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  • Baker v. The State

    Publication Date: 2022-04-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Jacob Stidham, (Banks, Stubbs, & McFarland), Cumming, for appellant.
    for defendant: Adam Keller, William Finch, Jenna Murphy, (Forsyth County Solicitor General), Cumming, for appellee.
    Case Number: A21A1238

    Court reverses denial of defendant's motion for an out-of-time appeal where failure to file a timely appeal was due to ineffective assistance of counsel

  • The State v. Petty

    Publication Date: 2022-03-23
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jamie Inagawa, Joseph Myers, William Carter, (Fayette County Solicitor's Office Office of the Fayette County Solicitor-General), Fayetteville, for appellant.
    for defendant: David Ballard, (Ballard Law Office, LLC), Fayetteville, for appellee.
    Case Number: A21A1711

    Court dismisses an appeal of a trial court ruling on admission of certain evidence because it lacked jurisdiction to hear the appeal

  • Harris v. The State

    Publication Date: 2022-03-17
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Blaise Harris, (Wilcox State Prison), Abbeville, for appellant.
    for defendant: Patsy Austin-Gatson, Tristan Gillespie, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A21A1764

    Trial Court Lacked Jurisdiction to Increase Sentences on Counts Which Defendants Had Already Begun Serving

  • Smith v. The State

    Publication Date: 2022-03-16
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Erik Smith, (Jenkins Correctional Facility), Millen, for appellant.
    for defendant: Louie Fraser, Leslie Ray, (Assistant District Attonrey Dublin Judicial Circuit), Dublin, for appellee.
    Case Number: A22A0181

    Trial Court Failed to Apply Correct Legal Analysis in Weighing Ineffective Assistance of Counsel Claims

  • Ware v. The State

    Publication Date: 2022-03-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Jermaine Ware, (Riverbend Correctional Facility), Milledgeville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Milledgeville, (Department of Law), Atlanta, Oliver Jackson Browning, Jr, (Tallapoosa Judicial Circuit District Attorney's Office), Cedartown, for appellee.
    Case Number: S22A0098

    Court vacates motion in arrest of judgment on a malice murder conviction and remands with directions to dismiss the motion as untimely.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Sanders v. The State

    Publication Date: 2022-03-02
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Robert E. Wilson, (Wilson, Morton & Downs, LLC), Decatur, R. Stephen Roberts, (R. Stephen Roberts, PC), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Tristan Wade Gillespie, Tasha Helen Pennant, Patsy A. Austin-Gatson, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S21A0983

    Trial Court Lacked Authority to Nolle Pros Indictment After Defendant Filed Notice of Appeal From Denial of Special Demurrer

  • Labbee v. The State

    Publication Date: 2022-03-01
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Monte Davis, (Attorney at Law), Roswell, for appellant.
    for defendant: Oliver Browning, (District Attorney), Cedartown, for appellee.
    Case Number: A22A0246

    Court affirms denial of defendant's plea in bar based on his constitutional right to a speedy trial

  • Howard v. The State

    Publication Date: 2022-02-22
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Steven Phillips, Margaret Bullard, (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Fani Willis, Mathew Plott, (Office of the Fulton County District Attorney), Atlanta, for appellee.
    Case Number: A21A1618

    Court vacates an order dismissing a grant of an out-of-time appeal to a defendant, and vacates a conviction and sentence due to merger error.

  • Terrell v. The State

    Publication Date: 2022-02-17
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Sydney Rene Strickland, (Strickland Webster, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, William C. Enfinger, (Department of Law), Atlanta, Fani T. Willis, Kevin Christopher Armstrong, Lyndsey Hurst Rudder, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S21A0942

    No Showing That Appeal Delay Warranted New Trial

  • Donovan v. The State

    Publication Date: 2022-02-16
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Frances Kuo, Atlanta, for appellant.
    for defendant: Dixon Lackey, Herbert Poston, (Assistant District Attorney), Dalton, for appellee.
    Case Number: A21A1407

    Court vacates order denying pro se motion for a new trial because defendant did not knowingly, intelligently, and voluntarily waive his right to post-conviction counsel