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  • Mitchell v. The State

    Publication Date: 2017-10-17
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: Kevin McMurry (Assistant District Attorney), Newnan; Peter Skandalakis (District Attorney Coweta County District Attorney's Office), Lagrange, for appellee.
    Case Number: A17A2012

    The trial court properly imposed a felony sentence following defendant's conviction for family violence battery because defendant had a prior conviction for family violence battery and the rule of lenity did not apply.

  • In The Interest of A. C., a child.

    Publication Date: 2017-10-17
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Wade Krueger (Public Defender's Office), Valdosta, for appellant.
    for defendant: Joseph McKinnon (District Attorney's Office), Valdosta; J. Miller (District Attorney's Office, Southern Judicial Circuit), Moultrie; Jessica Clark (Assistant District Attorney), Valdosta; Bradfield Shealy (District Attorney Southern Judicial Circuit), Valdosta, for appellee.
    Case Number: A17A0788

    The evidence supported the juvenile court's adjudication of delinquency on one count of theft by receiving stolen property after an officer observed the juvenile running from a stolen vehicle.

  • Davis v. The State

    Publication Date: 2017-10-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Stephen Scarborough (Stephen R. Scarborough, P.C.), Atlanta, for appellant.
    for defendant: Elizabeth Baker (Clayton County District Attorney, Clayton County District Attorney's Office), Jonesboro; Tracy Lawson (District Attorney), Jonesboro; Kathryn Powers (Assistant District Attorney), Jonesboro, for appellee.
    Case Number: A17A1008

    The trial court did not abuse its discretion in allowing State to present evidence that defendant had previously infected another a person with HIV in his trial for two counts of reckless conduct in violation of O.C.G.A. 16-5-60 subsection (c) arising after he infected another with HIV.

  • Pittmon v. The State

    Publication Date: 2017-10-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: Bruce Harvey (Attorney at Law), Atlanta, for appellant.
    for defendant: Lee Darragh (District Attorney, NEJC of GA Northeastern Judicial Circuit), Gainesville; Shiv Sachdeva (Northeastern Circuit District Attorney), Gainsville; Laura Lukert (Northern Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: A17A0963

    The evidence supported defendant's convictions for battery, cruelty to children in the first degree and cruelty to children in the second degree after she burned a child in her care at a daycare center and failed to seek medical attention for him.

  • Diaz v. The State

    Publication Date: 2017-10-13
    Practice Area: Criminal Law | Immigration Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Stephen Reba (Attorney at Law), Atlanta, for appellant.
    for defendant: Andrea Alabi (Assistant District Attorney), Lawrenceville; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A17A1333

    Defendant could not show that he was prejudiced by his attorney's alleged deficiency in failing to properly inform him of the immigration consequences of pleading guilty to possession of a controlled substance and he, therefore, could not prove his ineffective assistance of counsel claim and the trial court properly denied his motion to withdraw his guilty plea.

  • Green v. The State

    Publication Date: 2017-10-12
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Thomas Hyman (Oconee Circuit Public Defenders Office), Cordele, for appellant.
    for defendant: Lauren Shurling (Chief Assistant District Attorney Oconee Judicial Circuit), Eastman; Timothy Vaughn (District Attorney Oconee Judicial Circuit), Eastman, for appellee.
    Case Number: A17A1017

    The evidence was sufficient to support defendant's convictions for four counts of theft by taking after he endorsed checks and misrepresented that the checks were actually payable to him and then deposited the checks into his bank account.

  • Simmons v. The State

    Publication Date: 2017-10-12
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: L. Jones (Eastern Circuit Public Defender's Office), Savannah; Jonathan Lockwood (Office of the Public Defender Brunswick Judicial Circuit), Jesup, for appellant.
    for defendant: George Barnhill (District Attorney District Attorney's Office); Michelle McIntire (Office of District Attorney - Waycross Judicial Circuit Assistant District Attorney), Waycross, for appellee.
    Case Number: A17A0712

    The evidence supported defendant's conviction for aggravated assault and criminal attempt to commit armed robbery, but the trial court erred in failing to merge the two convictions for sentencing purposes.

  • Turner v. The State

    Publication Date: 2017-10-12
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Lawrence Daniel (Attorney at Law), Atlanta, for appellant.
    for defendant: Brian Fortner (Douglas County District Attorney), Douglasville; David Emadi (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A17A1045

    The evidence supported defendant's conviction for first-degree homicide by vehicle after she "blacked out" and ran over the victim during an argument with the father of her children and his girlfriend.

  • Atkins v. The State

    Publication Date: 2017-10-11
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Ruth McMullin (McMullin LLC), Stone Mountain, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Arthur Walton (Assistant District Attorney), Atlanta, for appellee.
    Case Number: A17A1486

    The trial court applied the wrong standard when reviewing appellant's motion for new trial based on general grounds, and the Court thus vacated the denial of her motion for a new trial following her convictions for aggravated child molestation and child molestation.

  • Harris v. The State

    Publication Date: 2017-10-11
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Tobe Karrh (Office of the Public Defender), Swainsboro, for appellant.
    for defendant: Samuel Altman (District Attorney), Swainsboro; Tony May (Middle Judicial Circuit, Assistant District Attorney), Swainsboro, for appellee.
    Case Number: A17A0761

    Although the evidence supported defendant's convictions for aggravated assault and possession of a firearm by a convicted felon, the trial court erred in failing to charge the jury on the lesser included offense of reckless conduct as an alternative to aggravated assault with a deadly weapon; accordingly, the Court reversed the aggravated assault conviction and remanded for a new trial.