• Bennefield v. The State

    Publication Date: 2018-09-26
    Practice Area: Criminal Appeals | Criminal Law
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Michael Bennefield, Alamo, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Paul L. Howard, Jr., Lyndsey Hurst Rudder, Kevin Christopher Armstrong, (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: S18A1410

    Court Rejects Untimely Appeal of Guilty Plea by Murderer

  • Sloans v. The State

    Publication Date: 2018-09-14
    Practice Area: Criminal Appeals | Criminal Law
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Aaron Scott Palmer, (Middle Judicial Circuit Public Defender's Office), Swainsboro, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague,, (Department of Law), Atlanta, Joshua Bradley Smith, A.D.A., Natalie Spires Paine, Henry Wayne Syms, Jr., (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.

    Case Number: S18A1138

    Court Rejects Appeal by Convicted Murderer Who Challenged Use of Autopsy Photos at Trial

  • Patterson et al. v. Kevon, LLC d/b/a Big Kev's Barbecue

    Publication Date: 2018-09-06
    Practice Area: Civil Procedure
    Industry: Food and Beverage
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Blakely Holloway Frye, Travis M. Cashbaugh, (Hill, Kertscher & Wharton, LLP), Atlanta, for appellant.
    for defendant: Pamela Newsom Lee, David Anthony Smith, (Swift, Currie, Mcghee & Hiers LLP), Atlanta, for appellee. John David Hadden, (The Hadden Law Firm, LLC), Atlanta, Allison Elmore Thornton (Georgia Trial Lawyers Association), Atlanta, for amicus appellant.

    Case Number: S17G1957

    No heightened summary judgment standard for plaintiffs in food poisoning cases

  • Parks v. The State

    Publication Date: 2018-09-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Mark Allen Yurachek, (Yurachek & Associates, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Deputy, (Department of Law), Atlanta, Michael Scott Carlson, Deputy Chief. A.D.A., Grady A. Moore, A.D.A., Amelia Greeson Pray, A.D.A., D. Victor Reynolds, District Attorney (Cobb County District Attorney's Office), Marietta, for appellee.

    Case Number: S18A0949

    Gang Expert's Testimony Properly Admitted to Show Defendant's Participation in Criminal Gang Activity

  • Ballard v. The State

    Publication Date: 2018-07-10
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Rico Ballard, Jackson, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Kevin Christopher Armstrong (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: S18A0998

    The trial court should have dismissed, rather than denied, defendant's motion and amended motion in arrest of judgment following his convictions for murder and aggravated assault, as the trial court lacked jurisdiction to decide the untimely motions.

  • Mitchell v. The State

    Publication Date: 2018-07-09
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Lynn M. Kleinrock (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta; Lenny I. Krick, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.

    Case Number: S18A0779

    The trial court did not improperly comment on the evidence when it instructed the jury venire.

  • Garner v. The State

    Publication Date: 2018-07-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Michael Wayne Tarleton, Jackie Lynn Tyo (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Haase Brock (Department of Law), Atlanta; Leigh Ellen Patterson, Luke Anthony Martin (Floyd County District Attorney's Office), Rome, for appellee.

    Case Number: S18A0799

    The trial court did not err in refusing to charge the jury on self-defense in defendant's trial for murder and other charges because there was not even slight evidence to support such an instruction.

  • The State v. Davis

    Publication Date: 2018-06-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Margaret Ellen Heap, Christine Sieger Barker (Office of the District Attorney Eastern Judicial), Savannah, for appellant.
    for defendant: Amy Lee Ihrig, Robert Lawrence Persse (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellee. Scott L. Ballard, Benjamin David Coker (Griffin Judicial Circuit District Attorney's Office), Fayetteville; Robert Wright Smith Jr. (Prosecuting Attorneys' Council of Georgia), Morrow, for amicus appellant. James C. Bonner Jr., Brandon Alexander Bullard (Georgia Public Defender Council), Atlanta; Elizabeth Ann Brandenburg (Law Firm of Shein & Brandenburg), Decatur; Robert G. Rubin (Peters, Rubin & Sheffield, PA), Atlanta, for amicus appellee.

    Case Number: S17G1333

    The trial court erred in denying defendant's motion for a general demurrer after State charged him with failing to register as a sex offender in violation of O.C.G.A. § 42-1-12, because the Georgia Board of Pardons and Paroles' pardon of defendant's aggravated sodomy conviction obviated his duty to register.

  • McCoy v. The State

    Publication Date: 2018-05-31
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Joe M. Harris Jr. (Attorney at Law), Jonesboro, for appellant.
    for defendant: John Andrew Pipkin III, Caitlin McGillicuddy, Meredith Chafin Florio (Henry County Solicitor General's Office), McDonough, for appellee.

    Case Number: S17G1530

    Courts Reviewing Roadblock Stops Must Consider Whether Screening Officers Had Reasonable Suspicion to Defer For Further Detention and Field Tests

  • Putnal v. The State

    Publication Date: 2018-05-31
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Gerald P. Word, Crystal Harmon Bice (Georgia Capitol Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Oliver Jackson Browning Jr., Jordan Leigh Stover (Tallapoosa Judicial Circuit District Attorney's Office), Cedartown, for appellee.

    Case Number: S18A0018

    The trial court erred in denying defendant's motion to proceed ex parte and under seal with regard to his requests for defense-retained mental health experts to gain access to him in the detention center where he was incarcerated.