• Ray v. State

    Publication Date: 2018-04-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Amanda Speights, Benjamin Huntington (Speights Law PC), Canton; Scott Poole (Grisham & Poole, PC), Canton, for appellant.
    for defendant: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Shannon Wallace (District Attorney), Canton, for appellee.

    Case Number: A18A0333

    The Court vacated the denial of defendant's motion for new trial following his convictions for rape and two counts of sexual battery and remanded for further proceedings to determine if he was entitled to a new trial based on ineffective assistance of counsel and the exclusion of certain evidence.

  • Ramirez v. The State

    Publication Date: 2018-04-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Micah Jay Gates (Office of the Public Defender for the Conasuaga Judicial Circuit), Dalton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Herbert McIntosh Poston Jr. (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.

    Case Number: S17A1662

    The trial court did not abuse its discretion in excluding evidence of other incidents of criminal activity at a bar where defendant shot two security guards.

  • Wimbush v. The State

    Publication Date: 2018-04-19
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Therian Wimbush, Hawkinsville, for appellant.
    for defendant: Dan Mayfield (District Attorney's Office), Lawrenceville; Daniel Porter (District Attorney), Lawrenceville, for appellee.

    Case Number: A17A2056

    The evidence sufficiently supported defendant's convictions for three counts of cruelty to children in the second degree after she locked one child in a closet in a basement for nearly two years and failed to seek medical care for a second child who had a cancerous tumor.

  • The State v. Stroud

    Publication Date: 2018-04-18
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A17A1851

    The trial court properly granted defendant's motion in limine to suppress evidence of his refusal to submit to a state-administered chemical test of his blood, breath, or urine in his trial for DUI-less safe and failure to maintain lane, as the arresting officer's error in misreading the implied consent notice substantively changed the meaning of the notice and misled defendant as to a serious consequence of refusing to submit to testing thus depriving defendant of making an informed decision about whether to consent to the testing.

  • Smith v. The State

    Publication Date: 2018-04-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Jackie Patterson (Attorney at Law), Atlanta, for appellant.
    for defendant: Jamie Inagawa (Fayette County Solicitor-General), Fayetteville; Joseph Myers (Chief Assistant Solicitor), Fayetteville, for appellee.

    Case Number: A18A0800

    The Court reversed defendant's conviction for DUI-less safe because State failed to prove venue beyond a reasonable doubt.

  • Jones v. The State

    Publication Date: 2018-04-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Brent Hutchison (Attorney at Law), Zebulon; Jacob Weldon (Virgil L. Brown Associates, LLC), Zebulon, for appellant.
    for defendant: Jamie Inagawa (Fayette County Solicitor-General), Fayetteville; Joseph Myers (Chief Assistant Solicitor), Fayetteville, for appellee.

    Case Number: A17A1532

    Log Sheet With Handwritten Alcohol Breath Test Results Was Admissible Under Business Record Exception to Hearsay Rule

  • Budhani v. The State

    Publication Date: 2018-04-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Brian Steel (The Steel Law Firm, PC.), Atlanta; Miguel Debon (The Debon Law Group, PC), Lawrenceville, for appellant.
    for defendant: Layla Zon (District Attorney), Covington; Jillian Hall (Newton County District Attorney's Office), Covington, for appellee.

    Case Number: A18A0645

    The trial court did not err in denying defendant's motion to suppress his custodial statement in his trial for possessing and selling a Schedule-1 controlled substance, a synthetic form of marijuana, after finding that the custodial statement was voluntary.

  • Taylor v. The State

    Publication Date: 2018-04-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Christina Rupp Cribbs, Jacob Dennis Rhein (Georgia Public Defender Council - Appellate Division), Atlanta; Russell Robert Jones (Office of the Public Defender), Springfield, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Joshua Bradley Smith, Natalie Spires Paine, Rebecca Ashley Wright (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.

    Case Number: S17A1627

    The trial court did not err in admitting certain evidence in defendant's trial for the murder of an elderly disabled man for whom defendant provided live-in care.

  • Nations v. The State

    Publication Date: 2018-04-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Juwayn Haddad (Haddad Law Group, LLC), Tucker, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Haase Brock (Department of Law), Atlanta; Paul L. Howard, Jr., David K. Getachew-Smith, Sr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: S17A1597

    The trial court did not plainly err in admitting into evidence defendant's prior armed robbery conviction in his murder trial because, pretermitting whether admission of the evidence amounted to clear or obvious error, defendant could not show that the admission of the evidence affected his substantial rights, in light of the strength of the evidence of his guilt.

  • Jacobs v. The State

    Publication Date: 2018-04-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Kristina Goodwin Connell (Connell Law Firm), Augusta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Kevin Richard Majeska, William Patrick Doupé, Dennis C. Sanders (Toombs Judicial Circuit District Attorney's Office), Thomson, for appellee.

    Case Number: S17A1892

    The evidence supported defendant's convictions related to the murder of his wife and the trial court did not err in allowing State to introduce into evidence certain statements the victim made before her death under the residual hearsay exception contained in O.C.G.A. § 24-8-807 of Georgias new Evidence Code.