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  • Gibbs v. The State

    Publication Date: 2018-05-09
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Forrest K. Shealy, Marietta, for appellant.
    for defendant: Michael Scott Carlson, Amelia Greeson Pray, D. Victor Reynolds, Jaret Teague Usher (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17G1343

    The Court of Appeals properly affirmed the trial courts denial of defendant's motion for new trial based on ineffective assistance of counsel, as he could not show a reasonable probability that the outcome of the trial would have been different absent trial counsel's alleged deficiencies, in light of the strong evidence of his guilt.

  • Lynn v. The State

    Publication Date: 2018-05-07
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Donald Samuel (Garland Samuel & Loeb PC), Atlanta, for appellant.
    for defendant: Michael Mahoney (Office of the District Attorney, Bell-Forsyth Judicial Circuit), Cumming, for appellee.
    Case Number: A17A2117

    The trial court reversibly erred in excluding certain testimony as hearsay, because the evidence was not hearsay, as it was not offered to prove the truth of the matter asserted but rather to show its effect on defendant's state of mind and its impact on his later actions; the evidence was relevant; and it was not cumulative of other admitted evidence.

  • The State v. Aduka

    Publication Date: 2018-04-30
    Practice Area: Criminal Appeals | Immigration Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Deborah D. Wellborn, Sherry Boston, Anna Green Cross (DeKalb County District Attorney's Office), Decatur, for appellant.
    for defendant: Akintunde A. Akinyele (Akinyele Law Firm LLC), Decatur; Akinwunmi Doherty (The Doherty Law Firm), Atlanta, for appellee.
    Case Number: S17A1717

    The Court reversed the grant of appellee's petition for a writ of habeas corpus, finding that the trial court erred in ruling that plea counsel was deficient in advising his noncitizen client that he could be deported, rather than informing him that he would be deported if he entered the plea in question, because the law was not succinct and straightforward at the time.

  • The State v. Hudson

    Publication Date: 2018-04-25
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Paul L. Howard Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellant.
    for defendant: Brandon Alexander Bullard (Georgia Public Defender Council), Atlanta, for appellee. Randee J. Waldman (The Barton Juvenile Defender Clinic), Atlanta, for amicus appellee.
    Case Number: S17G0739

    The trial court erred in reducing juvenile defendant's sentence for armed robbery because the discretion given to sentencing courts by O.C.G.A. § 49-4A-9 (e) is limited by the mandatory minimum sentence requirements of O.C.G.A. § 17-10-6.1; accordingly, the Supreme Court reversed the Court of Appeals judgment to the extent it affirmed that reduced sentence.

  • Reid v. The State

    Publication Date: 2018-04-23
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A17A1707

    The trial court erred in ruling that defendant was not entitled to an out-of-time appeal based on ineffective assistance of counsel because he had established prejudice in his prior appeal and he established deficient performance on remand to the trial court.

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  • Walsh v. The State

    Publication Date: 2018-04-16
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: George Chadwell Creal Jr., Atlanta, for appellant.
    for defendant: Donna Coleman Stribling, William Thomas Kemp III, Sherry Boston, Kenneth Tyler Edgerton (DeKalb County Solicitor General's Office), Decatur, for appellee.
    Case Number: S17G0884

    The Court of Appeals erred in reversing the trial court's grant of defendant's motion to suppress the results of a horizontal gaze nystagmus test in his DUI trial, as State failed to meet its foundational burden to show that the officer substantially performed the scientific procedures in an acceptable manner."

  • Henderson v. The State

    Publication Date: 2018-04-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Sylvester Leon Henderson, Millen, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; Roberta Ann Earnhardt, Alisha Adams Johnson (Rockdale County District Attorney's Office), Conyers, for appellee.
    Case Number: S17A1785

    The Supreme Court dismissed defendant's pro se appeal from the order denying his Objection to Order Denying Defendants Motion for Disclosure Grand Jury Testimony and Evidence" because the remedy defendant sought was not legally cognizable.

  • Doe v. The State

    Publication Date: 2018-04-11
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Jeffrey Robert Filipovits (Filipovits Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Richard Ashley Mallard, Keith A. McIntyre (Ogeechee Judicial Circuit District Attorney's Office), Statesboro, for appellee. Brenda Jean Smeeton, Michele Maria Young, Cory Isaacson (Georgia Justice Project), Atlanta; Nancy Rhinehart DeVetter (Georgia Legal Services), Savannah, for amicus appellant. Christopher M. Carr, Sarah Hawkins Warren (Department of Law), Atlanta, for amicus appellee.
    Case Number: S17A1694

    Because the appeal at issue did not invoke the Georgia Supreme Courts constitutional-question jurisdiction, the Court returned the appeal to the Court of Appeals.

  • Owens v. The State

    Publication Date: 2018-04-09
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: S17A1905

    The Georgia Supreme Court directed the Council of Superior Court Judges of Georgia to submit to the Court, no later than Sept. 17, 2018, a proposed Uniform Rule of Superior Court designed to address the issue of inordinate and unjustified delays between a defendant's trial and the direct appeal reaching the Court.

  • Byron v. The State

    Publication Date: 2018-04-05
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Michael Walter Gowen (Tifton Judicial Circuit Public Defender's Office), Tifton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Clifford Paul Bowden, Robert Alan Rogers, Jennifer Dawn Hart (Tifton Judicial Circuit District Attorney's Office), Tifton; Kevin Eugene Hutto (Office of the District Attorney), Tifton, for appellee.
    Case Number: S17A1555

    The evidence supported defendant's convictions for malice murder and other crimes arising from an argument in the parking lot of a club and defendant failed to prove his ineffective assistance of counsel claims.