Atlanta, GA
Appeals Lawyer at Atlanta, GA
Practice Areas: Appeals, Criminal Defense ... +3 more
OUTCOME: Affirmed
Defendant appealed various convictions related to conspiring to possess cocaine with the intent to distribute in the Western District of New York based on argument that police search warrant affidavit ... did not justify a "no-knock" provision and, therefore, violated Defendant's rights under the Fourth Amendment. The Second Circuit affirmed the convictions.
OUTCOME: Affirmed
Fulton County Defendant appealed his sentence for trafficking in cocaine based on the state's seeking to enhance his sentence as a recidivist and based on the trial court's decision to increase his sen ... tence after its oral pronouncement of sentence. The Georgia Court of Appeals affirmed his conviction and the Georgia Supreme Court denied certiorari.
OUTCOME: Summary judgement against civil plaintiff reversed
Trial court's granting of Defendant's Motion for Summary Judgment in a section 1983 civil rights/false arrest/intentional torts lawsuit against plaintiff was reversed by the Georgia Court of Appeals an ... d the lawsuit was reinstated. Alex Susor assisted Mr. Wolfe and Mr. Yurachek in writing Appellant's brief while a law student employed with L. David Wolfe, P.C.
OUTCOME: Motion Granted
Fulton County Superior Court grants defendant's motion for new trial based on the insufficiency of the evidence against him for voluntary manslaughter.
OUTCOME: Affirmed
Defendant attempted to withdraw his plea of guilty to trafficking in methamphetamine based on his efforts, at his guilty plea hearing, to assert that he was innocent of the charges. The Georgia Court o ... f Appeals affirmed the conviction.
OUTCOME: Reversed
Fulton County Defendant appealed his sentence enhancement based on Georgia's Hate Crime statute, arguing that the law was unconstitutionally vague. The Georgia Supreme Court unanimously reversed the se ... ntence enhancement and struck down the statute as unconstitutionally vague.
OUTCOME: Affirmed in part, Vacated in part
Defendant appealed his conviction in the Eastern District of New York of conspiracy to possess with intent to distribute GBL, a controlled substance, based on constitutional vagueness issues, as well a ... s based on the district court's constructive amendment of the indictment in the jury instructions. Second Circuit affirmed conviction for conspiracy to possess GBL with intent to distribute, but reversed conviction for conspiracy to possess GHB with intent to distribute. United States Supreme Court denied certiorari.
OUTCOME: Affirmed in part, reversed in part
Cobb County Defendant appealed his convictions for possession of marijuana and possession of cocaine, as well as theft by receiving stolen property in the Georgia Court of Appeals, based on his being c ... ompelled to represent himself at trial, as well as a lack of competent evidence that the property found in his vehicle was stolen. The Georgia Court of Appeals reversed his conviction for theft by receiving, but affirmed the remaining convictions.
OUTCOME: Affirmed
15-year-old Defendant in Cherokee County was charged with felony murder when he punched a 13-year-old classmate who then died from fluke event in his body. Defendant claimed that the jury pool was tain ... ted by pretrial publicity, that Georgia's felony murder rule was antiquated and unconstitutional and that felony murder conviction was not supported by the evidence which reflected nothing more than defendant's intent to commit simple assault, a misdemeanor. Georgia Supreme Court affirmed conviction, United States Supreme Court denied certiorari.
OUTCOME: Affirmed
Gwinnett County Defendant charged with felony obstruction claimed he could not be charged with obstruction because the officers who approached him and eventually chased him did not have a legal justifi ... cation for doing so. The Georgia Court of Appeals affirmed the conviction.
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