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  • Wilson v. The State

    Publication Date: 2021-07-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Michael Wayne Tarleton, (Georgia Public Defender Council - Appellate Division), Atlanta, Veronica M. O'Grady, (Clayton County Public Defender), Morrow, Christina Rupp Cribbs, (Georgia Innocence Project), Atlanta, for Appellant.
    for defendant: Christopher Allen Arnt, (Lookout Mountain Judicial Circuit District Attorney's Office), LaFayette, Megan Camille Gaither, (Lookout Mountain Judicial Circuit District Attorney's Office), Ringgold, for Appellee.
    Case Number: S20G1295

    Court affirms convictions for child molestation and other crimes over defendant's claims that prior act evidence was inadmissible

  • Rivera v. The State

    Publication Date: 2018-12-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Edward Victor Cornel Silverbach, (Nicholson, Silverbach, & Watson) Kennesaw, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Haase Brock, (Department of Law), Atlanta; Paul L. Howard, Jr., David K. Getachew-Smith, Lyndsey Hurst Rudder, (Fulton County District Attorney's Office), Atlanta, for appellee
    Case Number: S18A1264

    No corroboration of accomplice testimony is required where an accomplice is not the only witness.

  • Smith v. The State

    Publication Date: 2018-12-26
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Jason Matthew Rea (Department of Law), Atlanta; James Bradley Smith, Erica Patrick Shepley, A.D.A., (Piedmont Judicial Circuit District Attorney's Office), Jefferson, for appellee
    Case Number: S18A1191

    No directed verdict on false imprisonment charges where the State met its burden of proof of that charge.

  • Thorpe v. The State

    Publication Date: 2018-09-04
    Practice Area: Criminal Appeals | Criminal Law
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Gerald Ashland Griggs, (Gerald A. Griggs, LLC), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, (Department of Law), Atlanta, Paul L. Howard, Jr, David K. Getachew-Smith, Sr., Lyndsey Hurst Rudder, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0732

    Court Rejects by Murder

  • Wade v. The State

    Publication Date: 2018-07-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Matthew K. Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Michael Alexander Oldham, Christopher M. Carr (Department of Law), Atlanta; Anna Green Cross, Sherry Boston, Otobong U. Ekpo (DeKalb County District Attorneys Office), Decatur, for appellee.
    Case Number: S18A0327

    Although the evidence supported defendant's convictions for murder and related offenses arising out of the beating death of his girlfriend's 18-month-old son, the Court vacated his sentence and remanded for resentencing because the trial court erred in failing to merge certain counts.

  • In The Interest Of K.S., A Child.

    Publication Date: 2018-05-30
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: James John Anagnostakis (Anagnostakis Law Group), Douglasville, for appellant.
    for defendant: Kristi Lee Winstead Wilson, Brian Keith Fortner, Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S17G1344

    Decisions Regarding Transfer of Juveniles to Superior Court Are Directly Appealable to Court of Appeals

  • Goodrum v. The State

    Publication Date: 2018-04-26
    Practice Area: Constitutional Law | Criminal Law
    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, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Monique Lynn Kirby, Edward Andrew Case III (Coweta Judicial Circuit District Attorney's Office), LaGrange; Peter J. Skandalakis (Prosecuting Attorneys Council of Georgia), Morrow, for appellee.
    Case Number: S17A1748

    Defendant Had No Constitutional Right to Be Present When Attorneys Met in Chambers With Judge to Discuss Juror's Qualification

  • Womac v. The State

    Publication Date: 2018-01-02
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Michael Robert McCarthy (Mike McCarthy, Criminal Defense Lawyer), Rocky Face, for appellant.
    for defendant: Herbert McIntosh Poston, Jr., Victoria Keely Parker, (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: S17A1385

    The Supreme Court affirmed defendant's convictions and sentences for aggravated sexual battery, child molestation, cruelty to children in the first degree and false imprisonment and found that his life sentence for aggravated sexual battery did not constitute cruel and unusual punishment in violation of the Georgia Constitution.

  • In the Interest of M. D. H.

    Publication Date: 2016-11-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Cory P. DeBord Carver DeBord PC, Canton, for M. D. H.. Shannon G. Wallace, District Attorney, Cliff Head, and Wallace W. Rogers Jr., Assistant District Attorneys, Canton, for State in Case No. S16G0428. Stephen A. Bradley, District Attorney, and Joseph M. McKinnon, Assistant District Attorney, Milledgeville, for State in Case No. S16G0546. Bethany A. Begnaud Public Defender's Office, Milledgeville, for D. V. H..
    for defendant:
    Case Number: S16G0428; S16G0546

    When State fails to file a delinquency petition against a juvenile who is not detained within 30 days of the filing of the complaint or to seek an extension of that deadline from the juvenile court,

  • Pyatt v. State

    Publication Date: 2016-03-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Bentley C. Adams III Public Defender's Office, Columbus, for appellant.
    for defendant: Julia A. F. Slater, District Attorney, Robert B. Bickerstaff II, Senior Assistant District Attorney, Columbus, 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: S15A1734

    The evidence was sufficient to support the defendant's convictions for felony murder and two aggravated assaults, whether as a principal or only an accom