• Inquiry Concerning Judge Tammy Stokes

    Publication Date: 2018-12-03
    Practice Area: Judges | Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Robert Charles Iverson McBurney, (Superior Court of Fulton County), Atlanta, Benjamin F. Easterlin, IV, (Judicial Qualifications Commission), Atlanta, for appellant.
    for defendant: Tammy Marcel Stokes, (Recorder's Court of Chatham County), Savannah, for appellee.

    Case Number: S19Z0269

    Court Accepts Proposed Discipline for Judge Who Was Chronically Tardy

  • Withers et al. v. Schroeder

    Publication Date: 2018-10-01
    Practice Area: Judges
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Laura Karen Johnson, Terry Gerard Phillips, Shaheem Malik Williams, (Dekalb County Law Department), Decatur, Thomas Monroe Mitchell, Angela C. Couch (Carothers & Mitchell, LLC), Buford, for appellant.
    for defendant: Gerard John Lupa, (Lupa Law, LLC), Stone Mountain, Harlan Stuart Miller, III, (Miller Legal, PC.), Macon, for appellee. Dale R. Samuels (The Samuels Firm), Buford, E. R. Lanier (Council Of Municipal Court Judges of Georgia), Monticello, Michael Brian Terry, David Gregory Hill Brackett, (Bondurant, Mixson & Elmore, LLP), Atlanta, for amicus curiae.

    Case Number: S17G1875

    Personnel are Protected from Suit by Judicial Immunity When They Act in Their Judicial Capacity

  • 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.

  • Michael O. Mondy et al. v. Magnolia Advanced Materials, Inc.

    Publication Date: 2018-07-02
    Practice Area: Civil Procedure | Judges
    Industry: Manufacturing
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Michael Oliver Mondy (Michael O. Mondy PC.), Atlanta, for appellant.
    for defendant: Erika Clarke Birg, Peter L. Munk (Nelson Mullins Riley & Scarborough LLP), Atlanta, for appellee.

    Case Number: S17G1478

    When a motion to recuse the trial judge is filed after the judge has orally held a party's attorney in contempt, the recusal motion must be decided before the judge may properly proceed to enter a written contempt order.

  • Serdula v. The State

    Publication Date: 2018-03-12
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Nathanael Horsley (Attorney at Law), Atlanta, for appellant.
    for defendant: Michael Carlson, John Edwards (District Attorney's Office Cobb Judicial Circuit), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.

    Case Number: A17A1454

    The Court vacated defendant's convictions and remanded the case to the trial court for the case to be referred to a different trial judge to decide defendant's motion to recuse the judge who had presided over the case, because the proceeding was one in which the trial judges impartiality might reasonably be questioned and, at a minimum, the motion should have been referred to another judge.

  • Harris v. The State

    Publication Date: 2018-02-22
    Practice Area: Criminal Law | Evidence | Judges
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Eric C. Crawford (Crawford & Boyle, LLC), Monroe, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta; Layla Hinton Zon (Alcovy Judicial Circuit District Attorney's Office), Covington; Walter Cliff Howard (Alcovy Judicial Circuit District Attorney's Office), Monroe, for appellee.

    Case Number: S17A1938

    Defendant failed to show that the trial court reversibly erred in making a comment to a State's witness reminding him that he agreed to be credible, as defendant failed to establish that the error affected his substantial rights, given the strong evidence of guilt against him.

  • Smith v. The State

    Publication Date: 2018-01-03
    Practice Area: Criminal Law | Evidence | Judges
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Michael Wayne Tarleton (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Jeffery Wayne Hunt, Peter J. Skandalakis, Christopher R. Keegan (Coweta Judicial Circuit District Attorney's Office), Carrollton, for appellee.

    Case Number: S17A1757

    The trial court did not err in refusing to grant defendant's motions for mistrial during jury deliberations on the ground that notes from the jury showed that it was hopelessly deadlocked because the jury's statements did not indicate that it was deadlocked; considering the totality of the circumstances, the trial courts actions did not coerce the jurys verdicts.

  • Carter v. The State

    Publication Date: 2017-11-20
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Michael Tarleton (The Appellate Division – GPDC), Atlanta, for appellant.
    for defendant: Robert James (District Attorney), Decatur; Sherry Boston (DeKalb County District Attorney), Decatur; Gerald Mason (DeKalb County District Attorney's Office), Decatur, for appellee.

    Case Number: A17A0860

    The trial court did not violate the former version of O.C.G.A. 17-8-57 when it reminded a witness during her direct examination that she was in the room when a co-defendant uttered a threat; accordingly, the Court affirmed defendant's convictions for aggravated assault and other crimes.

  • McNeal v. The State

    Publication Date: 2017-11-01
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: Eric J. Taylor (Office of the Public Defender), 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., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: S17A1290

    The evidence supported defendant's convictions for malice murder and related crimes and the trial court did not err in refusing to give defendant's requested charge on accident, as the evidence did not support such a charge.

  • Austin v. The State

    Publication Date: 2017-10-27
    Practice Area: Judges
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Robert Barr (Attorney at Law), Atlanta; Brannon Burroughs (Law Office of Bob Barr), Sandy Springs, for appellant.
    for defendant: Anne Allen (Assistant District Attorney Coweta Judicial Circuit), Carrollton; Peter Skandalakis (District Attorney Coweta County District Attorney's Office), Lagrange; Ashley Hurley (Okelley & Sorohan LLC), Duluth, for appellee.

    Case Number: A17A1151

    The trial court did not err in denying defendant's petition to seal records pursuant to O.C.G.A. 42-8-62.1, Georgia's statute limiting public access to first offender records in the custody of the clerk of court, because defendant's guilty plea to repeated violations of public trust in connection with his dental profession authorized the trial court to conclude that defendant's interest in having the documents sealed was far outweighed by the public's interest in having the records available.