• McDaniel v. The State

    Publication Date: 2021-04-30
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Robert Steven McDaniel, Chester, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Donald R. Donovan, Anthony Brett Williams, (Paulding County District Attorney's Office), Dallas, for appellee.

    Case Number: S21A0217

    Trial Court Did Not Abuse its Discretion in Denying Murder Defendant's Motion for an Out-of-Time Appeal

  • Davis v. The State

    Publication Date: 2021-04-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: James Pete Theodocion, (J. Pete Theodocion, P.C.), Augusta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Joshua Bradley Smith, (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.

    Case Number: S21A0044

    Trial Counsel Affirmatively Waived Claimed Error by Trial Court in Admitting Unavailable Witness's Prior Testimony

  • Cham et al. v. ECI Management Corporation et al.

    Publication Date: 2021-04-13
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Maxwell Kent Thelen, James Darren Summerville, (The Summerville Firm, LLC), Atlanta, Jeffrey Parker Shiver, Alan John Hamilton, R. Scott Campbell, Daniel Colin Beer, (Shiver Hamilton, LLC), Atlanta, for appellant.
    for defendant: John E. Hall, Jr., Jeffery Randolph Saxby, Paul Barry Trainor, Pearson Kern Cunningham, (Hall Booth Smith PC), Atlanta, for appellee.

    Case Number: S20G0601

    Trial Court Did Not Err in Charging on Duty a Landowner Owes a Licensee When Evidence Shows Plaintiffs' Decedent Was a Guest of Landowner's Lawful Tenant

  • Moss v. The State

    Publication Date: 2021-04-12
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Andrew Santos Fleischman, Noah Howard Pines, (Ross & Pines, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Daniel Patrick Bibler, George Herbert Hartwig, (Houston County District Attorney's Office), Perry, for appellee.

    Case Number: S20A1520

    Trial Court Had Authority to Sentence Juvenile to Life Without Parole

  • Smith v. The State

    Publication Date: 2021-03-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Angela Z Brown, (The Moore Brown Law Group, P.C.), Marietta, Genevieve Holmes, (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Alex Martin Bernick, (Department of Law), Atlanta, Elizabeth A. Baker, (Fayette County District Attorney's Office), Fayetteville, Tasha Monique Mosley, Karen Smith Barbour, (Clayton County District Attorney's Office), Jonesboro, for appellee.

    Case Number: S20A1120

    Trial Court Did Not Err in Refusing to Allow Inquiry Into Victim's Possible Gang Affiliation; Defendant Failed to Show That Victim's Tattoo Indicated He Was a Gang Member

  • Polo Golf and Country Club Homeowners Association, Inc. v. John Cunard et al.

    Publication Date: 2021-02-19
    Practice Area: Constitutional Law | Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: John T. Lueder, (Lueder, Larkin & Hunter, LLC), Alpharetta, for appellant.
    for defendant: Kenneth Edward Jarrard, Joseph Paul Mitchell, (Jarrard & Davis, LLP), Cumming, for appellee.

    Case Number: S20A1205

    County Had Authority to Require Homeowners Association to Maintain Drainage Easements and Stormwater Facilities

  • Johnson v. The State

    Publication Date: 2021-02-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Jessica Ruth Towne, (Clark & Towne, P.C.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, Michael Alexander Oldham, (Department of Law), Atlanta, Penny Alane Penn, (Forsyth County District Attorney's Office), Cumming, for appellee.

    Case Number: S20A1289

    Court affirms malice murder conviction over defendant's contentions of failure to strike testimony, ineffective assistance, and errors in denying motions to suppress

  • Thomas v. The State

    Publication Date: 2021-01-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Jonathan Perry Waters, (Attorney at Law), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Alex Martin Bernick, Christopher M. Carr, (Department of Law), Atlanta, Daniel Patrick Bibler, George Herbert Hartwig, (Houston County District Attorney's Office), Perry, for appellee.

    Case Number: S20A1187

    Court affirms malice murder and other convictions over defendant's evidentiary challenges and contentions of trial court error

  • Cole v. The State

    Publication Date: 2021-01-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Bobby Jay Cole, Alamo, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill, (Department of Law), Atlanta, Herbert E. Franklin, Jr., Megan Camille Gaither, (Lookout Mountain Judicial Circuit District Attorney's Office), Ringgold, for appellee.

    Case Number: S20A1377

    Trial Court Must Hold a Hearing to Determine Whether Defendant Was Deprived of His Right to Appeal Due to Ineffective Assistance of Plea Counsel

  • Clark v. The State

    Publication Date: 2020-12-30
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Eddie Clark, Trion, for appellant.
    for defendant: Oliver Jackson Browning, Jr., (Tallapoosa Judicial Circuit District Attorney's Office), Cedartown, Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton, (Department of Law), Atlanta, for appellee.

    Case Number: S20A1151

    Court vacates trial court's dismissal of murder defendant's motion for an out-of-time and remands case for an evidentiary hearing