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  • Prophitt v. State

    Publication Date: 2016-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: J. Converse Bright, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Catherine Helms, and Jessica Clark, Assistant District Attorneys, Valdosta, for appellee.
    Case Number: A15A2400

    The evidence was insufficient to support the defendant's child molestation conviction arising after he crawled underneath his house and allegedly masturbated while he watched through a hole in the f

  • Bynes v. State

    Publication Date: 2016-05-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Barbara Lanier, Savannah, for appellant.
    for defendant: Margaret Heap, District Attorney, and Lyndsey Rudder District Attorney's Office, Savannah, for appellee.
    Case Number: A15A1974

    Although the evidence supported the defendant's convictions for armed robbery and harming a police dog, the trial court erred in imposing a greater sentence than that allowed by law on the convictio

  • Mathis v. State

    Publication Date: 2016-05-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Cecil Mathis, Waycross, proceeded pro se. Samuel Altman, District Attorney, and Tony May, Assistant District Attorney, Swainsboro, for appellee.
    for defendant:
    Case Number: A15A2292

    Recidivist sentencing is not allowed where a defendant has previous convictions for violating O.C.G.A. § 16-3-30 subsection i 1, simple possession of a counterfeit substance, or subsection j, mariju

  • Honester v. State

    Publication Date: 2016-04-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Robert Chan Public Defender's Office, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Joshua Smith, and Amanda Heath District Attorney's Office, Augusta, for appellee.
    Case Number: A15A2235

    The trial court abused its discretion in declaring a mistrial over the defendant's objection rather than giving the jury an Allen c

  • State v. Williams

    Publication Date: 2016-04-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Richard Mallard, District Attorney, and Keith Mclntyre, Chief Assistant District Attorney, Statesboro, for appellant.
    for defendant: Robert Persse Public Defender's Office, Savannah, for appellee.
    Case Number: A15A1858

    The officer had probable cause to arrest the defendant for obstruction after the defendant fled when the officer informed him that he was the suspect in a theft, and the trial court therefore erred

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    Lancaster County & Berks County Court Rules 2023

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  • State v. Miller

    Publication Date: 2016-03-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellant.
    for defendant: Dennis Francis, Atlanta, for appellees.
    Case Number: A15A1667; A15A1668; A15A1748

    The trial court abused its discretion and interfered with the State's right to prosecute criminal cases when it dismissed three criminal indictments at a probation revocation hearing without a lega

  • Roberson v. State

    Publication Date: 2016-03-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Brooke Ray Public Defender's Office, Augusta, for appellant.
    for defendant: Kellie McIntyre, Solicitor General, and Matthew Andrews Solicitor General's Office, Augusta, for appellee.
    Case Number: A15A1735

    The trial court's determination that the defendant was not indigent for the purpose of obtaining a transcript of her trial without charge was

  • State v. Tittle

    Publication Date: 2016-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Tasha Mosley, Solicitor General, Jonesboro, and Amanda Flora District Attorney's Office, McDonough, for appellant.
    for defendant: Keith Adams, Decatur, for appellee.
    Case Number: A15A1808

    The Georgia Evidence Code allows the State to introduce a defendant's prior DUI conviction as part of its case-in-chief in any DUI prosecution in which the accused refused to take the State-administ

  • Austin v. State

    Publication Date: 2016-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Jenny Carver Carver DeBord PC, Canton, for appellant.
    for defendant: Jessica Moss, Solicitor General, and David McElyea Solicitor General's Office, Canton, for appellee.
    Case Number: A15A1640

    The evidence showed that the defendant repeatedly returned to the victim's house, despite her admonitions to stop and a criminal trespass warning, and repeatedly sent the victim angry messages, whic

  • Dority v. State

    Publication Date: 2016-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Mark Jeffrey, Marietta, for appellant.
    for defendant: Brian Fortner, District Attorney, Thomas Kegley, and James Dooley, Assistant District Attorneys, Douglasville, for appellee.
    Case Number: A15A1192

    Comments a law enforcement officer makes during an interrogation that are designed to elicit a response from a suspect do not amount to opinion testimony when that interview is played during