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Stryker v. The State
Publication Date: 2024-05-14
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Justice Colvin
Attorneys:
For plaintiff: Kyle A. Denslow, (Frye Law Group), Marietta, for appellant.
For defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Christopher M. Carr, (Department of Law), Atlanta, Conley Julian Greer, (Dawson County District Attorney’s Office), Dawsonville, Lee Darragh, (Northeastern Circuit District Attorney’s Office), Gainesville, for appellee.
Case number: S24A0125

Court affirms malice murder and other convictions over defendant's challenges to trial procedures but vacates convictions and sentences for assault and battery due to merger error

Stroud v. The State
Publication Date: 2024-05-10
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Justice McMillian
Attorneys:
For plaintiff: William Davis Hewitt, (The Appellate Division - Georgia Public Defender Council), Savannah, for appellant.
For defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Elizabeth Haase Brock, Christopher M. Carr, (Department of Law), Atlanta, William Patrick Doupé, Ali Pauline Ritch, (Toombs Circuit District Attorney’s Office), Thompson, for appellee.
Case number: S24A0069

Court affirms convictions for murder and other crimes over defendant's challenge to the sufficiency of evidence amid conflicting witness testimonies, and to denial of a directed verdict motion

Milton v. The State
Publication Date: 2024-05-10
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Justice McMillian
Attorneys:
For plaintiff: James Allan Rogers, (The Law Office of James A. Rogers), Athens, for appellant.
For defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Elizabeth Haase Brock, Christopher M. Carr, (Department of Law), Atlanta, William Patrick Doupé, Ali Pauline Ritch, (Toombs Circuit District Attorney’s Office), Thompson, for appellee.
Case number: S24A0068

Court affirms convictions for murder and gun possession over defendant's challenge to the sufficiency of evidence amid conflicting testimonies from witnesses

The State v. Carlton
Publication Date: 2024-05-06
Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Judge Brown
Attorneys:
For plaintiff: Shalena Jones, Gabriel Justus, (Eastern Judicial Circuit District Attorney’s Office), Savannah, for appellant.
For defendant: Robert Phillips, Jonathan Phillips, (Phillips Carson & Phillips), Savannah, for appellee.
Case number: A24A0134

Court reverses dismissal of charges filed more than four years after a criminal incident, finding that indictment did not need to refer to COVID-19 emergency extension of statute of limitations

Stewartson v. The State
Publication Date: 2024-05-01
Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys:
For plaintiff: Lloyd Matthews, (Attorney at Law), Canton, for appellant.
For defendant: Sherry Boston, Jason Rea, (DeKalb County District Attorney’s Office), Decatur, for appellee.
Case number: A24A0166

Court affirms convictions for voluntary manslaughter and firearm possession over defendant's challenges to a jury instruction on mutual combat and contentions of constitutional rights violations

Smalley v. The State
Publication Date: 2024-04-30
Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Chief Judge Mercier
Attorneys:
For plaintiff: Cara Clark, (Dwayne C. Singleton, LLC), Griffin, for appellant.
For defendant: Marie Broder, (Spalding County District Attorney’s Office), Griffin, for appellee.
Case number: A24A0663

Court vacates first-time felon's sentencing order and remands for trial court's inclusion in that order of a Behavioral Incentive Date (BID) as mandated by OCGA § 17-10-1 (a) (1) (B) (i)

In re: Edwards
Publication Date: 2024-04-26
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Third Circuit
Judge: Circuit Judge Montgomery-Reeves
Attorneys:
For plaintiff:
For defendant:
Case number: 20-2229

First Step Act resentencing did not constitute a new, intervening judgment entitling defendant to file a §2255 motion because First Step Act relief was a matter of legislative grace and did not affect the validity of the underlying judgment. Defendant's motion denied.

United States v. Davenport
Publication Date: 2024-04-26
Practice Area: Criminal Law
Industry:
Court: U.S. District Court for Pennsylvania - Western
Judge: District Judge Hardy
Attorneys:
For plaintiff:
For defendant:
Case number: 21-480

Defendant moved to dismiss his criminal indictment on speedy trial grounds. Motion granted.

Heard v. J & G Spas, LLC
Publication Date: 2024-04-26
Practice Area: Labor Law
Industry:
Court: U.S. District Court for Pennsylvania - Eastern
Judge: District Judge Slomsky
Attorneys:
For plaintiff:
For defendant:
Case number: 22-3212

Plaintiff alleged sufficient facts to support finding that white co-worker was treated more favorably following altercation in which both employees potentially committed violations of employer's code of conduct. Defendant's motion for summary judgment denied.

Commonwealth v. Santiago-Burgos
Publication Date: 2024-04-26
Practice Area: Criminal Law
Industry:
Court: Superior Court
Judge: Judge Stevens
Attorneys:
For plaintiff:
For defendant:
Case number: 573 MDA 2023

Appellant appealed the trial court's judgment of sentence following his jury conviction on three counts of possession with the intent to deliver a controlled substance and related crimes. The court affirmed, holding that the trial court did not err in allowing Commonwealth to introduce at trial photographic evidence of appellant's chest tattoo, which depicted a scale, drugs and money.

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