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  • April 18, 2018 | Daily Report Online

    High Court Says Judge Declared Mistrial Too Soon

    "The trial court declared the mistrial without sufficient factual support and without considering less drastic alternatives," Justice David Nahmias wrote. "We reverse."

    1 minute read

  • The State v. Orr

    Publication Date: 2018-04-18
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Emily Johnson (District Attorney's Office Rome Judicial Circuit), Rome; Leigh Patterson (District Attorney), Rome; Luke Martin (Floyd County District Attorney), Rome, for appellant.
    for defendant: Benjamin Pierman (McCurdy & Candler LLC), Decatur, for appellee.
    Case Number: A17A2096

    The trial court did not err in granting defendant's motion for new trial following his convictions for family violence battery and cruelty to children in the third degree because the prosecutor impermissibly commented on defendant's pre-arrest silence in her closing argument and the error was not harmless.

  • WXIA-TV et al. v. State Of Georgia et al.

    Publication Date: 2018-04-16
    Practice Area: Communications and Media | Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Stephen Derek Bauer, Ian Kyle Byrnside, Cody S. Wigington (Baker & Hostetler LLP), Atlanta, for appellant.
    for defendant: Clifford Paul Bowden (Tifton Judicial Circuit District Attorney's Office), Tifton, for appellee. Robert Sparks Highsmith, Jr., Allen Andre Hendrick (Holland & Knight LLP), Atlanta, for amicus appellant. John Robert Mobley, II, Michael Walter Gowen (Tifton Circuit Public Defender's Office), Tifton; Thomas MacIver Clyde, Lesli Nicole Gaither (Kilpatrick Townsend & Stockton LLP), Lawrence Lee Bennett, Jr. (L. Lee Bennett Jr, P.C.), Atlanta; David E. Hudson (Hull Barrett, PC), Augusta, for other party.
    Case Number: S17A1804

    In a high-profile murder case, the Supreme Court vacated a gag order that restrained certain classes of persons from making extrajudicial, public statements on certain subjects related to the case for so long as it remained pending, holding that the record did not reveal circumstances sufficiently exceptional to warrant such a restraint.

  • April 13, 2018 | New York Law Journal

    Same Evidence, but New Challenges for Prosecutors in Silver Retrial

    Jury selection is set to begin in the second bribery trial of former New York State Assembly Speaker Sheldon Silver, as prosecutors are expected to present much of the same elements of a case that in 2015 won them a conviction on more than seven counts.

    1 minute read

  • Hand Down List decided on: April 11, 2018

    Publication Date: 2018-04-13
    Practice Area: Civil Appeals | Criminal Appeals
    Industry:
    Court: Appellate Division, Second Department
    Judge: Unsigned
    Attorneys: For plaintiff:
    for defendant:
    Case Number: DOCKET

    Appellate Division, Second Department: April 11, 2018

  • Taylor v. The State

    Publication Date: 2018-04-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Christina Rupp Cribbs, Jacob Dennis Rhein (Georgia Public Defender Council - Appellate Division), Atlanta; Russell Robert Jones (Office of the Public Defender), Springfield, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Joshua Bradley Smith, Natalie Spires Paine, Rebecca Ashley Wright (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.
    Case Number: S17A1627

    The trial court did not err in admitting certain evidence in defendant's trial for the murder of an elderly disabled man for whom defendant provided live-in care.

  • Appellate Division, Second Department: April 10, 2018

    Publication Date: 2018-04-12
    Practice Area: Civil Appeals | Criminal Appeals
    Industry:
    Court: Appellate Division, Second Department
    Judge: Unsigned
    Attorneys: For plaintiff:
    for defendant:
    Case Number: DOCKET

    Appellate Division, Second Department: April 10, 2018

  • Anthony v. The State

    Publication Date: 2018-04-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Michael Harvey Saul, Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Vanessa Therese Meyerhoefer, Christopher M. Carr, John Stuart Melvin (Cobb County District Attorney's Office), Marietta; Michael Scott Carlson, John Richard Edwards, Jesse David Evans, D. Victor Reynolds, John Stuart Melvin (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17A1722

    The evidence supported defendants' convictions for murder after they beat a man and left him unconscious on a darkened roadway, where he was struck by a car and killed, but did not support defendants' convictions for criminal gang activity involving an affray, as there was no evidence that the victim was a willing participant in a fight.

  • April 11, 2018 | Daily Business Review

    Trump Picks Winsor, Berger to Serve as Federal District Judges

    President Donald Trump tapped two Florida appellate judges with ties to Attorney General Pam Bondi and former Gov. Jeb Bush to serve as federal district judges.

    1 minute read

  • April 10, 2018 | Daily Report Online

    Former Prosecutors, Judges Join Bid to Upend Conviction in Case of Race-Screened Jury

    High-profile Georgia lawyers have thrown their weight behind an effort to overturn a decades-old conviction based on the recent discovery that prosecutors in a 1977 murder case allegedly kept African-Americans off the jury and kept track of them by noting the letter "N" beside their names.

    1 minute read