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  • Mann v. The State

    Publication Date: 2020-02-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Mark Hong Chol Yun, (Newton County Pubic Defender's Office), Covington, Anthony Scott Carter, (Alcovy Judicial Circuit Public Defender), Monroe, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick, (Department of Law), Atlanta, Layla Hinton Zon, Candice Leigh Branche, (Alcovy Judicial Circuit District Attorney's Office), Covington, for appellee.
    Case Number: S19A1256

    Court affirms denial of murder defendant's new trial motion over his multiple arguments of insufficient evidence, trial court error, and ineffective assistance of counsel

  • Ford v. Tate

    Publication Date: 2019-12-26
    Practice Area: Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Tayo Popoola, Sabrina Dawn Graham, Christopher M. Carr, Patricia B. Attaway Burton, (Department of Law), Atlanta, for appellant.
    for defendant: Mark Evan Olive, (Law Office of Mark E. Olive, P.A.), Tallahassee, Vanessa J. Carroll, (Georgia Resource Center), Atlanta, for appellee.
    Case Number: S19A0825

    Habeas Court Erred in Concluding That Trial Counsel Was Prejudicially Deficient in Presenting Mitigating Evidence at Sentencing Trial

  • Worthen v. The State

    Publication Date: 2019-02-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Clifford Louis Kurlander, (Georgia Public Defender Council Appellate Division), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien, (Department of Law), Atlanta, Paul L. Howard, Jr., Stephany Julissa Luttrell, Lyndsey Hurst Rudder, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A1212

    Court Affirms Conviction of Murderer Who Claimed That State Failed to Prove Venue When Shooting Took Place Near County Border, Overruling Series of Cases That Had Prohibited Jury from Finding Venue Based on Circumstantial Evidence

  • Franklin v. The State

    Publication Date: 2018-04-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Jerilyn Lyshette Bell, Josh David Moore, Gerald P. Word (Georgia Capital Defenders), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Emily Kathleen Richardson, Brian Keith Fortner, Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S17A1599

    The trial court properly concluded that it had no authority to determine prior to trial whether the aggravating circumstances State alleged would be sufficiently proved by the evidence to support the imposition of the death penalty.

  • Franklin v. The State

    Publication Date: 2018-03-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Jerilyn Lyshette Bell, Josh David Moore, Gerald P. Word (Georgia Capital Defenders), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Emily Kathleen Richardson, Brian Keith Fortner, Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S17A1599

    The trial court properly concluded that it had no authority to determine prior to trial whether the aggravating circumstances State alleged would be sufficiently proved by the evidence to support the imposition of the death penalty.

  • Peoples v. State

    Publication Date: 2014-04-17
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: J. Scott Key, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, James A. Dooley, Emily K. Richardson, Assistant District Attorneys, Douglasville, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Meghan H. Hill, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A1893

    The Supreme Court was divided 4-3 in affirming the defendant's convictions for felony murder and related c

  • Southern LNG Inc. v. MacGinnitie

    Publication Date: 2014-03-06
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Lisa F. Stuckey, Herbert H. Gray III, Brian J. Morrissey, and William J. Seigler III Ragsdale, Beals, Seigler, Patterson & Gray LLP, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, William W. Banks Jr., Warren R. Calvert, Senior Assistant Attorneys General, and Alex F. Sponseller, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A1486

    On remand, the trial court must address questions regarding whether county tax appeals constitute an adequate alternative remedy precluding the plaintiff's mandamus claim seeking to compel the State

  • Fair v. State

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC and Elizabeth V. Rogan, Atlanta, for Fair. Jeffrey L. Grube, Warner Robins, and James S. Stokes, Atlanta, for Jolly. Howard Z. Simms, District Attorney, Kimberly S. Schwartz, Assistant District Attorney, Garrison A. Wood District Attorney's Office, Macon, Thurbert E. Baker, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Laura J. Murphree Prosecuting Attorneys' Council, Atlanta, for appellee.
    for defendant:
    Case Number: S10A1034; S10A1035

    O.C.G.A. § 17-10-30 b 8 does not require the defendant's knowledge that the victim was a peace officer to impose a death penalty on a defendant, who killed a peace officer conducting a no-knock wa