• Elliott v. The State

    Publication Date: 2019-03-08
    Practice Area: Constitutional Law | Criminal Law
    Industry: Automotive
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Gregory Allen Willis, (Willis Law Firm), Atlanta, Jared Thomas Hall, (Thomas, Webb & Willis LLC), Atlanta, for appellant.
    for defendant: William Washington Fleenor, Ethan Merritt Makin, (Athens-Clarke County Solicitor General's Office), Athens, Kenneth W. Mauldin, (Western Judicial Circuit District Attorney's Office), Athens, for appellee. Daniel J. Sabol, (Luftman, Heck & Associates LLP), Columbus, Donald Timothy Huey, Blaise J. Katter, (Huey Defense Firm), Columbus, for Amicus appellant. Patricia B. Attaway Burton, David Scott McLaughlinm, Paula Khristian Smith, Andrew Alan Pinson, Christopher M. Carr, Jameson B. Bilsborrow, (Department Of Law), Atlanta, for Amicus Appellee. Margaret Ellen Heap, (Office of The District Attorney Eastern Judicial Circuit), Savannah, Joseph Scott Key, (Miller & Key, PA), McDonough, William Aubrey Finch, (Forsyth County Solicitor General's Office), Cumming, David Holmes, (Cherokee County District Attorney's Office), Canton, Samuel Richard d'Entremont, (Gwinnett County District Attorney's Office), Lawrenceville, for Neutral Amicus. Patricia B. Attaway Burton, Ross Warren Bergethon, David Scott McLaughlin, Paula Khristian Smith, Andrew Alan Pinson, Christopher M. Carr, Jameson B. Bilsborrow, (Department Of Law), Atlanta, for Amicus Appellee. Gilbert Alexander Crosby, Peter J. Skandalakis, Robert Wright Smith, Jr., (Prosecuting Attorney's Council of Georgia), Morrow, for Neutral Amicus.

    Case Number: S18A1204

    Under Georgia Constitution, Motorist's Invocation of Right to Refuse Blood Alcohol Test Could Not Be Admitted Against Her at Trial

  • Stribling v. The State

    Publication Date: 2018-09-05
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Richard O. Allen, Atlantic Beach, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, (Department of Law), Atlanta, Andrew J. Ekonomou, (Brunswick Judicial Circuit District Attorney's Office), Brunswick, Jacquelyn Lee Johnson, (Brunswick Judicial Circuit District Attorney's Office), Woodbine, Richard A. Malone, (Office of The District Attorney), Jesup, for appellee.

    Case Number: S18A0595

    Defendant's actions were the proximate cause of a victim's death, where victim died after removal of life support

  • 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

  • Leanos v. The State

    Publication Date: 2018-05-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Arturo Corso (The Corso Law Center LLC), Gainesville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Lee Darragh, Shiv Sachdeva (Northeastern Circuit District Attorney's Office), Columbus, for appellee.

    Case Number: S18A0528

    The evidence supported defendant's convictions for felony murder and other crimes in connection with the killing of a taxi driver.

  • Wallace v. The State

    Publication Date: 2018-03-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Maryann Faith Blend (Maryann F. Blend, Esq., PC.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Daniel J. Porter, Lee Franklin Tittsworth (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.

    Case Number: S17A1900

    Trial Court Did Not Err in Refusing to Reinstate Dismissed Juror

  • Anglin v. The State

    Publication Date: 2017-11-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Ashleigh Bartkus Merchant, John B. Merchant III (The Merchant Law Firm, PC.), for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Michael Scott Carlson, D. Victor Reynolds (Cobb County District Attorney's Office), Marietta, for appellee.

    Case Number: S17A1153

    The evidence supported defendant's convictions for felony murder and marijuana possession and the trial court did not abuse its discretion in allowing State to introduce evidence of defendant's alleged membership in a gang, as there was some evidence presented at trial to show that the charged crimes were motivated by gang membership.

  • Olevik v. The State

    Publication Date: 2017-11-07
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Lance Warren Tyler (Tyler Law Firm, LLC), Suwanee, for appellant.
    for defendant: Rosanna M. Szabo, Samuel Richard d'Entremont, Joelle M. Nazaire (Office of the Gwinnett County Solicitor General), Lawrenceville, for appellee.

    Case Number: S17A0738

    The Georgia Constitution's protection against compelled self-incrimination prohibits law enforcement from compelling a person suspected of DUI to blow their deep lung air into a breathalyzer.