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  • Byers v. The State

    Publication Date: 2021-04-30
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: John R. Monroe, (John Monroe Law, PC), Dawsonville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Paul L. Howard, Jr., Barbara Alison Sosebee. Nicholas Donald Nunn, (Appalachian Judicial Circuit District Attorney's Office), Blue Ridge, Jessica Garmon Cantrell, Elizabeth Brogden Mackey, (Pickens County District Attorney's Office), Jasper, Elizabeth Rosenwasser, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S21A0296

    Any Error in Failing to Admit Defense Witness Testimony Was Harmless; Jury Would Still Have Been Highly Likely to Find Defendant Guilty of Murder

  • Pender v. The State

    Publication Date: 2021-04-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Cara Clark, (Georgia Public Defender Council Appellate Division), Fayetteville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Julia Anne Fessenden Slater, (Chattahoochee Judicial Circuit District Attorney's Office), Columbus, Benjamin E. Gephardt, (Brunswick Judicial Circuit District Attorney's Office), Brunswick, for appellee.
    Case Number: S20A1505

    Admission of Other Co-Defendants' Redacted Statements to Police Was Not Bruton Error

  • Swinson v. The State

    Publication Date: 2021-03-29
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Jami L. Lewis, (Harrell & Lewis, LLC), Camilla, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, William C. Enfinger, (Department of Law), Atlanta, Thomas Craig Earnest, Ronald Victor McNease, (Pataula Circuit District Attorney's Office), Blakely, for appellee.
    Case Number: S21A0396

    Defendant Had No Reasonable Expectation of Cell Phone Records Privacy Under Earlier Case Law

  • Kitchens v. The State

    Publication Date: 2021-02-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Aaron Scott Palmer, (Middle Judicial Circuit Public Defender's Office), Swainsboro, for appellant.
    for defendant: Samuel Howard Altman, Kelly J. Weathers, (Middle Judicial Circuit District Attorney's Office), Swainsboro, Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, for appellee.
    Case Number: S20A1230

    Any Error in Admitting Hearsay Evidence Was Harmless in Light of Other Strong Evidence Against Defendant

  • Harper v. The State

    Publication Date: 2021-02-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Stephen Randall Scarborough, (Office of the Public Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Rosenwasser, (Department of Law), Atlanta, Paul L. Howard, Jr., Lyndsey Hurst Rudder, Tristan Wade Gillespie, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S20A1288

    Court affirms malice murder conviction over defendant's challenges to admission of recordings of interviews he gave before and after his arrest

  • Flanders v. The State

    Publication Date: 2021-01-08
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: S20G0464

    Court vacates denial a defendant's motion to withdraw a guilty plea and remands case for consideration of her Brady claims that were filed in an amended motion

  • Schell v. The State

    Publication Date: 2021-01-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Joseph C. Timothy Lewis, (JCTL Law), Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, William C. Enfinger, (Department of Law), Atlanta, Jacquelyn Lee Johnson, Thomas Edward Buscemi, (Brunswick Judicial Circuit District Attorney's Office), Woodbine, for appellee.
    Case Number: S20A1383

    Evidence Was Sufficient to Support Convictions for Malice Murder and Other Crimes in Connection With Death of Defendant's Mother

  • Goins v. The State

    Publication Date: 2020-11-17
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Richard Carter Armond, (The Armond Firm, LLC), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Daniel J. Porter, Lee Franklin Tittsworth, Daryl E. Manns, Daniel Sanmiguel, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S20A0847

    Defendant Failed to Show That Police Detective Acted in Bad Faith in Failing to Preserve Evidence

  • Horton v. The State

    Publication Date: 2020-11-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Jackie Lynn Tyo, (Office of the Appellate Defender), Atlanta, Brandon A. Bullard, (The Bullard Firm, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Samuel H. Altman, Jessica Black Wilson, (Middle Judicial Circuit District Attorney's Office), Lyons, for appellee.
    Case Number: S20A0799

    Defendant's Burning of Murder Victim's House, Plus Defendant's Statement That He Intended to 'Finish It,' Was Evidence of His Intent to Conceal the Murder

  • Blackshear v. The State

    Publication Date: 2020-08-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Gregory Davis Smith, (Conger & Smith, LLC), Bainbridge
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien, (Department of Law), Atlanta, Michael L. Bankston, (Twitty & Bankston), Camilla, Joseph Kenneth Mulholland, Moruf O. Oseni, (South Georgia Judicial Circuit District Attorney's Office), Bainbridge, for appellee.
    Case Number: S20A0713

    Trial Court Did Not Fail to Exercise "Thirteenth Juror" Discretion in Denying New Trial Motion on General Grounds