• Burke v. The State

    Publication Date: 2018-02-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Long Dai Vo, Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Michael Alexander Oldham, Christopher M. Carr (Department of Law), Atlanta; Anna Green Cross, Lenny I. Krick, Sherry Boston, Helen Virginia Peters (DeKalb County District Attorney's Office), Decatur, for appellee.

    Case Number: S17A1495

    Because there was no evidence to support a finding of voluntary manslaughter, the trial court did not err in limiting the jurys consideration of voluntary manslaughter to a lesser offense of only malice murder, both in its oral instructions and on the verdict form, so that the jury had no option to consider the lesser offense in relation to the felony murder charge.

  • The Mayor and Aldermen of Garden City v. Harris et al.

    Publication Date: 2018-02-23
    Practice Area: Personal Injury | Premises Liability
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Patrick T. O'Connor, David William Bobo Mullens, III, James Philip Gerard (Oliver Maner LLP), Savannah, for appellant.
    for defendant: Christopher Dorian Britt (Karsman, McKenzie & Hart), Savannah, for appellee.

    Case Number: S17G0692

    City was entitled to summary judgment in plaintiffs' suit to recover for injuries their daughter suffered at a City-owned and maintained football stadium because the Recreational Property Act provided immunity to City since the injured party was allowed to use City's property for recreational purposes free of charge.

  • Brown v. The State

    Publication Date: 2018-02-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: David Tavis Winheim (Sumter County Public Defenders Office), Americus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta; Plez Higdon Hardin (Southwestern Judicial Circuit District Attorney's Office), Americus, for appellee.

    Case Number: S17A1755

    Although the evidence supported defendant's convictions for felony murder and robbery, the trial court erred in failing to merge the robbery conviction into the murder conviction, as it was the underlying predicate felony; accordingly, the Court vacated defendant's conviction and sentence on that charge.

  • Blackwell v. The State

    Publication Date: 2018-02-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Gary Wilson Jones, Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Michael Scott Carlson, John Richard Edwards, D. Victor Reynolds, Theresa Marie Schiefer (Cobb County District Attorney's Office), Marietta, for appellee.

    Case Number: S17A1928

    Defendant failed to prove his ineffective assistance of counsel claims following his murder conviction.

  • Hall County Board Of Tax Assessors v. Westrec Properties, Inc.

    Publication Date: 2018-02-22
    Practice Area: Administrative Law | Tax
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Joseph A. Homans, Catherine T. Crawford (Fox, Chandler, Homans, Hicks & McKinnon), Dawsonville, for appellant.
    for defendant: Jeremy Ethan Underwood, Lauren Clipp Giles (Miles Hansford & Tallant, LLC), Cumming, for appellee.

    Case Number: S17A1421

    The trial court properly granted summary judgment to the taxpayers in their suit against a county board of tax assessors because the plain language of the O.C.G.A. § 48-5-311, as amended, required the board to schedule and notice a settlement conference with the taxpayer within 45 days of receipt of the taxpayers' notice of appeal and provided that the appeal terminated in the event the board elected not to do so, which it did.

  • Green v. The State

    Publication Date: 2018-02-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Gregory Davis Smith (Conger & Smith, LLC), Bainbridge, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Clifford Paul Bowden (Tifton Judicial Circuit District Attorney's Office), Tifton, for appellee.

    Case Number: S17A1872

    Defendant failed to prove his ineffective assistance of counsel claims following his conviction as a party to the crime of malice murder.

  • Harris v. The State

    Publication Date: 2018-02-22
    Practice Area: Criminal Law | Evidence | Judges
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Eric C. Crawford (Crawford & Boyle, LLC), Monroe, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta; Layla Hinton Zon (Alcovy Judicial Circuit District Attorney's Office), Covington; Walter Cliff Howard (Alcovy Judicial Circuit District Attorney's Office), Monroe, for appellee.

    Case Number: S17A1938

    Defendant failed to show that the trial court reversibly erred in making a comment to a State's witness reminding him that he agreed to be credible, as defendant failed to establish that the error affected his substantial rights, given the strong evidence of guilt against him.

  • Norris v. The State

    Publication Date: 2018-02-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Long Dai Vo, Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta; Darius T. Pattillo, Blair Douglas Mahaffey (Flint Circuit District Attorneys Office), McDonough; Sharon Lee Hopkins (Henry County District Attorney's Office), McDonough, for appellee.

    Case Number: S17A1587

    The evidence sufficiently supported the trial courts determination that defendant knowingly and voluntarily waived his Miranda rights and gave his statements to police, even if he was intoxicated at the time as he later claimed.

  • Johnson v. The State

    Publication Date: 2018-02-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Patrick Ervin Chisholm (Office of the Public Defender), Bainbridge, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; Craig Edward Miller, Joseph Kenneth Mulholland, Moruf O. Oseni (South Georgia Judicial Circuit District Attorney's Office), Bainbridge, for appellee.

    Case Number: S17A1479

    The evidence was sufficient to support defendants' convictions arising from the shooting death of one of the defendant's wife's romantic partner and the trial courts finding that the prosecutors peremptory jury strikes were not racially motivated was not clearly erroneous.

  • Kaufman v. The State

    Publication Date: 2018-02-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Debra Jefferson (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Jessica Moss, Rachel Ashe (Cherokee County Solicitor Generals Office), Canton, for appellee.

    Case Number: A17A1881

    The evidence supported defendant's convictions for three counts of stalking, two counts of criminal trespass, five counts of engaging in harassing communications, 11 counts of criminal attempt to commit a misdemeanor by violation of a protective order and one count of violation of a protective order.