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  • Mims v. The State

    Publication Date: 2019-02-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Micah Jay Gates, Natalie Katherine Glaser, (Office of The Public Defender for The Conasuaga Judicial Circuit), Dalton, for appellant.
    for defendant: Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton, Meghan Hobbs Hill, (Department of Law), Atlanta, Herbert McIntosh Poston, Jr., (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: S18A1208

    Court Affirms Conviction of Murderer Who Killed Store Clerk During Robbery Spree but Reverses Theft Conviction Where Trial Counsel Failed to Pursue Motion to Sever Lesser Charges Stemming from Earlier-Committed Offenses

  • Bennett v. The State

    Publication Date: 2019-01-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Martin H. Eaves, Waycross, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien, (Department of Law), Atlanta, George Elemuel Barnhill, (Waycross Judicial Circuit District Attorney's Office), Waycross, for appellee
    Case Number: S18A1157

    Court Affirms Conviction of Murderer Who Killed His Ex-wife and Burned Her Body to Cover Up His Crime but Later Claimed Accident and Self-Defense

  • Thompson v. The State

    Publication Date: 2018-08-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Damarius Thompson, Helena, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Burke Olivia Doherty (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0497

    Prior Inconsistent Statements Properly Admitted to Impeach Testimony of Reluctant Prosecution Witness

  • Eller et al. v. The State

    Publication Date: 2018-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Matthew K. Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Aimee F. Sobhani, Christopher M. Carr (Department of Law), Atlanta; Rosemary M. Greene, Sharon Moyer Fox, Paula Khristian Smith, Elizabeth Marian York (Cherokee Judicial Circuit District Attorney's Office), Calhoun, for appellee.
    Case Number: S17A1549

    The evidence sufficiently supported a brother and sister's convictions for killing the sister's boyfriend and leaving his body in the back of his abandoned truck and although the trial court erred in allowing the alternate jurors to retire with the other jurors during deliberations, defendants failed to show that the error harmed them.

  • Kemp v. The State

    Publication Date: 2018-03-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Konrad Gerhard Waldemar Ziegler, Christopher Ryan Lee (Lee & Ziegler, LLP), Canton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Matthew Min-soo Youn, Christopher M. Carr (Department of Law), Atlanta; Michael Scott Carlson, John Stuart Melvin, D. Victor Reynolds, John Richard Edwards (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17A1646

    The evidence supported defendants' convictions for malice murder and other crimes in connection with a planned robbery that turned fatal and the trial court properly admitted a former police informant's testimony about statements one of the defendants made to him while they were in jail together, as the former informant was not acting as a government agent at that time.

  • Morrison v. The State

    Publication Date: 2018-03-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Richard Morrison, Pelham, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Tracy K. Chapman, Bradfield M. Shealy, Michelle Thomas Harrison (Southern Judicial Circuit District Attorney's Office), Valdosta.
    Case Number: S17A1750

    The evidence supported defendant's malice murder conviction in connection with the death of his girlfriend and defendant failed to prove his several prosecutorial misconduct and ineffective assistance of counsel claims.

  • Miller v. The State

    Publication Date: 2018-03-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Eric J Taylor (Office of the Public Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard, Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder, Marc A. Mallon (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1578

    The jury was authorized to find that the evidence, although circumstantial, was sufficient to exclude every other reasonable hypothesis save that of guilt in defendant's trial for malice murder and concealing the death of another in connection with the death of her ex-girlfriend.