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  • Morris v. The State

    Publication Date: 2018-04-04
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: John Walter Kraus (Office of the Public Defender), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Vanessa Therese Meyerhoefer, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Joshua Daniel Morrison (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1402

    The trial court did not plainly err in its jury instructions in defendant's murder trial in connection with the shooting death of his roommate.

  • Delevan v. The State

    Publication Date: 2018-03-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: David Clark, Lawrenceville, for appellant.
    for defendant: William Langley (District Attorney), Blairsville; Sidney Landreau (Enotah Judicial Circuit District Attorney), Blairsville, for appellee.
    Case Number: A17A1998

    The Court vacated the trial court's denial of defendant's motion for an out-of-time appeal following his convictions for DUI a related offenses and remanded to the trial court for appointment of a conflict-free counsel for defendant and a new hearing on the motion for an out-of-time appeal in order to determine who was at fault for failing to timely file the notice of appeal.

  • The State v. Harper

    Publication Date: 2018-03-20
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Sharell Fincher Lewis, Rebecca Holmes Liles Grist, Donyale Nicole Leslie (Bibb County Solicitor-General's Office), Macon, for appellant.
    for defendant: Andrew Charles Hall (Hall Hirsh Hughes LLC), Decatur, for appellee.
    Case Number: S17G0199

    The Supreme Court reversed the Court of Appeals' decision holding that defendant could not be found guilty of trespass under O.C.G.A. § 16-7-21 (b) (2) as a matter of law after he entered a residence through a locked door from the backyard without the homeowner's knowledge or permission, because the locked entry door to the homeowners residence provided reasonable and sufficiently explicit notice to defendant that entry into the residence was forbidden.

  • De La Cruz v. The State

    Publication Date: 2018-03-16
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Mary Terry Benton, Derin Bronson Dickerson, Francisco Gonzalez-Burgos, Tejas Surendra Patel, Kacy Brake, Emily Catherine Hootkins, Andrew J. Liebler, Andrew M. Brown (Alston & Bird LLP), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Mary Catherine Greaber, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; John Allen Lawson, Richard Lowery Perryman III (Alapaha Judicial Circuit District Attorney's Office), Nashville; Bianca Plair Goodman (Muscogee County Solicitor General's Office), Columbus, for appellee.
    Case Number: S17A1887

    21-Year Delay in Resolving Motion for New Trial Did Not Violate Defendant's Due Process Rights

  • Dent v. The State

    Publication Date: 2018-03-16
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Deborah Lorraine Leslie (The Leslie Group, LLC), Jonesboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Jason Matthew Rea (Department of Law), Atlanta; Elizabeth A. Baker, Tracy Graham Lawson (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A1641

    The evidence supported defendant's convictions for felony murder while in the commission of aggravated assault and possession of a firearm during the commission of a felony and the trial court did not reversibly err in declining to instruct the jury on the lesser included offense of voluntary manslaughter, as the evidence did not support such a charge.

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  • Kennedy v. Kohnle

    Publication Date: 2018-03-15
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, Christopher M. Carr (Department of Law), Atlanta, for appellant.
    for defendant: Macklyn A. Smith, Lawrenceville, for appellee.
    Case Number: S17A1419

    The habeas court erred in applying Alexander v. State, 297 Ga. 59 (2015) retroactively to find that plea counsel performed deficiently in failing to advise defendant that she would not be eligible for parole for 30 years if she pleaded guilty, as Alexander created a "new rule" and thus did not apply retroactively.

  • Malverty v. The State

    Publication Date: 2018-03-14
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Brian P. Malverty, Abbeville, 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, Michael V. Snow (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1468

    The trial court properly denied defendant's motion for an out-of-time appeal following his 1986 guilty plea to two counts of felony murder, as his claim that the indictment was defective could be resolved against him on the existing record and he thus was not entitled to a direct appeal on the issue.

  • Adams v. The State

    Publication Date: 2018-03-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Alvin Adams, III, Reidsville, for appellant.
    for defendant: Herbert McIntosh Poston, Jr. (Conasauga Judicial Circuit District Attorney's Office), Dalton; Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for appellee.
    Case Number: S17A1453

    The trial court properly denied defendant's motion to withdraw his guilty plea to charges of malice murder and armed robbery because the term of court in which defendant was sentenced had expired and the trial court thus lacked jurisdiction to grant the motion.

  • Roberts v. The State

    Publication Date: 2018-02-20
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: James Roberts, Pelham, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Kevin Armstrong (Office of the District Attorney), Atlanta, for appellee.
    Case Number: A17A1577

    The trial court erred in denying defendant's pauper's status without first holding a hearing on the question of indigence pursuant to O.C.G.A. § 9-15-2.

  • The State v. Williams

    Publication Date: 2018-02-08
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: William Callaway (Callaway Neville & Brinson), Claxton; Richard Mallard (District Attorney), Statesboro, Keith McIntyre (Chief Assistant District Attorney), Statesboro, for appellant.
    for defendant: Robert Persse (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: A15A1858

    The Court of Appeals remanded the case to the trial court for clarification on the specific findings that formed the basis for the trial court's legal conclusions with regard to its grant of defendant's motion to suppress the admission of a statement he made to police after his arrest for obstruction.