Smith v. State
Feb 03, 2010OUTCOME: Remanded
Georgia Court of Appeals holds life sentence for kidnapping was unauthorized, therefore re-sentencing was required
Mark Allen Yurachek's Legal Cases (51)
Atlanta, GA
Appeals Lawyer at Atlanta, GA
Practice Areas: Appeals, Criminal Defense ... +3 more
U.S. v. Ponce-Aldona
Jan 11, 2010OUTCOME: Affirmed
Defendant appealed his conviction in the Northern District of Georgia for possession of cocaine with intent to distribute, based on his argument that Georgia's administrative inspection statute for com ... mercial vehicles violated his Fourth Amendment rights. The Eleventh Circuit affirmed the conviction and the United States Supreme Court denied cert.
Henley v. State
Dec 07, 2009OUTCOME: Affirmed, Cert. Denied
Defendant in murder trial in DeKalb County, Georgia sought to have his conviction reversed on a number of grounds, including an improperly authenticated voice mail message from a cell phone and a juror ... 's allegation that other jurors heard extrinsic evidence in the case. After the Georgia Supreme Court affirmed, Defendant sought certiorari in the United States Supreme Court and was denied.
Brandt v. State
Nov 19, 2009OUTCOME: Vacated and Remanded
Gwinnett County Defendant who had received the longest prison sentence in the history of the State of Georgia had all convictions reversed and case remanded by Georgia Court of Appeals to reconsider De ... fendant's Motion to Suppress based on U.S. Supreme Court's ruling in Arizona v. Gant.
Binns v. State
Mar 10, 2009OUTCOME: Affirmed
Fulton County Defendant appealed his aggravated battery conviction based on an improper identification by the alleged victim, as well as a police officer's improper mention of the Defendant's exercisin ... g his right to remain silent during the trial. The Georgia Court of Appeals affirmed the conviction.
Seibert v. State
Feb 09, 2009OUTCOME: Affirmed, Cert. Denied
Gwinnett County Defendant appealed his conviction for aggravated stalking of his ex-wife, claiming that the use of a written prayer he had sent to his daughter, which his wife saw, as evidence against ... him violated his right to free exercise of religion. He also claimed that the victim's testimony that he had brandished a gun at someone was inadmissible character evidence. While the Georgia Court of Appeals agreed that the gun testimony was inadmissible evidence, it nonetheless affirmed the conviction.
United States v. Steed
Nov 10, 2008OUTCOME: Affirmed
Defendant appealed his conviction in the Northern District of Alabama for possession of marijuana with intent to distribute, arguing that Alabama police lacked probable cause to stop his tractor traile ... r and search it pursuant to Alabama's administrative inspection statute for commercial vehicles. The Eleventh Circuit ruled that the police acted in good faith in conducting the search and affirmed Osgood's conviction.
Sampler v. State
Oct 21, 2008OUTCOME: Vacated and Remanded
Spalding County Defendant challenged his convictions with possession of methamphetamine with intent to distribute because two separate charges had been joined in one trial without the trial court follo ... wing proper procedure for joining them. Georgia Court of Appeals vacated the convictions and remanded the case to the trial court.
Riley v. State
Jun 25, 2008OUTCOME: Affirmed
Fulton County Defendant convicted of trafficking in cocaine argued that he could not be found guilty of possessing cocaine which was hidden in the basement of a house where he was staying without any e ... vidence that he was aware the drugs were there. The Georgia Court of Appeals affirmed his convictions.
Mazza v. State
Jun 24, 2008OUTCOME: Affirmed
Gwinnett County Defendant challenged his conviction for terroristic threats based on the sufficiency of the evidence against him. The Georgia Court of Appeals affirmed the conviction.
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