Latest news with #SupremeCourtofGeorgia
Yahoo
06-05-2025
- Yahoo
22 Years Later, a Father Seeks to Clear His Name After His Son's Death
Ester Clark has been living a nightmare for the past 22 years, ever since her grandson Danyel Smith was sentenced to life behind bars for the death of his infant son — a tragedy they both say he did not cause. 'They never tried to find out what really happened,' Clark, 81, told Capital B Atlanta of Smith's prosecution. 'I can't really explain the hurt and the tears and the heartaches and pain that I've been through over the years. … It's just horrible.' Smith was convicted of murder by a Gwinnett County jury in 2003 based on the theory that his 2-month-old son Chandler's death the year prior was caused by abusive head trauma, more commonly known as shaken baby syndrome. The Supreme Court of Georgia is now deciding if Smith, who rejected a 2022 plea deal that would've sent him home, will get a new trial based in part on an updated scientific understanding of shaken baby syndrome that largely undercuts the theory presented by the prosecution at trial. Dr. Steven Dunton, the prosecution's medical examiner who testified in 2003 that Chandler's skull fracture occurred on the day he became non-responsive, reversed his previous testimony last year, claiming he now believes it is likely that the fatal injury was sustained earlier because it was already showing signs of healing. 'They owe Danyel a whole lot,' said Latasha Pyatt, Smith's fiancée. 'They will never be able to repay him for the time that he's lived away from his children and away from his family and what he's seen in that place and [what] he has endured.' 'They never tried to find out what really happened,' said Esther Clark, seen with Danyel Smith in 2001. (Courtesy of Latasha Pyatt) Compared to children of other races, Black children are disproportionately identified as victims of abuse, according to a 2022 Stanford University study. Marsha Brandon, Chandler's mother, could not be reached for comment. She told Atlanta News First in 2023 that despite her previous praise of Smith's attentive parenting, her stance changed to a belief that Smith killed their son and should remain in prison. Mark Loudon-Brown, an attorney with the Southern Center for Human Rights, became Smith's lawyer in 2021 and has since been focused on getting Smith a new trial. A Gwinnett County Superior Court judge dismissed their first motion for a new trial without a hearing, but the Supreme Court of Georgia unanimously ruled in 2022 that Smith be given a hearing. Smith, who has denied abusing his son in any manner, received a time served plea deal from the Gwinnett County district attorney's office shortly after the supreme court's ruling, but he rejected it as he refused to plead guilty. Loudon-Brown argued during the April 2024 hearing that if presented with evidence of the current scientific understanding of shaken baby syndrome, a reasonable juror would have cause for reasonable doubt. The attorney bolstered his argument via testimony from five doctors, who each explained how the medical understanding of infant skull fractures has evolved. Dr. Saadi Ghatan, director of pediatric neurosurgery with the Mount Sinai Health System, testified in 2021 via a sworn affidavit that he would not conclude that Chandler Smith was abused, based on improved imaging technology and studies performed on non-abused babies that showed symptoms formerly used to diagnose shaken baby syndrome. He opined that the infant's death was caused by pre-existing conditions due to birth injury and other events that don't include being shaken. Despite the new expert testimony, Smith was denied a new trial by now-retired Gwinnett County Superior Court Judge Ronnie Batchelor in October 2024. The ruling was later upheld by the Georgia Court of Appeals before the Supreme Court of Georgia granted him a hearing. Loudon-Brown argued last month that Judge Batchelor did not properly apply Federal Rule of Evidence 702, a law related to how a judge determines whether an expert witness is qualified and their testimony is credible enough to be presented at trial. Loudon-Brown said the court improperly dismissed the new evidence and expert testimony he presented, resulting in Smith being denied a new trial. 'There are two options: The Supreme Court could send the case back and tell the trial court to apply the correct law, or the Supreme Court could apply the correct law itself and reverse [the lower court's decision],' Loudon-Brown told Capital B Atlanta. 'We're asking them for the second, but it's possible they could do either one of them.' A spokesperson for the Gwinnett County district attorney's office declined to comment to Capital B Atlanta about the case while it is actively under the Supreme Court of Georgia's consideration. The post 22 Years Later, a Father Seeks to Clear His Name After His Son's Death appeared first on Capital B News - Atlanta.
Yahoo
16-04-2025
- Entertainment
- Yahoo
Diddy Is Reportedly Urgently Seeking A Black Female Attorney To Join His Legal Team As Trial Draws Near
Sean "Diddy" Combs is reportedly in search of a Black female lawyer to join his legal team, less than 3 weeks before his criminal trial commences. The embattled rapper was recently slammed with two more charges, as reports suggest his infamous freak-off party videos could be brought up in court. This comes after a report shared some insight into Sean "Diddy" Combs' prison lifestyle, including the kind of currency he uses while locked up. According to a TMZ report, Diddy is looking to add a Black female lawyer to his defense team, which already boasts of legal bigwigs Marc Agnifilo and Teny Geragos. The "Finna Get Loose" rapper is set to stand trial for his alleged sex crimes in about 3 weeks and is looking to bolster his current trial team after one member of his team, Anthony Ricco, quit the role in February. Diddy's lawyers have brought up the issue of race in his case, accusing the feds of targeting him because he's a rich, successful black man. It appears his hunt for a Black female lawyer is to ensure a diverse representation amongst his legal counsel, as Agnifilo and Geragos are both white. However, the new addition is said not to be just for appearance as the lawyer must also know her onions and be ready to hit the road running when his trial kicks off. Regardless of who else joins the team, Agnifilo and Geragos will continue to be Diddy's lead counselors. Amid Diddy's search for a Black female lawyer, the rapper has hired a new attorney. According to reports, Bryan Steel, the attorney who helped famous rapper Young Thug during his RICO trial, is set to join Diddy's defense team. Legal journalist Meghann Cuniff, known for her up-to-date posts on X (formerly Twitter) about hip-hop trials, shared the news. She wrote, "Here's something I didn't expect to write: Young Thug's lawyer Brian Steel has joined Sean 'Diddy' Combs' criminal defense team." Steel made headlines last year after being given jail time when a judge held him in contempt of court for refusing to reveal an information source. On Tuesday, Steel referenced this incident in a court filing seeking permission to join Diddy's team. He claimed that "the judge wrongfully ordered that I reveal privileged information." "The misdemeanor contempt conviction was reversed by unanimous Supreme Court of Georgia," the attorney added, according to the court documents shared online by Cuniff. Earlier this month, Diddy's criminal case took a worsening turn as he was hit with extra charges of sex trafficking by force, fraud, or coercion, and transportation to engage in prostitution, bringing the total number of charges leveled against him to 5. According to the Daily Mail, the updated indictment accuses the rapper of one count of racketeering conspiracy, two counts of sex trafficking by force, fraud, or coercion, and two counts of transportation to engage in prostitution. The new sex trafficking count claims the 55-year-old rapper caused a person identified as "Victim 2" to engage in commercial sex acts, knowing they only did so due to "force, fraud, and coercion." The transportation to engage in prostitution count claims he "willfully caused the transportation of multiple individuals with the intent that they engage in prostitution." Diddy pleaded not guilty to the expanded indictment at a hearing before U.S. District Judge Arun Subramanian in Manhattan. Diddy remains locked away at the notorious Brooklyn Metropolitan Detention Center following his arrest in New York back in September. If found guilty on the federal charges against him, the rapper faces a mandatory minimum of 15 years in prison and up to life behind bars. Manhattan Federal Judge Arun Subramanian said that Diddy's trial will start on May 12, where opening statements will be heard, but jury selection will begin a week earlier. However, his lawyers have asked the judge to push the start at least 2 weeks to allow them to review emails they want an alleged victim to turn over. The judge, however, noted that if the defense wants an extension, it must submit a formal request within two days. "We are a freight train moving towards trial," the judge said, per the Associated Press. Aside from his federal criminal indictment, Diddy faces dozens of civil lawsuits by women and men who accused him of sexual abuse. The alleged abuse included individuals who claimed they were forced to take part in recorded sexual performances called "freak offs" with male sex workers, who were sometimes transported from other states. Reports suggest videos from his infamous "freak offs" could possibly be shown to the jury when the trial begins in May. According to the Associated Press, Diddy's lawyers submitted a questionnaire containing 70 questions to gain information about potential jurors earlier this month. Part of the question they asked was the jurors' viewpoints on individuals with more than one sex partner. Another question they asked was if any of the potential jurors were willing to watch sexually explicit videos or clips that depict sexual assault. However, prosecutors have contested the questionnaire, saying it was too long and could be difficult for jurors to understand.
Yahoo
11-03-2025
- Yahoo
Man takes plea deal after GA Supreme Court overturns security guard murder conviction
The man previously convicted of murdering a bouncer outside of a nightclub in 2019 has pleaded guilty to a lesser charge. Houston County prosecutors said Morgan Baker shot and killed Tamarco Head, who worked as a bouncer at Club Boss, in 2019. He was found guilty in 2022 and sentenced to life in prison. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks] But last year, the Supreme Court of Georgia overturned his conviction, saying a jury should not have been shown video of Baker in a rap music video, even to establish his identity. According to Houston County court records, Baker was preparing to go back to trial for Head's murder, but instead pleaded guilty to voluntary manslaughter. TRENDING STORIES: Social Security resumes what it once called 'clawback cruelty' Ex-Atlanta Falcons linebacker sentenced for swindling victims out of $5.3 million in Ponzi scheme Severe weather threat increasing for late Saturday, Sunday morning across north Georgia Baker was sentenced to 15 years in prison and five years of probation. WGXA-TV reported that Baker was part of the entourage for rapper NoCap and got into an argument with security at the club after the rapper's performance. [SIGN UP: WSB-TV Daily Headlines Newsletter]
Yahoo
06-03-2025
- Yahoo
Columbus lawyer who won $42 million verdict is now suspended by Georgia Supreme Court
The Supreme Court of Georgia has suspended a Columbus lawyer. Chris Breault, a Columbus lawyer who specializes in personal injury lawsuits, received a six-month suspension of his law license for what the court said are violations of the Georgia Rules of Professional Conduct. The violations involve events that happened in 2017, when he was brought on a case to act as lead counsel for a husband and wife, according to court documents. The husband suffered two breaks in his back and a skull fracture after a tractor trailer struck his truck, which caused it to go over the side of a bridge and into the Savannah River, court documents say. Court documents say Breault came to believe the clients needed to pursue a claim based on traumatic brain injury and learned the husband had been treated by a neurologist. Breault and a Georgia lawyer, identified as 'C.M.,' met with the physician, according to court documents. Court documents say C.M. made an audio recording of the meeting unbeknownst to Breault or the physician. 'During this meeting, the physician described the Husband's purported brain injury as 'all kind of speculative' and made remarks casting doubt on the possible brain injury claim,' the court documents say. Breault called the office manager on June 14, 2017, and canceled the deposition following this meeting, according to the documents. Breault called and talk talked to the office manager June 20, 2017, regarding whether the physician would be able to testify at trial. The office manager told Breault the physician wouldn't be able to due to their workload, according to court documents. Court documents say Breault responded in a threatening manner, stating the physician would have to do a deposition or he (Breault) would subpoena him for trial. Court documents say the defendants in the lawsuit filed a motion the following day to revoke Breault's pro hac vice admission to the case because his actions violated the court's guidelines for courtroom conduct. Breault was previously given a pro hac vice admission, which allows for the addition of an attorney to a case where they are not licensed to practice, according to the Cornell Law School website. The defendant's motion included an affidavit from the office manager detailing the conversation, court documents say. Breault responded to the motion without discussing it with the clients, according to court documents. Court documents say Breault included a transcript of the audio recording taken by C.M. during the June 7, 2017, meeting with the physician. Breault also obtained an audio recording of the meeting and sent it to all lawyers in the case and to the court, according to the documents. 'In his response to the defendant's motion to revoke, Breault admitted that the recording was 'attorney work product and includes many insights into how the Plaintiff[s] view every part of this case,' and that his actions 'tipp[ed] the 'playing field' in favor of the Defendants by disclosing this work product,' but that he 'fe[lt] the esteem and confidence of this Honorable Court are more important,' the documents say. Court documents say Breault admitted at a disciplinary hearing that he made the disclosures public to make the defense counsel look like 'a disingenuous a**hole.' The district court denied the defendant's motion but found the disclosure of the conversation was unnecessary and damaging to the clients' case, court documents say. Breault was allowed to add a neuropsychologist to the client's witness list and was ordered to depose the neuropsychologist by the middle of August 2017, according to court documents. Court documents say Breault told defense counsel that 10 a.m. on Aug. 14, 2017, would work for the neuropsychologist's deposition without having confirmed the date with the neuropsychologist. The neuropsychologist informed the parties that he wouldn't be available that day, court documents say. 'Breault told defense counsel that he would ask the court for more time to schedule the deposition, but he never filed the request,' court documents say. Breault was discharged by the clients Aug. 16, 2017, through a hand-delivered letter, according to court documents. Court documents say the following day Breault went unannounced to the clients' home in South Carolina, called into question the competency of the clients' remaining counsel and told them they would lose out on funding for medical treatment if he were removed from the case. The wife texted Breault after hisvisit, telling him she didn't want him to represent them, and Breault acknowledged the message and said he would file withdrawal paperwork the following day, according to court documents. Court documents say Breault failed to file the withdrawal paperwork and instead advised the husband to seek legal advice from a litigation funding company and reached out to the wife, requesting she attend a focus group about the case. The clients filed a motion to revoke Breault's pro hac vice admission, according to court documents. Court documents say Breault filed a response 54 days after being discharged as counsel and again disclosed confidential information he gained while representing the clients. Breault filed withdrawal paperwork following an Oct. 30, 2017, disciplinary hearing, according to court documents. 'The district court entered a Disciplinary Order, in which it found that Breault had violated several provisions of the GRPC (Georgia Rules of Professional Conduct) and that his disclosures of the Clients' protected information had been damaging to the Clients, and revoked Breault's pro hac vice admission,' the documents say. Breault's suspension began Tuesday and will end after six months with 'no conditions on Breault's reinstatement other than the passage of time,' according to court documents. The Ledger-Enquirer asked Breault for comment and received the following statement in an email: ''I have never once in my entire career been in trouble with the State Bar of Georgia. If you look at my record since I finished law school at the University of Georgia in 2012, twelve (12) years ago, I have zero Bar complaints or Bar discipline. It is odd that it is 2025, weeks after I get a $42 million jury verdict — the largest jury verdict in Georgia history in a motorcycle wreck — and I'm being said to have violated Bar rules from a case in 2017. 'I did excellent work for the client in that case they are talking about from 2017. Because of my work, the client became a millionaire. This all took place back in June of 2017, one month before trial. I was hired by the client's original lawyer to come and try the case in court as lead trial counsel. The client in the case was rear-ended by a tractor trailer and sent off a large bridge, falling nearly 200 feet. I came onto the case, proved he had a brain injury, and then the case settled for seven-figures and the client was happy. Because of my work, the client took home more than double what he was going to get before I was hired. 'I stand by my work in that case. I'm the first lawyer in Georgia history that they've ever accused of breaking these rules like this. I was part of a team of four (4) lawyers and I'm the only one they say violated a Bar rule. For years, they wanted me to take some slap-on-the-wrist penalty as long as I admitted I did something wrong. I refused, because I did nothing wrong. I'm sorry that in order to get outstanding results, you have to do things differently than your average Joe Schmoe lawyer out there. It means that you are creative and think outside the box. It doesn't mean you 'broke the rules.' 'After reading the Supreme Court's order on this matter, it's clear that whoever wrote it — sometimes it's a clerk or an assistant — does not have or understand all the facts. I plan to submit a motion for reconsideration to the court in ten (10) days to have them review it. 'As stated by Reverend Martin Luther King Jr., 'the arc of the moral universe is long, and it bends towards Justice.' If you are willing to work and seize the opportunities that God provides, then God will take care of you. That has been my experience and I expect that to continue in the future.'
