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May 30, 2020 | National Law Journal

Former Georgia Supreme Court Chief Justice Speaks on the Week's Incidents as Atlanta, Other U.S. Cities Face Turmoil: '[F]rankly, We're Exhausted.'

Atlanta's mayor, a practicing lawyer before she entered public service, showed how black mothers fear for their sons while railing against the "chaos' that disgraced the legacy of hometown hero Martin Luther King Jr. A former chief justice of the state Supreme Court expressed via social media African Americans' exhaustion and frustration with racism.

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The State v. Lane

Publication Date: 2020-03-03
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Justice Peterson
Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Sherry Boston, Destiny H. Bryant, Jason Matthew Rea, (Dekalb County District Attorney's Office), Decatur, for appellant.
for defendant: Donald Franklin Samuel, (Garland, Samuel & Loeb, P.C.), Atlanta, for appellee.
Case Number: S19A1424

Georgia Courts Considering Whether a Criminal Defendant Is Entitled to a New Trial Should Consider the Prejudicial Effect of Trial Court Errors and Deficient Counsel Performance

Morgan v. The State

Publication Date: 2020-02-13
Practice Area: Criminal Law | Evidence
Industry:
Court: Georgia Supreme Court
Judge: Justice Ellington
Attorneys: For plaintiff: Jackie Lynn Tyo, Brandon A. Bullard, (Office of the Appellate Defender), Atlanta, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Mark Samuel Lindemann, (Department of Law), Atlanta, Margaret Ellen Heap, Jennifer Leigh Parker, Emily Catherine Puhala, (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
Case Number: S19A1261

Court affirms denial of new trial motion of defendant found guilty but mentally ill in the drowning death of her infant daughters.

Gebhardt v. The State

Publication Date: 2020-01-14
Practice Area: Criminal Law | Evidence
Industry:
Court: Georgia Supreme Court
Judge: Chief Justice Melton
Attorneys: For plaintiff: Jason Scott Johnston, (Virgil L. Brown & Associates), Zebulon, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Katherine DeRosa Emerson, Christopher M. Carr, (Department of Law), Atlanta, Benjamin David Coker, Brittany Ashton Fallin, (Griffin Judicial Circuit District Attorney's Office), Griffin, Marc A. Mallon, (Fulton County District Attorney's Office), Atlanta, for appellee.
Case Number: S19A1582

Evidence at Trial Was Sufficient to Support Conviction of Malice Murder in Connection with Torture and Stabbing That Took Place in 1983

Shaw v. The State

Publication Date: 2019-12-24
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Justice Bethel
Attorneys: For plaintiff: Steven Mitchell Harrison, (Oconee Circuit Public Defender Oconee Cirucit), Eastman, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien, (Department of Law), Atlanta. Timothy Grady Vaughn, Keely Kight Pitts, (Oconee Judicial Circuit District Attorney's Office), Eastman, for appellee.
Case Number: S19A0789

Defendant Waived Right to Counsel at Pre-Trial Hearing; Prior Violent Acts Against Witness Sufficiently Showed Course of Conduct

Holmes v. The State

Publication Date: 2019-09-25
Practice Area: Evidence
Industry:
Court: Georgia Supreme Court
Judge: Justice Bethel
Attorneys: For plaintiff: Charles Anthony Jones, Jr., (Jones Appellate Law Practice), Marietta, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Matthew Min-soo Youn, Christopher M. Carr, (Department of Law), Atlanta, Joshua Bradley Smith, Natalie Spires Paine, (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.
Case Number: S19A0559

Trial Court Failed to Exercise its Discretion to Act as the 'Thirteenth Juror' in Ruling Upon Defendant's Motion for a New Trial

Bannister v. The State

Publication Date: 2019-07-30
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Presiding Justice Nahmias
Attorneys: For plaintiff: Bruce Steven Harvey, (Law Offices of Bruce S. Harvey), Atlanta, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr, (Department of Law), Atlanta, Daniel J. Porter, Lee Franklin Tittsworth, Samuel Richard d'Entremont, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
Case Number: S19A0418

Trial Court Did Not Abuse Discretion in Giving Allen Instruction After Early Indication Jury Was Deadlocked

The State v. Burns

Publication Date: 2019-07-10
Practice Area: Constitutional Law | Evidence
Industry:
Court: Georgia Supreme Court
Judge: Justice Benham
Attorneys: For plaintiff: Shannon Glover Wallace, Cliff Head, (Cherokee County District Attorney's Office), Canton, Randall Joseph Ivey, (District Attorney Office for Blue Ridge Judicial Circuit), Canton, for appellant.
for defendant: Scott Thomas Poole, Michael Anthony Ray, (Grisham & Poole, P.C.), Canton, for appellee. Michael Scott Carlson, (Georgia Bureau of Investigation), Decatur, D. Victor Reynolds, John Stuart Melvin, Charles Prescott Boring, John Richard Edwards, Amelia Greeson Pray, Jaret Teague Usher, (Cobb County District Attorney's Office), Marietta, for Amicus Appellant. James L. Ford, Sr., (James Lee Ford, P.C.), Atlanta, for Amicus Appellee.
Case Number: S18G1354

Court overrules its precedent and concludes that Evidence Rule 403 does not preclude admission of witness's prior false allegations in sexual misconduct case

White v. The State

Publication Date: 2019-02-22
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Chief Justice Melton
Attorneys: For plaintiff: Andrew Santos Fleischman, Noah Howard Pines, (Ross & Pines, LLC), Atlanta, for appellant.
for defendant: Layla Hinton Zon, (Alcovy Judicial Circuit District Attorney's Office), Covington, for appellee.
Case Number: S18G0365

Court Affirms Conviction of Sexual Predator Despite Erroneous Admission of Evidence of Alleged Victim's Sexual History in Contravention of Georgia's Rape Shield Law After Victim Testified That She Had Sexually Abused Others After Being Abused by Defendant

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