• Gage v. The State

    Publication Date: 2021-04-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Lee Fitzpatrick, (Attorney at Law), Woodstock, for appellant.
    for defendant: Cliff Head, Shannon Wallace, (Assistant District Attorney), Canton, for appellee.

    Case Number: A20A1760

    Court affirms defendant's conviction for trafficking of methamphetamines over her contentions of ineffective assistance of trial counsel.

  • Commonwealth v. Shaw

    Publication Date: 2021-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Superior Court
    Judge: Judge Murray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 21-0212

    The trial court erred in finding that a search of defendant's vehicle was permissible under Pennsylvania's automobile exception to the warrant requirement as the ruling conflicted with recent precedent, including Commonwealth v. Barr wherein the superior court held that the odor of marijuana coming from a vehicle during a traffic stop, alone, is not sufficient to establish probable cause. The superior court vacated and remanded.

  • Smallwood v. The State

    Publication Date: 2020-12-22
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Hunter Joseph Rodgers, Keegan Christian Gary, (Paulding County Public Defender's Office), Dallas, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Donald R. Donovan, Elisabeth Marie Giuliani, Anthony Brett Williams, (Paulding County District Attorney's Office), Dallas, for appellee.

    Case Number: S20A1274

    Conviction for Entering an Automobile Affirmed; OGCA §16-8-18 Is Not Unconstitutionally Vague and Does Not Encourage Arbitrary Enforcement

  • The People &c., Appellant, v. Robin Pena, Respondent.

    Publication Date: 2020-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals, New York State
    Judge: Unsigned MEMORANDUM
    Attorneys: For plaintiff: Paul A. Andersen, for appellant.
    for defendant: Morgan Everhart, for respondent.

    Case Number: No. 45

    People v. Robin Pena

  • Williams v. The State

    Publication Date: 2020-10-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Kevin Anderson, (Atlanta Judicial Circuit Office of the Public Defender), Atlanta, for appellant.
    for defendant: Barbara Sosebee, (District Attorney), Blue Ridge, Elizabeth Mackey, (Appalachian Circuit District Attorney's Office), Jasper, for appellee.

    Case Number: A20A0831

    Court affirms convictions for armed robbery and other crimes over defendant's contention of ineffective assistance of counsel and insufficient evidence

  • Clarke v. The State

    Publication Date: 2020-10-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Lawrence Lewis, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Andrea Alabi, Daniel Porter, (Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.

    Case Number: A20A1013

    Court affirms convictions for theft by receiving stolen property over defendant's objections to other acts evidence and contentions of ineffective assistance of counsel

  • Brooks v. The State

    Publication Date: 2020-09-18
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Matthew Kyle Winchester, (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Paul L. Howard, Jr., Lyndsey Hurst Rudder, Juliana Sleeper, (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: S20A0895

    Defense Counsel Not Ineffective For Pursuing Self-Defense Claim As Defense Against Murder Charge

  • Mitchell v. The State

    Publication Date: 2020-06-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: Gerard Kleinrock, (Attorney At Law), Decatur, Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Lenny Krick, (Assistant District Attorney-Stone Mountain Judicial Circuit), Decatur, Sherry Boston, (Dekalb County District Attorney), Decatur, for appellee.

    Case Number: A20A0754

    Court affirms vehicular homicide conviction over defendant's challenges to her indictment and contentions of trial court error

  • DeJesus-Vasquez v. Bethencourt

    Publication Date: 2020-03-10
    Practice Area: Civil Rights | Criminal Law
    Industry: State and Local Government
    Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
    Judge: District Judge Kenneth Karas
    Attorneys: For plaintiff: Pro se Plaintiff: Egberto DeJesus-Vasquez, White Deer, PA.
    for defendant: Counsel for Defendants Ramon Bethencourt, Jr., J. Miguel Rodrigues, Shawn Sullivan, Deborah Mills, and Gene T. Vignola: Alex J. Smith, Esq., Corporation Counsel of the City of Middletown, Middletown, NY. Counsel for Defendants David M. Hoovler and Robert H. Middlemiss: Karen D. Edelman-Reyes, Esq., New York County District Attorney's Office, New York, NY.

    Case Number: 19-CV-967

    Eleventh Amendment, Prosecutorial Immunity Bar Claims for Failure to Return Cars, Property

  • USA v. Johnson

    Publication Date: 2019-11-18
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Duncan
    Attorneys: For plaintiff:
    for defendant:

    Case Number: 17-11452

    A jury convicted appellant of illegally possessing drugs and guns.