• In the Matter of John F. Woodham

    Publication Date: 2015-02-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Paula J. Frederick, General Counsel, and Jenny K. Mittelman State Bar of Georgia, Atlanta. John F. Woodham Woodham Law LLC, Atlanta. Anthony B. Askew, Chairperson Review Panel, Bryan M. Cavan Miller Martin PLLC, Atlanta, and Thomas E. Cauthorn III Cauthorn Nohr Owen, Marietta. Neutral Amicus: Matthew J. Calvert, Douglass P. Selby Hunton Williams LLP, and Rosalind A. Rubens-Newell The Atlanta Development Authority, Atlanta.
    for defendant:

    Case Number: S14Y0700

    The Supreme Court dismissed the disciplinary proceedings against an attorney, finding that the State Bar failed to prove by clear and convincing evidence that the attorney violated the Rules as al

  • Wetherington v. State

    Publication Date: 2015-02-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Michael Wetherington, Abbeville, proceeded pro se. J. David Miller, District Attorney, Jessica W. Clark, Assistant District Attorney, Valdosta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    for defendant:

    Case Number: S14A1525

    The trial court properly denied the defendant's motion for an out-of-time a from his convictions based on a guilty plea, as he failed to show that he had a right to file a timely direct a

  • Babbage v. State

    Publication Date: 2015-01-22
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Musa M. Ghanayem Ghanayem Rayasam LLC, Mark J. Issa The Issa Law Firm PC, Atlanta, and Jonathon J. Majeske, Norcross, for Babbage. Anthony S. Carter, Public Defender, Monroe, for Hall. Robert D. James Jr., District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Matthew B. Crowder, Assistant Attorney General, Gary D. Bergman, Charles C. Olson in Case No. S14A1286 only, Charles A. Spahos in Case No. S14A1286 only, and Joseph F. Burford in Case No. S14A1287 only Prosecuting Attorneys' Council of Georgia, Atlanta, for State.
    for defendant:

    Case Number: S14A1286; S14A1287

    Life imprisonment without the possibility of parole is an authorized punishment for murder under O.C.G.A. § 16-5-1 regardless of whether the State sought the death pe

  • December 17, 2014 |

    Taylor Morrison Servs., Inc. v. HDI-Gerling Am. Ins. Co.

    Click Here for FC&S Legal Expert Analysis Taylor Morrison Servs., Inc.v.HDI-Gerling Am. Ins. Co.293 Ga. 456Supreme Court of Georgia.TAYLOR MORRISON…

    1 minute read

  • Lejeune v. McLaughlin

    Publication Date: 2014-11-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Adam M. Hames The Hames Law Firm LLC, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee. Amicus Appellee: Paul L. Howard Jr., District Attorney, and Paige R. Whitaker, Deputy District Attorney, Atlanta.

    Case Number: S14A1155

    In habeas cases, the petitioner bears the burden of proving that his guilty plea was not voluntary, knowing and intelligent; the Supreme Court overruled Purvis v. Connell, 227 Ga. 764 1971, and its

  • Drake v. State

    Publication Date: 2014-11-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Richard M. Darden Darden Law Firm, Savannah, for appellant.
    for defendant: Margaret E. Heap, District Attorney, Sarah L. Moorhead, Reginald C. Martin District Attorney's Office, Savannah, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ryan A. Kolb, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S14A0935

    Statements the defendant made to officers in his first interview, prior to being Mirandized, were properly obtained and admissible, since the defendant was not in custody at the time he made

  • Francis v. State

    Publication Date: 2014-11-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Teresa L. Smith, Public Defender, Covington, for appellant.
    for defendant: Layla H. Zon, District Attorney, Melanie M. Bell, Assistant District Attorney, Covington, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S14A0877

    Although there was evidence of ongoing difficulties and past acts of violence committed by the victim against the defendant, there was no evidence of any specific provocation at or around the time o

  • Colton v. State

    Publication Date: 2014-11-20
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Jennifer A. Trieshmann Public Defender's Office, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Robert N. Peterkin, Assistant District Attorney, Greenville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ryan A. Kolb, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S14A0703

    No evidence showed that the defendant was incapable of understanding and knowingly waiving his Miranda rights, despite his recorded I.Q.

  • Russell v. State

    Publication Date: 2014-10-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: John W. Kraus Public Defender's Office, Jonesboro, for appellant.
    for defendant: Robert D. James Jr., District Attorney, Deborah D. Wellborn, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S14A0795

    The evidence did not support a jury charge on voluntary manslaughter in the defendant's trial for killing his estranged wife and another

  • Compton v. Jackson

    Publication Date: 2014-10-09
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Christian A. Fuller, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S14A0663

    The defendant did not show that his trial counsel was ineffective in failing to object to the trial court's excusal of a juror based on a conversation that occurred outside the presence of the defen