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  • McCurley v. The State

    Publication Date: 2018-06-20
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Ashleigh Merchant (The Merchant Law Firm PC), Marietta, for appellant.
    for defendant: Christopher Arnt (Assistant District Attorney), Lafayette; Herbert Franklin (District Attorney), Lafayette, for appellee.
    Case Number: A18A0471

    Trial Clerk's Testimony He Timely Mailed Copy of Order to Defendant Supported Denial of Motion To File Out-Of-Time Appeal

  • Moore v. The State

    Publication Date: 2018-06-18
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Carzell Moore, Trion, for appellant.
    for defendant: Jonathan Lang Adams (Towaliga Circuit District Attorney's Office), Jackson; Steven Chambless Ouzts (Towaliga Circuit District Attorney's Office), Forsyth; Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton (Department of Law), Atlanta, for appellee.
    Case Number: S18A0509

    The trial court properly rejected appellant's "Amended Motion for Out of Time Appeal" following his guilty pleas to rape and murder, as his attempt to amend the already-adjudicated motion was untimely.

  • Williams v. The State

    Publication Date: 2018-06-15
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Angela Brown (Moore Brown Law Group, PC.), Atlanta; Roberto Hoover (Conflict Defender's Office), Americus, for appellant.
    for defendant: Bradford Rigby (District Attorney's Office of the Cordele Judicial), Cordele; Whitney Bradford (Cordele Judicial Circuit District Attorney's Office), Cordele, for appellee.
    Case Number: A18A0206

    Defendant's Appeal Presented First Opportunity For Defendant to Raise Ineffective Assistance of Counsel Claim

  • Gordon v. Caldwell

    Publication Date: 2018-06-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Andre Gordon, Abbeville, for appellant.
    for defendant: Elizabeth Haase Brock, Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for appellee.
    Case Number: S18A0132

    The habeas court erred in ruling that certain claims alleged in appellant's petition for habeas corpus were foreclosed from habeas review.

  • Merrick v. The State

    Publication Date: 2018-06-06
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Beasley
    Attorneys: For plaintiff: Leon Hicks (Attorney at Law), Jonesboro, for appellant.
    for defendant: Stephen Putnam (Clayton County Solicitor Gen.), Jonesboro; Tasha Mosley (Solicitor General), Jonesboro, for appellee.
    Case Number: A18A0398

    Trial Court Could Not Rule on Motion to Withdraw Plea Filed After Conclusion of Term of Court at Which Plea Was Entered

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    Connecticut Landlord and Tenant Law with Forms Third Edition (2020)

    Authors: NOBLE F. ALLEN

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  • Ricks v. The State

    Publication Date: 2018-05-31
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Ashleigh Ricks, Hawkinsville, for appellant.
    for defendant: Stephen Andrew Bradley (Ocmulgee Judicial Circuit District Attorney's Office), Milledgeville; Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton (Department of Law), Atlanta, for appellee.
    Case Number: S18A0012

    Trial Court Lacked Jurisdiction to Rule On Motion for Out-Of-Time Appeal

  • Holt v. Ebinger

    Publication Date: 2018-05-30
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, Christopher M. Carr (Department of Law), Atlanta, for appellant.
    for defendant: William Randall Bassett Jr., Philip Robbins Green (King & Spalding LLP), Atlanta, for appellee. Paige Reese Whitaker (Fulton County District Attorney's Office), Atlanta, for other party.
    Case Number: S18A0052

    The habeas court erred in granting habeas relief to petitioner because his failure to complete the record with relevant evidence from the trial proceedings was fatal to all of the claims for which he was granted relief.

  • In The Interest Of K.S., A Child.

    Publication Date: 2018-05-30
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: James John Anagnostakis (Anagnostakis Law Group), Douglasville, for appellant.
    for defendant: Kristi Lee Winstead Wilson, Brian Keith Fortner, Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S17G1344

    Decisions Regarding Transfer of Juveniles to Superior Court Are Directly Appealable to Court of Appeals

  • Usher v. The State

    Publication Date: 2018-05-24
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Johnny O'Neal Usher, Nicholls, for appellant.
    for defendant: Layla Hinton Zon, Shaun Joseph Foley (Alcovy Judicial Circuit District Attorney's Office), Covington; Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for appellee.
    Case Number: S18A0274

    Defendant Seeking Out-of-Time Appeal Failed To Show Any Claims of Error Would Be Resolved In His Favor

  • Warbington v. The State

    Publication Date: 2018-05-21
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Jordan Warbington, Helena, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Daniel J. Porter, Tracie Hobbs Cason (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S18A0347

    The trial court denied defendant's meritless Motion for Jail-Credit Time when it should have dismissed the motion as a nullity; because the motion was a nullity, the Supreme Court dismissed defendant's appeal from the denial of the motion.