• Frazier v. State

    Publication Date: 2010-08-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Mark J. Nathan, Assistant Public Defender, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Julayaun M. Waters, Assistant District Attorney, Savannah, for appellee.

    Case Number: A10A0304

    In light of victim's testimony and totality of evidence, no substantial likelihood of misidentification existed, so the trial court did not err in denying the defendant's motion to suppress the show

  • Hankla v. Jackson

    Publication Date: 2010-08-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Gregory T. Talley and Edward F. Preston Coleman Talley LLP, Valdosta, for appellant.
    for defendant: . Laura M. Shamp Brown & Shamp, Atlanta, for appellee.

    Case Number: A10A0077

    Plaintiff's experts were qualified with the exception of her non-medical expert's testimony on the breach of standard of

  • Martis v. State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Samir J. Patel Public Defender's Office, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Richard A. Hull, Assistant District Attorney, Cartersville, for appellee.

    Case Number: A10A0445

    Corroborated information from the confidential informant provided probable cause for issuance of a search wa

  • Wilder v. State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael O. Horgan, Washington, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, Kevin R. Majeska and Rindi L. Harbeson, Assistant District Attorneys, Thomson, for appellee.

    Case Number: A10A0059

    The trial court erred in sentencing the defendant as a recidivist, since he had a pending motion for new trial on his prior conviction and, therefore, his prior conviction was not

  • Bearfield v. State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Cerille B. Nassau, Jonesboro, for appellant.
    for defendant: Tracy G Lawson, District Attorney, and Anece Baxter, Assistant District Attorney, Jonesboro, for appellee.

    Case Number: A10A0655

    The defendant lured a 9-year-old victim into his apartment, forced her onto the couch, assaulted her and threw her from a second story ba

  • Richardson v. State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Robby A. King District Attorney's Office, Lawrenceville, for appellee.

    Case Number: A10A0331

    The defendant's 30-year sen did not amount to an act of retaliation for his rejection of a plea deal with a lower sen

  • Bautista v. State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Leah D. Madden Davis, Madden & Assocs. PC, Atlanta, for appellant.
    for defendant: David McDade, District Attorney, Ryan R. Leonard and James A. Dooley, Assistant District Attorneys, Douglasville, for appellee.

    Case Number: A10A1330

    First-degree vehicular homicide cases do not have to include aggravating factors such as speeding or driving while intoxicated, but instead can be proven by showing that a defendant caused the death

  • Smith v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: William M. Peterson, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Venita S. McCoy, Assistant District Attorney, Perry, for appellee.

    Case Number: A10A0316

    Defense counsel reasonably chose to avoid the repetition of testimony reflecting that the defendant had actual, physical possession of the drugs officers found in the vehicle in which he was sitting

  • Faulkner v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Daniel A. Summer Summer & Summer, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, and Alison W. Toller, Assistant District Attorney, Gainesville, for appellee.

    Case Number: A10A0183

    The enhanced images of a videotape depicting the drug sale in question did not support the defendant's mistaken identity

  • Arellano v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.

    Case Number: A10A0068

    The defendant failed to show that a reasonable probability existed that his trial's outcome would have differed, had defense counsel objected to the interviewing detective's improper testimony regar