• Faust v. The State

    Publication Date: 2018-06-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Kevin Alan Anderson (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Anna Green Cross, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.

    Case Number: S18A0453

    State sufficiently proved venue in defendant's trial for kidnapping one man and fatally shooting another.

  • Manning v. The State

    Publication Date: 2018-06-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: David D. Marshall (Law Office of David D. Marshall), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Anna Green Cross, Lenny I. Krick, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.

    Case Number: S18A0369

    The jury was authorized to reject defendant's self-defense and justification defense and to find him guilty of felony murder and other offenses beyond a reasonable doubt.

  • Winston v. The State

    Publication Date: 2018-06-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Jennifer Faith Arndt (Newton County Public Defender's Office), Covington, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Layla Hinton Zon, Melanie McCrorey Bell, Jillilan Rachael Hall (Alcovy Judicial Circuit District Attorney's Office), Covington, for appellee.

    Case Number: S18A0194

    The evidence, although circumstantial, was sufficient to exclude every other reasonable hypothesis save that of guilt and was sufficient to authorize a rational trier of fact to find defendant guilty of the crimes for which he was convicted.

  • Russell v. The State

    Publication Date: 2018-05-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Teresa Lynn Doepke (Alcovy Judicial Circuit Public Defender), Covington, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Layla Hinton Zon, Candice Leigh Branche (Alcovy Judicial Circuit District Attorney's Office), Covington, for appellee.

    Case Number: S18A0091

    Defendant Who Shot Victim After Playful Scuffle Turned Violent Was Not Entitled to Mutual Combat Instruction

  • Jackson v. The State

    Publication Date: 2018-05-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Arthur C. Walton (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: S18A0127

    Participant in Shooting Incident Was Subject to Prosecution for Murder Resulting From Another Participant's Gunfire

  • Gibbs v. The State

    Publication Date: 2018-05-09
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Forrest K. Shealy, Marietta, for appellant.
    for defendant: Michael Scott Carlson, Amelia Greeson Pray, D. Victor Reynolds, Jaret Teague Usher (Cobb County District Attorney's Office), Marietta, for appellee.

    Case Number: S17G1343

    The Court of Appeals properly affirmed the trial courts denial of defendant's motion for new trial based on ineffective assistance of counsel, as he could not show a reasonable probability that the outcome of the trial would have been different absent trial counsel's alleged deficiencies, in light of the strong evidence of his guilt.

  • The State v. Aduka

    Publication Date: 2018-04-30
    Practice Area: Criminal Appeals | Immigration Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Deborah D. Wellborn, Sherry Boston, Anna Green Cross (DeKalb County District Attorney's Office), Decatur, for appellant.
    for defendant: Akintunde A. Akinyele (Akinyele Law Firm LLC), Decatur; Akinwunmi Doherty (The Doherty Law Firm), Atlanta, for appellee.

    Case Number: S17A1717

    The Court reversed the grant of appellee's petition for a writ of habeas corpus, finding that the trial court erred in ruling that plea counsel was deficient in advising his noncitizen client that he could be deported, rather than informing him that he would be deported if he entered the plea in question, because the law was not succinct and straightforward at the time.

  • Lucas v. Beckman Coulter, Inc.

    Publication Date: 2018-04-12
    Practice Area: Business Torts | Civil Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Dustin Thomas Brown, Peter John Daughtery (Daughtery Crawford & Brown, LLP), Columbus, for appellant.
    for defendant: Kurtis A. Powell, Robert Thomas Dumbacher (Hunton & Williams), Atlanta; Clayton Matthews Adams, Jeffrey Albright Brown (Brown & Adams LLC), Columbus, for appellee.

    Case Number: S17G0541

    The Court of Appeals improperly construed O.C.G.A. § 16-11-135 (e), part of the Business Security and Employee Privacy Act, as granting employers immunity from all firearm-related tort liability for the acts of its employees and the Supreme Court thus reversed the Court of Appeals' decision affirming the grant of summary judgment to employee and employer in plaintiff's suit arising after employee accidentally shot him with a personal handgun while on a service call for employer at plaintiff's place of employment.

  • Franklin v. The State

    Publication Date: 2018-04-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Jerilyn Lyshette Bell, Josh David Moore, Gerald P. Word (Georgia Capital Defenders), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Emily Kathleen Richardson, Brian Keith Fortner, Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.

    Case Number: S17A1599

    The trial court properly concluded that it had no authority to determine prior to trial whether the aggravating circumstances State alleged would be sufficiently proved by the evidence to support the imposition of the death penalty.

  • Gallemore v. White

    Publication Date: 2018-04-05
    Practice Area: Family Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Odis William Williams II (The Law Offices of Odis Williams, P.C.), Marietta, for appellant.
    for defendant: Sabrina A. Parker (The Parker Law Firm), Norcross, for appellee.

    Case Number: S17A1464

    Appellant failed to demonstrate on appeal that the trial court erred in entering a contempt order against him in a child support dispute, as he failed to attach the transcript of the hearing below, so the Court affirmed that order but vacated the award of attorney fees to appellee and remanded for further proceedings, as the trial court's order did not contain findings of fact necessary to support the award.