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  • Clark v. The State

    Publication Date: 2024-04-16
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Amara Montgomery, (Rockdale County Public Defenders Office), Conyers, for appellant.
    for defendant: Darius Pattillo, Sharon Hopkins, (Henry County Courthouse 2nd Floor), McDonough, for appellee.
    Case Number: A23A1690

    Court affirms denial of a motion for early probation termination under OCGA § 17-10-1 (a) (1) (B), citing statute's directory nature and deference to trial court's judicial discretion

  • Green v. The State

    Publication Date: 2024-04-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Kathleen Anderson, (Attorney at Law), Winder, for appellant.
    for defendant: James Smith, (District Attorney), Jefferson, Andrew Brill, (Barrow County District Attorney’s Office), Winder, Rome, for appellee.
    Case Number: A23A1683

    Court affirms defendant's conviction for attempted kidnapping but reverses convictions for attempt to entice a child and simple assault due to insufficient evidence

  • Logan v. The State

    Publication Date: 2024-04-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Thomas Withers, (Withers Law Firm PC), Savannah, for appellant.
    for defendant: Matthew Breedon, Daphne Totten, (Ogeechee Judicial Circuit District Attorney), Springfield, for appellee.
    Case Number: A23A1661

    Court affirms re-indictment of pharmacist on drug charges, denying his challenges based on double jeopardy and statute of limitations, and rejecting claims of prosecutorial misconduct

  • Olsen v. The State

    Publication Date: 2024-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Amanda Clark Palmer, Donald Samuel, (Garland, Samuel & Loeb PC), Atlanta, for appellant.
    for defendant: C. Cross, Sherry Boston, (DeKalb County District Attorney’s Office DeKalb County Courthouse), Decatur, Lenny Krick, (Assistant District Attorney-Stone Mountain Judicial Circuit), Decatur, for appellee.
    Case Number: A23A1506

    Court reverses police officer's conviction related to use of force policy in a case involving a fatal shooting, but notes that officer may be retried for aggravated assault

  • Grant v. The State

    Publication Date: 2024-04-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: William Hewitt, (Appellate Attorney GPDC), Savannah, for appellant.
    for defendant: Joe Skeens, Billy Nelson, (Office of the District Attorney for the Atlantic Judicial Circuit), Hinesville, for appellee.
    Case Number: A23A1575

    Court affirms convictions for armed robbery and firearm possession over defendant's challenges to sufficiency of evidence, highlighting eyewitness testimony and legal standards on weapon apprehension

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Farmer v. The State

    Publication Date: 2024-04-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Rahmaan Bowick, (Augusta Circuit Public Defender’s Office), Augusta, Jay Kim, (Georgia Public Defender Council), Augusta, for appellant.
    for defendant: Joshua Smith, Larry Smith, Jared Williams, (District Attorney’s Office Augusta Judicial Circuit), Augusta, for appellee.
    Case Number: A23A1677

    Court reverses denial of motion to suppress evidence in a burglary case, highlighting the limits of police authority in encounters and searches

  • Rutherford v. The State

    Publication Date: 2024-04-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: William Hewitt, (Appellate Attorney GPDC), Savannah, for appellant.
    for defendant: John Fitzner, (Middle Judicial Circuit), Atlanta, Jessica Wilson, (District Attorney’s Office, Middle Judicial Circuit), Lyons, for appellee.
    Case Number: A23A1516

    Court affirms multiple convictions against defendant for assault and rape against his estranged wife, citing substantial evidence and rejecting claims of error and ineffective counsel

  • State v. De La Paz

    Publication Date: 2024-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Carlton Hayes, David McElyea, (Cherokee County Solicitor-General’s Office), Canton, for appellant.
    for defendant: Jeffery Dickerson, (Attorney at Law), Kennesaw, for appellee.
    Case Number: A23A1769

    Court affirms suppression of drug test results because an underlying warrant was specifically limited to alcohol testing with no mention of testing for drugs

  • Lovell v. The State

    Publication Date: 2024-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Kevin Gough, (Attorney at Law), Brunswick, for appellant.
    for defendant: Charles Higgins, (District Attorney’s Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney’s Office, Brunswick Judicial Circuit), Kingsland, for appellee.
    Case Number: A23A1484

    Court affirms denial of defendant's request to present additional mitigating evidence on resentencing for obscene Internet contact with a child and related crimes

  • Coverstone v. The State

    Publication Date: 2024-04-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Wallace Rogers, (Burns Law Group PC), Canton, for appellant.
    for defendant: Susan Treadaway, (Chief Assistant District Attorney), Marietta, Cliff Head, Damion Overstreet, (Assistant District Attorney Blue Ridge Judicial Circuit), Canton, for appellee.
    Case Number: A23A1619

    Court affirms denial of suppression of evidence seized during a warrantless vehicle search, finding probable cause based on the totality of circumstances amid legal CBD possession