appellant.
    for defendant: Rosanna M. Szabo, Samuel Richard D'Entremont, Joelle M. Nazaire (Office of the Gwinnett County Solicitor General), Lawrenceville, for appellee.
    Case Number: S17A1020

    The Supreme Court affirmed defendant's DUI convictions, holding that the implied consent notice statute does not violate the constitutional prohibition of unreasonable searches and seizures and is not unconstitutionally misleading or coercive on its face in violation of due process.

  • Cannon v. The State

    Publication Date: 2017-11-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Dell Jackson, Decatur, 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: S17A1127

    The evidence supported defendant's convictions for felony murder and aggravated assault after he stabbed a man in the neck in a restaurant because he believed the man owed him money and defendant did not prove his ineffective assistance of counsel claims.

  • Glenn v. The State

    Publication Date: 2017-11-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Matthew K. Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Meghan Hobbs Hill, Christopher M. Carr (Department of Law), Atlanta; Lenny I. Krick, Sherry Boston, Anna Green Cross (Dekalb County District Attorneys Office), Decatur; Harry Steven Ruth (Office of the District Attorney), Decatur, for appellee.
    Case Number: S17A0858

    The Court affirmed defendant's murder conviction, finding that the trial court did not abuse its discretion in permitting lay witnesses to give testimony identifying defendant as one of the people in a surveillance video recording of the murder and robbery and the trial court did not err in denying defendant's motion to suppress evidence seized during the search of his sisters apartment.

  • Miller v. The State

    Publication Date: 2017-11-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Ramon Alvarado (Attorney at Law), Norcross, for appellant.
    for defendant: Stephanie Woodard (Solicitor General), Gainesville; Michael George (Hall County Solicitor General's Office), Gainesville, for appellee.
    Case Number: A17A0651

    In defendant's DUI trial, the trial court admitted defendant's prior DUI conviction for proper purposes, including that such evidence tended to show her knowledge of the effects of alcohol consumption on her driving and knowledge about the use of testing to determine impairment, and the trial court was authorized to find that the probative value of the evidence was not substantially outweighed by its prejudicial impact, despite the age of the prior DUI conviction.

  • Olevik v. The State

    Publication Date: 2017-11-07
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Lance Warren Tyler (Tyler Law Firm, LLC), Suwanee, for appellant.
    for defendant: Rosanna M. Szabo, Samuel Richard d'Entremont, Joelle M. Nazaire (Office of the Gwinnett County Solicitor General), Lawrenceville, for appellee.
    Case Number: S17A0738

    The Georgia Constitution's protection against compelled self-incrimination prohibits law enforcement from compelling a person suspected of DUI to blow their deep lung air into a breathalyzer.

  • Salazar-Balderas v. The State

    Publication Date: 2017-11-07
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Lynn Kleinrock (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Charissa Henrich (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A17A0819

    The trial court erred in refusing to give defendant's requested charge on defense of habitation in his trial on charges of serious injury by vehicle, reckless driving, failure to stop at or return to the scene of an accident, following too closely and driving without a license, and the Court, therefore, reversed his convictions.

  • Olsen v. The State

    Publication Date: 2017-11-07
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Donald Franklin Samuel, Amanda Rourk Clark Palmer (Garland, Samuel & Loeb, P.C.), Atlanta; Donald C. English (Southern States PBA, Inc.), McDonough, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Anna Green Cross, Christopher Wells Timmons, Sherry Boston, District Attorney (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S17A1014

    The trial court properly denied defendant's motion to dismiss the indictment against him for felony murder and other charges because the presence of non-lawyer and lawyer spectators during the presentation of evidence to the grand jury did not violate the recognized need for grand jury secrecy or compromise the grand jurys independence from outside influence and defendant failed to show that he was prejudiced by the presence of those individuals.