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  • Mack v. The State

    Publication Date: 2019-09-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Robert Lawrence Persse, Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien, (Department of Law), Atlanta, Matthew Breedon, Margaret Ellen Heap, (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S19A0947

    Admission of Police Interviewer's Comment That Embraced Ultimate Issue at Trial Was Neither Prejudicial Nor Statutorily Barred

  • The State v. Turnquest

    Publication Date: 2019-06-10
    Practice Area: Constitutional Law | 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, Daniel J. Porter, Brian Walton Whiteside, Samuel Richard d'Entremont, Christopher Mark DeNeve, (Gwinnett County Solicitor General), Lawrenceville, Decatur, Lawrenceville, for appellant.
    for defendant: Fakiha Khan, (Law Office of Fakiha Khan, P.C.), Suwanee, Kendra Foster Mitchell, (Law Office of Fakiha Khan, P.C.), Johns Creek, for appellee.
    Case Number: S19A0157

    Court overrules its precedent and concludes that no Miranda warning is required before administration of a breath test

  • Licata v. The State

    Publication Date: 2019-04-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Woodrow Scott Smith, (W. Scott Smith, P.C.), Atlanta, Matthew K. Winchester, (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: William Aubrey Finch, Adam Eugene Keller, (Forsyth County Solicitor General's Office), Cumming, for appellee. Jimmonique R. S. Rodgersm Brandon A. Bullard, James C. Bonner, Jr., (Georgia Public Defender Council), Atlanta, David Edward Clark, (Clark & Towne, P.C.), Lawrenceville, Andrew Santos Fleischman, (Ross & Pines, LLC), Atlanta, Joseph Scott Key, (Miller & Key, PA), McDonough, for Amicus Appellant. Patricia B. Attaway Burton, Ross Warren Bergethon, Paula Khristian Smith, Andrew Alan Pinson, Christopher M. Carr, Tina Michelle Piper, David Scott McLaughlin, Jameson B. Bilsborrow, (Department of Law), Atlanta, Peter J. Skandalakis, Robert Wright Smith, Jr., Gilbert Alexander Crosby, (Prosecuting Attorneys' Council of Georgia), Morrow, George Herbert Hartwig, III, (Houston County District Attorney's Office), Perry, Lee Darragh, (Northeastern Circuit District Attorney's Office), Gainesville, Matthew Carl Krull, (Douglas County Solicitor General's Office), Douglasville, Samuel Richard d'Entremont, (Gwinnett County District Attorney's Office), Lawrenceville, for Amicus Appellee.
    Case Number: S18G0563

    Court Rejects Challenge to Admissibility of Roadside Sobriety Test Results Upon Concluding That Suspect Was Not in Custody but Reaffirms Commitment to Rule Against Presenting Refusal to Submit to a Breath Test and Orders Suppression of Refusal Evidence

  • Tucker v. Atwater et al.

    Publication Date: 2018-06-25
    Practice Area: Constitutional Law | Government
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: S18C0437

    The Supreme Court denied teacher's petition for certiorari after the Court of Appeals reversed the denial of summary judgment to county school officials in teacher's suit under 42 USC § 1983 alleging that officials violated her First Amendment rights by disciplining her after she posted a particular comment on a social media website.

  • Caffee v. The State

    Publication Date: 2018-05-29
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Gregory A. Hicks (Law Offices of Gregory A. Hicks), Woodstock, for appellant.
    for defendant: David Martin McElyea, Jessica K. Moss, Carlton Todd Hayes (Cherokee County Solicitor General's Office), Canton, for appellee.
    Case Number: S17G1691

    Probable Cause Will Not Justify Warrantless Search Absent Exception to Warrant Requirement

  • Kemp v. The State

    Publication Date: 2018-03-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Konrad Gerhard Waldemar Ziegler, Christopher Ryan Lee (Lee & Ziegler, LLP), Canton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Matthew Min-soo Youn, Christopher M. Carr (Department of Law), Atlanta; Michael Scott Carlson, John Stuart Melvin, D. Victor Reynolds, John Richard Edwards (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17A1646

    The evidence supported defendants' convictions for malice murder and other crimes in connection with a planned robbery that turned fatal and the trial court properly admitted a former police informant's testimony about statements one of the defendants made to him while they were in jail together, as the former informant was not acting as a government agent at that time.