• Prothro v. The State

    Publication Date: 2018-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Jason W. Swindle, Sr., Dane M. Garland (Swindle Law Group, PC.), Carrollton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta; Anne Cobb Allen (Coweta Judicial Circuit District Attorney's Office), Carrollton; Peter J. Skandalakis (Prosecuting Attorneys Council of Georgia), Morrow, for appellee.

    Case Number: S17A1399

    Defendant failed to prove that he received constitutionally ineffective assistance of counsel in his trial on charges of malice murder and other crimes after he killed his grandfather and set his house on fire.

  • Roberts v. The State

    Publication Date: 2018-02-20
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: James Roberts, Pelham, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Kevin Armstrong (Office of the District Attorney), Atlanta, for appellee.

    Case Number: A17A1577

    The trial court erred in denying defendant's pauper's status without first holding a hearing on the question of indigence pursuant to O.C.G.A. § 9-15-2.

  • Pike v. The State

    Publication Date: 2018-02-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Judge Hines
    Attorneys: For plaintiff: Jeffrey L. Grube, Warner Robins, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-Soo Youn (Department of Law), Atlanta; Daniel Patrick Bibler, George Herbert Hartwig, III, Alicia Deck Gassett (Houston County District Attorney's Office), Perry, for appellee.

    Case Number: S17A1541

    The evidence, including evidence of venue, was sufficient to support defendant's convictions for malice murder and related crimes and the trial court did not abuse its discretion in admitting into evidence autopsy photographs of the victim and evidence of an armed robbery the defendant and victim committed together two days before the victim's murder.

  • The State v. Smith et al.

    Publication Date: 2018-02-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Frank M. Pennington, II, Margaret Ellen Heap, Christine Sieger Barker (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Solomon Adeoye Amusan (The Amusan Law Firm, PC), Savannah; Richard M. Darden (Darden Law Firm), Savannah; Caroline Heather Bradley (Richard M. Darden PC), Savannah; Thomas Raymond Bateski (Thomas R. Bateski, Esq PC), Savannah; Martin Gregory Hilliard (Martin G. Hilliard PC), Savannah; Steven Lee Sparger, Savannah, for appellee.

    Case Number: S17A1992

    The trial court erred in granting defendant's motion in limine to exclude a statement one of his co-defendants made because the statement did not directly inculpate defendant so the trial court should have concluded that the statement would be admissible against the co-defendant with an instruction to the jury to consider the statement only against him.

  • Ware v. The State

    Publication Date: 2018-02-15
    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: Oliver Jackson Browning, Jr., Ryan Hayes Remsen (Tallapoosa Judicial Circuit District Attorney's Office), Cedartown; Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta, for appellee.

    Case Number: S17A1516

    The trial court did not reversibly err in failing to rebuke the prosecutor for comments he made in his closing argument in defendant's murder trial because, in light of the evidence of guilt, it was highly improbable that the comment contributed to the verdict.

  • Andrews v. The State

    Publication Date: 2018-02-15
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Sydney Rene Strickland (Strickland Webster, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Amelia Greeson Pray, D. Victor Reynolds, Michael Scott Carlson (Cobb County District Attorney's Office), Marietta, for appellee.

    Case Number: S17A1728

    The trial court did not err in finding that defendant freely and voluntarily spoke to police and thus properly denied his motion to suppress his custodial statements in his murder trial for killing a cab driver.

  • White v. The State

    Publication Date: 2018-02-15
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Ivars Lacis (Lacis Law, LLC), Peachtree City, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Benjamin David Coker, Brittany Ashton Fallin, Marie Greene Broder (Griffin Judicial Circuit District Attorney's Office), Thomaston, for appellee.

    Case Number: S17A1588

    The trial court did not reversibly err in its jury instruction on reasonable doubt because, when viewing the charge as a whole, the jury instruction did not mislead the jury as to the standard of proof required by due process.

  • The State v. Herman

    Publication Date: 2018-02-15
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Joseph Black (Assistant District Attorney), Statesboro; Richard Mallard (District Attorney), Statesboro, for appellant.
    for defendant: Renata Newbill-Jallow (Public Defender Ogeechee Judicial Circuit), Statesboro, for appellee.

    Case Number: A17A1978

    The trial court erred in granting defendant's motion to suppress evidence obtained during a traffic stop because the open-air dog sniff did not unconstitutionally prolong the stop since an officer was still in the process of running a check of the driver's license, which is part of the mission of a traffic stop.

  • In The Interest Of T. W., a child.

    Publication Date: 2018-02-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Willymena Joseph (Georgia Public Defender Council), Brunswick, for appellant.
    for defendant: Jacquelyn Johnson (District Attorney), Brunswick; Thomas Buscemi (District Attorney's Office, Brunswick Judicial Circuit), Brunswick, for appellee.

    Case Number: A17A1681

    The Court reversed the adjudication of delinquency to the extent it was based upon a finding that juvenile had participated in criminal street gang activity because evidence showing that juvenile was with gang members and accepted a gun from a gang member was legally insufficient to support the ruling.

  • Roberts v. The State

    Publication Date: 2018-02-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Brandon Lewis (Attorney at Law), Norcross, for appellant.
    for defendant: Anna Cross (County District Attorney's Office), Decatur; Sherry Boston (DeKalb County District Attorney), Decatur, for appellee.

    Case Number: A17A1608

    The evidence supported defendant's convictions for violating the Georgia RICO Act, identity fraud, financial-transaction-card fraud and exploitation of an elder person arising out of a scheme in which she called senior citizens, claimed that she was a representative of a power company, and informed them that their utility bill had not been paid and that their power would be cut off if they did not provide her with credit card, bank account or other personal and financial information, which she then used to obtain cash or buy things.