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  • Moran v. The State

    Publication Date: 2017-10-25
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Benham
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Lee Darragh, Shiv Sachdeva (Northeastern Circuit District Attorney's Office), Gainesville, for appellee.
    Case Number: S17A0967

    The evidence supported defendant's convictions for malice murder and related crimes and the trial court did not err in admitting photographs of text messages on defendant's cell phone, as defendant had executed a Fourth Amendment waiver as a condition of her probation for other crimes and there was reasonable suspicion that defendant was involved in a murder.

  • Williams v. The State

    Publication Date: 2017-10-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Peterson
    Attorneys: For plaintiff: Wallace Carter Clayton II (Jones, Morrison & Womack, PC.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Michael Alexander Oldham, Christopher M. Carr (Department of Law), Atlanta; Michael Scott Carlson, D. Victor Reynolds (Cobb County District Attorney's Office), Marietta; Gregg M. Jacobson (Chamberlain, Hrdlicka, White, Williams and Aughtry), Atlanta, for appellee.
    Case Number: S17A0764

    The evidence supported defendant's conviction for the malice murder of his wife and any error in the trial court's decisions to admit evidence of defendant's prior bad acts and allow State to perform a demonstration was harmless in light of the overwhelming evidence of guilt.

  • The State v. Wilkins

    Publication Date: 2017-10-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: Jerome M. Rothschild Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta, for appellant.
    for defendant: Robert Warren Attridge Jr. (Law Offices of Robert W. Attridge Jr. PA), Tybee Island; Robert Lawrence Persse (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S17A0873

    The trial court did not abuse its discretion in granting defendant's pretrial motion in limine to exclude incriminating statements his co-defendant made with regard to a double murder, as the evidence supported the trial court's conclusion that the co-defendant did not make the challenged statements "in furtherance of the conspiracy" and the statements, therefore, did not fall within the exception to the hearsay rule provided by O.C.G.A. 24-8-801 subsection (d) (2) (E).

  • Davis v. The State

    Publication Date: 2017-10-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Leigh Ann Webster (Strickland Webster, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Michelle Haase, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A0949

    The evidence supported defendant's convictions for malice murder, criminal attempt to commit armed robbery, aggravated assault with a deadly weapon, possession of a firearm by a convicted felon and possession of a firearm during the commission of a felony and defendant failed to prove his several ineffective assistance of counsel claims.

  • Spencer v. The State

    Publication Date: 2017-10-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: Thomas James Thomas, Thomas Webb & Willis, Atlanta, for appellant.
    for defendant: John Andrew Pipkin III, William Barney Kennedy III, Meredith Chafin Florio (Henry County Solicitor General's Office), McDonough for appellee.
    Case Number: S16G1751

    The Court of Appeals erred in holding that the trial court properly admitted a police officer's testimony correlating the results of a Horizontal Gaze Nystagmus test with a numeric blood alcohol content; accordingly, the Supreme Court reversed the Court of Appeals' decision affirming defendant's DUI-less safe conviction.

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  • Rebel Auction Co., Inc. v. The Citizens Bank

    Publication Date: 2017-10-19
    Practice Area: Civil Appeals | Evidence | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: John Smith (Young Thagard Hoffman, Smith & Lawrence), Valdosta, for appellant.
    for defendant: Markie Perry (Cowart & Perry, LLP), Valdosta; Clifford Kirbo (The Kirbo Law Firm), Moultrie, for appellee.
    Case Number: A17A0938

    The trial court erred in granting bank's motion for summary judgment but properly denied defendant's motion for summary judgment in a suit arising out a default on two promissory notes.

  • Davis v. The State

    Publication Date: 2017-10-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Stephen Scarborough (Stephen R. Scarborough, P.C.), Atlanta, for appellant.
    for defendant: Elizabeth Baker (Clayton County District Attorney, Clayton County District Attorney's Office), Jonesboro; Tracy Lawson (District Attorney), Jonesboro; Kathryn Powers (Assistant District Attorney), Jonesboro, for appellee.
    Case Number: A17A1008

    The trial court did not abuse its discretion in allowing State to present evidence that defendant had previously infected another a person with HIV in his trial for two counts of reckless conduct in violation of O.C.G.A. 16-5-60 subsection (c) arising after he infected another with HIV.

  • Pittmon v. The State

    Publication Date: 2017-10-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: Bruce Harvey (Attorney at Law), Atlanta, for appellant.
    for defendant: Lee Darragh (District Attorney, NEJC of GA Northeastern Judicial Circuit), Gainesville; Shiv Sachdeva (Northeastern Circuit District Attorney), Gainsville; Laura Lukert (Northern Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: A17A0963

    The evidence supported defendant's convictions for battery, cruelty to children in the first degree and cruelty to children in the second degree after she burned a child in her care at a daycare center and failed to seek medical attention for him.

  • Dublin v. The State

    Publication Date: 2017-10-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Peterson
    Attorneys: For plaintiff: James Kenneth Luttrell, Canton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Leigh Ellen Patterson, Emily Griffin Johnson (Floyd County District Attorney's Office), Rome, for appellee.
    Case Number: S17A0822

    The trial court did not err in permitting State to introduce certain hearsay evidence at trial, because the challenged evidence was admissible under the co-conspirator exception to the hearsay rule, and consequently, trial counsel was not deficient in failing to object to the admissible of that evidence.

  • Roscoe v. The State

    Publication Date: 2017-10-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Cynthia Wright Harrison (Harrison Law Firm LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Michelle Haase, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A0718

    The evidence supported defendant's convictions for malice murder and related offenses and the trial court did not abuse its discretion in granting State's motion in limine to exclude hearsay testimony allegedly showing that someone other than defendant killed the victim.