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  • Duncan v. The State

    Publication Date: 2018-07-24
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: John Strauss (Attorney at Law), Covington, for appellant.
    for defendant: Stephen Bradley (District Attorney Ocmulgee Judicial Circuit), Milledgeville; Jeff Burks (Ocumulgee Judicial Circuit District Attorney's Office), Madison, for appellee.
    Case Number: A18A0487

    Court Affirms Multiple Convictions for Possession

  • King v. The State

    Publication Date: 2018-07-23
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Michael Tarleton (The Appellate Division - GPDC), Atlanta, for appellant.
    for defendant: Sherry Boston (DeKalb County District Attorney), Decatur; Gerald Mason (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: A18A0182

    The trial court erroneously admitted evidence of defendant's prior conviction at his trial for aggravated child molestation and sexual battery and the Court thus reversed defendant's convictions and remanded for a new trial.

  • Meddings v. The State

    Publication Date: 2018-07-20
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Ronald Daniels (Daniels Law LLC), Perry, for appellant.
    for defendant: George Hartwig (District Attorney Houston Judicial Circuit), Perry; Alicia Gassett (Houston County Superior Court), Perry, for appellee.
    Case Number: A18A0422

    Seven-Year Delay in Resolving Convicted Defendant's Motion For New Trial Was Troubling But Not Prejudicial

  • Gadson v. The State

    Publication Date: 2018-07-13
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Tyler R. Conklin (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Arthur C. Walton, Arthur C. Walton (Fulton County Courthouse), Atlanta, for appellee.
    Case Number: S18A0123

    Murder defendant failed to show harm resulting from the trial court's error in failing to give a certain jury charge and thus failed to prove plain error.

  • Ballard v. The State

    Publication Date: 2018-07-10
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Rico Ballard, Jackson, 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, Kevin Christopher Armstrong (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0998

    The trial court should have dismissed, rather than denied, defendant's motion and amended motion in arrest of judgment following his convictions for murder and aggravated assault, as the trial court lacked jurisdiction to decide the untimely motions.

  • Law Journal Press | Digital Book

    Section 337 Investigations: Unfair Trade Practice Litigation Before the ITC

    Authors: Michael G. McManus, Rodney R. Sweetland, III

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  • Abrams v. Laughlin et al.

    Publication Date: 2018-07-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Joseph Scott Key, Kayci Nicole Dennis (Miller & Key PA), McDonough, for appellant.
    for defendant: Daniel Melvin King Jr., Franklin Daniel Miller (King Law Group), Dublin; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), for appellee.
    Case Number: S18A0594

    The trial court properly dismissed prisoner's petition for a writ of habeas corpus for failure to file within the time allowed by O.C.G.A. § 9-14-42 (c) (3).

  • Williams v. The State

    Publication Date: 2018-07-05
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Bernard Brody (Brody Law Firm), Atlanta, for appellant.
    for defendant: Cliff Head (Assistant District Attorney), Canton; Shannon Wallace (District Attorney), Canton; Zachary Smith (Cherokee County District Attorneys Office), Canton, for appellee.
    Case Number: A18A0279

    Prosecution Was Required to Prove Child's Lack of Consent to Establish Aggravated Sexual Battery

  • Earnest Ray White v. The State

    Publication Date: 2018-06-28
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Christina Cribbs (Georgia Public Defender Council), Atlanta; Clare Gilbert (Georgia Innocence Project), Decatur, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Joshua Smith (District Attorney's Office), Augusta; Natalie Paine (District Attorney), Augusta, for appellee.
    Case Number: A18A0214

    Trial Court Applied Wrong Standard in Denying Convicted Defendant's Motion For DNA Testing of Archived Evidence

  • Royster v. State of Georgia

    Publication Date: 2018-06-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Benjamin Goldberg (The Law Office of Ben Goldberg LLC), Mableton, for appellant.
    for defendant: Jennifer Hendee (Gwinnett District Attorney's Office), Lawrenceville; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A18A0467

    The trial court did not abuse its discretion in denying appellant's petition for release from the requirement that he be registered as a sex offender as a result of a 1993 conviction.

  • Clifton v. The State

    Publication Date: 2018-06-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: William Clifton, Pelham, for appellant.
    for defendant: Stephen Bradley (District Attorney, Ocmulgee Judicial Circuit), Milledgeville; Daniel Cochran (Ocmulgee Judicial Circuit), Monticello, for appellee.
    Case Number: A18A0746

    The Court dismissed defendant's appeal from the order rejecting his motion to withdraw his guilty plea, finding that it lacked jurisdiction over the appeal.