• In The Interest of S. M.

    Publication Date: 2018-08-16
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Katherine Mason, Amanda Monaco (Augusta Judicial Circuit Public Defender), Augusta, for appellant.
    for defendant: Joshua Smith, Henry Syms (District Attorney's Office), (Wargo & French LLP), Augusta, for appellee.

    Case Number: A18A1221

    Informal Adjustment Valuation of Stolen Property For Restitution Purposes Was Not Appealable Final Judgment

  • Walker v. The State

    Publication Date: 2018-08-16
    Practice Area: Criminal Appeals | Criminal Law
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: David Clark, Cara Clark (GPDC Appellate Division), Atlanta, for appellant.
    for defendant: Paul Howard, (District Attorney), Atlanta; Marc Mallon (Senior Assistant District Attorney), Atlanta, for appellee.

    Case Number: A18A0847

    Denial of New Trial Upheld for Convicted Rapist Who Refused Pre-Trial Plea

  • Thompson v. The State

    Publication Date: 2018-08-15
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Amy Ihrig, (Public Defenders Office, EJC), Savannah, for appellant.
    for defendant: Lauren Purvis, (Chatham County District Attorney's Office), Savannah; Greg McConnell (Assistant District Attorney), Savannah; Lyndsey Rudder (Office of the Fulton County District Attorney), Atlanta, for appellee.

    Case Number: A18A1254

    Denial of New Trial Upheld for Convicted Drug Trafficker Despite Erroneous Admission of Impermissible Character Evidence Where Admission Was Harmless

  • Winfrey v. The State

    Publication Date: 2018-08-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Steven H. Sadow (Law Office of Steven Sadow), Atlanta; Matthew K. Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Michael Scott Carlson, John Richard Edwards, D. Victor Reynolds, John Stuart Melvin (Cobb County District Attorney's Office), Marietta; Gregg M. Jacobson (King & Spalding LLP), Atlanta; Jeffrey Evan Gewirtz (Jeffrey Scott LLP), New York, for appellee.

    Case Number: S17G1270

    Trial Judge's Clearly Implied Threat Of Harsh Sentencing Constituted Improper Participation in Plea Negotiations

  • Stripling v. The State

    Publication Date: 2018-08-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Michael Wayne Tarleton (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Aimee F. Sobhani, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Arthur C. Walton (Fulton County Courthouse), Atlanta, for appellee.

    Case Number: S18A0176

    Accomplice Corroboration Instruction Not Required Where Witnesses Weren't Accomplices in Charged Crime

  • Willis v. The State

    Publication Date: 2018-08-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Andrew Santos Fleischman (Ross & Pines LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Paul L. Howard Jr., Kevin Christopher Armstrong, Michael V. Snow (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: S18A0035

    Trial Judge's Expression of Opinion To Jury As To Whether Fact At Issue Had Been Proved Was Subject to Plain Error Review

  • Thompson v. The State

    Publication Date: 2018-08-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Damarius Thompson, Helena, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Burke Olivia Doherty (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: S18A0497

    Prior Inconsistent Statements Properly Admitted to Impeach Testimony of Reluctant Prosecution Witness

  • Menzies v. The State

    Publication Date: 2018-08-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Patricia Margaret Moon (Patricia M. Moon), Duluth, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Alisha Adams Johnson, Alicia C. Gant (Rockdale County District Attorney's Office), Conyers, for appellee.

    Case Number: S18A0541

    Defendant Who Organized Robbery Attempt Was Responsible For Death Resulting From Gunshots Fired By Victim At Accomplice

  • Lynch v. The State

    Publication Date: 2018-08-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Larry Wolfe (L. David Wolfe, P.C.), Atlanta, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Arthur Walton (Assistant District Attorney), Atlanta, for appellee.

    Case Number: A18A0286

    Defendant Was Prejudiced By Erroneous Jury Instruction That Rape Charge Was Not Subject to Statute of Limitations

  • Evans v. The State

    Publication Date: 2018-08-10
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: James Luttrell (Attorney at Law), Canton, for appellant.
    for defendant: Emily Richardson (Douglas County District Attorney's Office), Douglasville; Brian Fortner (Douglas County District Attorney), Douglasville; Ryan Leonard (Acting District Attorney), Bonnie Smith (Assistant District Attorney), Douglasville, for appellee.

    Case Number: A18A0184

    Conviction Reversed; Prosecution Failed to Establish That Appellant's Reckless Conduct Caused Inmate's Death