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  • Coverstone v. The State

    Publication Date: 2024-04-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Wallace Rogers, (Burns Law Group PC), Canton, for appellant.
    for defendant: Susan Treadaway, (Chief Assistant District Attorney), Marietta, Cliff Head, Damion Overstreet, (Assistant District Attorney Blue Ridge Judicial Circuit), Canton, for appellee.
    Case Number: A23A1619

    Court affirms denial of suppression of evidence seized during a warrantless vehicle search, finding probable cause based on the totality of circumstances amid legal CBD possession

  • Brantley v. The State

    Publication Date: 2024-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Calvin McMullen, (McMullen and Associates), Milledgeville, for appellant.
    for defendant: Tammy Coffey, (District Attorney’s Office Baldwin County), Milledgeville, Tuttle Barksdale, (Ocmulgee Circuit District Attorneys Office), Eatonton, Faith Worley, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A24A0036

    Court affirms child molestation convictions over defendant's multiple challenges regarding sufficiency and admission of evidence and jury charge errors

  • The State v. Gunsby

    Publication Date: 2024-04-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Sherry Boston, Thomas Williams, Joanna Helsby, (DeKalb County District Attorney’s Office), Decatur, for appellant.
    for defendant: Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, Jason McLendon, (McLendon Law Firm), Atlanta, for appellee.
    Case Number: A23A1444

    Court affirms orders suppressing evidence improperly obtained by police misrepresentations in an affidavit for a warrant, and denying defendant's motion to dismiss certain charges

  • Murphy v. The State

    Publication Date: 2024-04-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Sara Becker, (Sara Stewart Law Group), Atlanta, for appellant.
    for defendant: Elizabeth Racine, (Douglas County District Attorney), Douglasville, Aimee Sobhani, (DeKalb County Government-Law Department), Decatur, for appellee.
    Case Number: A23A1395

    Court affirms in part and vacates in part a trial court order revoking defendant's probation, and remands for evaluation of revocation based solely on proven violations

  • Whitfield v. The State

    Publication Date: 2024-04-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: David West, (David West & Associates), Marietta, for appellant.
    for defendant: Sherry Boston, Deborah Wellborn, (Dekalb County District Attorney), Decatur, for appellee.
    Case Number: A23A1621

    Court affirms convictions for sexual misconduct against a grandfather over his contentions of insufficient evidence and ineffective assistance of trial counsel

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  • Baker v. The State

    Publication Date: 2024-04-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Donald Franklin Samuel, (Garland, Samuel & Loeb, P.C.), Atlanta, James Travis Griffin, (Hogue Hogue Fitzgerald & Griffin, LLP), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Clint Christopher Malcolm, Ashleigh Dene Headrick, (Department of Law), Atlanta, George Herbert Hartwig, Rodrigo L. Silva, William Marshall Kendall, (Houston County District Attorney's Office), Perry, for appellee.
    Case Number: S23A0860

    Court reverses malice murder conviction due to admission into evidence of a rap music video showing the defendant with a gun, which the court deemed to be more prejudicial than probative

  • Madera v. The State

    Publication Date: 2024-04-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: David Russell Willingham, (Willingham Law Firm, P.C.), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Clint Christopher Malcolm, Meghan Hobbs Hill, (Department of Law), Atlanta, Linda Jeanne Dunikoski, Leslie Anna Coots, (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S24A0148

    Court affirms malice murder conviction over defendant's claims of trial court evidentiary errors and ineffective assistance of trial counsel

  • Jennings v. The State

    Publication Date: 2024-04-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Howard W Anderson, III, (Truluck Thomason LLC), Greenville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Clint Christopher Malcolm, Meghan Hobbs Hill, Faith Donnell Worley, (Department of Law), Atlanta, David Parks White, (Northern Judicial Circuit District Attorney's Office), Hartwell, Jeffrey Lee, (Office of the Elbert County District Attorney), Elberton, for appellee.
    Case Number: S24A0095

    Court affirms murder conviction and rejects defendant's challenges to admission of other acts and hearsay evidence, and contentions of ineffective assistance of counsel

  • McKinney v. The State

    Publication Date: 2024-04-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Peterson
    Attorneys: For plaintiff: Michael S. Katz, (Attorney at Law), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Rosenwasser, (Department of Law), Atlanta, Fani T. Willis, Kevin Christopher Armstrong, Alex Martin Bernick, Michael Scott Carlson, Bruce Patilloch Dutcher, Jayna Edwards, Adam Robert Abbate, (Fulton County District Attorney’s Office), Atlanta, Christopher David Sperry, (Clayton County District Attorney's Office), Jonesboro, for appellee; Christopher Mark DeNeve, (Gwinnett County District Attorney's Office), Lawrenceville, John Stuart Melvin, (Cobb County District Attorney’s Office), Marietta, Jeffrey T. Wennar, Tucson, for Amicus Appellee.
    Case Number: S23G0448

    Court affirms that admissibility of other acts evidence in cases involving the Street Gang Terrorism and Prevention Act are subject to the Rule 403 balancing test rather than a nexus to gang activity

  • Sinkfield v. The State

    Publication Date: 2024-04-01
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Boggs
    Attorneys: For plaintiff: David Allen Hoort, Frances C. Kuo, (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill, Chelsea Sharonlyn-Clyde Harvey, Sarah Jane Thomas, (Department of Law), Atlanta, Fani T. Willis, Charles Anthony Jones, Jr., Kevin Christopher Armstrong, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: S23A1201

    Court affirms convictions for felony murder and other crimes over defendant's claims of insufficient evidence, improper denial of a motion to suppress evidence, and ineffective assistance of counsel