Dedicated representation in Georgia's trial, appellate, and habeas courts

Post-Conviction Results

Selected Appellate Cases

(Scroll down for Trial-Level Cases)

Jones v. State

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Stephen won his client, convicted and sentenced to 30 years, a new trial due to his counsel’s ineffective assistance for failing to object to the State’s improper use of a prior conviction taken under Georgia’s First Offender Act. The State appealed the grant of the new trial, and both the Georgia Court of Appeals and the Georgia Supreme Court affirmed. The State agreed to ultimately dismiss all charges.

Montemayor v. U.S.

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Stephen won his client direct review, with the Eleventh Circuit Court of Appeals granting his Certificate of Appealability regarding former counsel’s ineffective assistance.

Bourassa v. State

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The Georgia Supreme Court granted Stephen’s petition for a writ of certiorari, asking the parties to brief whether the trial court and the Georgia Court of Appeals erred in finding that Stephen’s client lacked standing to suppress his intercepted telephone conversations. Stephen argued the case before the Georgia Court of Appeals and the Georgia Supreme Court, which reversed the Court of Appeals on an issue of first impression in Georgia.

Chamu v. U.S. Attorney General

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Stephen successfully vacated his client’s order of deportation, arguing an error in the lower proceedings consented to by the Government on appeal, thereby allowing his client to remain with his wife and children in the United States. Prior to the vacatur, Stephen successfully argued against the Government’s motion to dismiss for lack of jurisdiction.

Aranda v. U.S. Attorney General

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Stephen successfully vacated his client’s order of deportation from the United States, arguing an error in the lower proceedings consented to by the Government on appeal. Ultimately, the client’s Legal Permanent Residency was reinstated.

Chua v. Johnson

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Stephen and his fellow counsel successfully argued to the Georgia Court of Appeals for the reversal of the trial court’s refusal to produce a memorandum in the District Attorney’s possession. Located by Stephen during an open records inspection for a pending habeas corpus petition, the memorandum showed the State utilized illegal and secretive tactics in jury selection, which led to his client’s conviction for murder.

In re D.D.

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Stephen successfully argued to the Georgia Court of Appeals, reversing his client’s sentence for involuntary manslaughter and battery, that the trial court entered an illegal sentence by expressly denying credit for time served, imposing conditions upon the two-year commitment, and ordering restitution without holding a hearing.

Encarnacion v. State

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Stephen successfully argued to the Georgia Supreme Court, reversing the denial of his Client’s petition for a writ of habeas corpus, that criminal trial counsel must accurately advise a non-citizen defendant of the immigration consequences of a felony guilty plea.

Hernandez-Espino v. State

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Stephen successfully argued to the Georgia Court of Appeals, voting four to three, that the police’s stop and search of his client were violative of the Fourth Amendment to the United States Constitution. The Georgia Court of Appeals wrote that the Fourth Amendment to our Constitution was designed “to sacrifice a little safety to purchase liberty.”

Moore v. State

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Stephen successfully argued for the vacation of his client’s life without parole sentence. Adopting his argument, the Georgia Supreme Court found that the 2005 U.S. Supreme Court decision in Roper v. Simmons, which bars imposition of the death penalty for offenses committed by a youth under the age of 18, retroactively applies to Georgia’s sentencing scheme and invalidates the sentence.

Fulton County Board of Education v. D.R.H.

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Stephen successfully argued for the reversal of thirty years of State Board of Education precedent precluding disciplined students from challenging their expulsion or suspension once the term of discipline had expired. Although reversed on other grounds, the decision marked a victory for Georgia students and their ability to access public education.

In re L.R.

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Stephen successfully argued to the Georgia Court of Appeals that the trial court violated former OCGA § 15-11-63 (e) (1) (b) – now OCGA § 15-11-602 – in expressly providing that his client would receive no credit for pre-disposition detention.

Hill v. State

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Stephen and his fellow lawyers successfully argued for the vacation of their client’s aggravated assault conviction and sentence entered in superior court. In a case of first impression, the Georgia Court of Appeals held that Georgia law strictly required the return of an indictment against a juvenile within 180 days from the date of detention. Vacating his client’s conviction and sentence, the Court of Appeals ordered the client’s release from prison and the case to be transferred to juvenile court.

Selected Trial-Level Cases

State v. Abarca, Coweta County State Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence for family violence battery and cruelty to children.

State v. Acevado, Lowndes County Superior Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence for felony drug offenses.

State v. Armas, Sumter County Superior Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence for felony false statements.

State v. Atkinson, Columbia County Superior Court

Stephen vacated his client’s felony conviction and non-parolable split sentence (life with mandatory 25 years), negotiating a guilty plea to a lesser included felony that made his client eligible for release.

State v. Ayala, Hall County Superior Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence for felony drug offenses.

State v. Chua, Camden County Superior Court

Following a habeas hearing where the District Attorney perjured herself regarding a memorandum discovered by Stephen, he utilized a post-conviction motion to vacate his client’s conviction and sentence for murder resulting in a plea to manslaughter and immediate release.

State v. Corona, Gwinnett County Superior Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence for felony drug offenses.

State v. Cordova, Putnam County Superior Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence for felony offenses.

State v. Cruz-Carmona, Jackson County State Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence for DUI, DUI child endangerment, and driving without a valid license.

State v. Daniels, Dougherty County Superior Court

Stephen successfully litigated a motion to correct void sentence, which resulted in the vacatur of his client’s life without parole sentence for murder.

State v. Francisco, Cherokee County State Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence for family violence battery.

State v. Gonzalez, Cobb County Superior Court

Stephen, utilizing a post-conviction motion, vacated his client’s felony conviction and sentence for theft by receiving.

State v. Harper, Jeff Davis County Superior Court

Stephen successfully litigated a motion to correct void sentence, which resulted in the vacatur of his client’s life without parole sentence for murder.

State v. Hernandez, Hall County Superior Court

After winning a reversal in the Court of Appeals, Stephen’s client’s charges for felony drug possession were dismissed.

State v. Hicks, Screven County Superior Court

Utilizing a motion to correct void sentence, Stephen successfully altered his client’s life sentence for armed robbery (requiring 30 years of service before parole eligibility) to the 14 years he had already served.

State v. Jenkins, Liberty County Superior Court

Stephen successfully litigated a motion to correct void sentence, which resulted in the vacatur of his client’s life without parole sentence for murder.

State v. Johnson, Chatham County Superior Court

Stephen successfully litigated a motion to correct void sentence, which resulted in the vacatur of his client’s life without parole sentence for murder.

State v. Jones, Hall County Superior Court

After winning his client, convicted and sentenced to 30 years, a new trial due to counsel’s ineffective assistance for failing to object to the State’s improper use of a prior conviction taken under Georgia’s First Offender Act, the parties placed the case on the dead docket with a nolle prosequi (dismissal) to follow.

State v. Lara, Hall County Superior Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence for felony theft.

State v. Lopez, Whitfield County Superior Court

Stephen, utilizing a post-conviction motion, successfully withdrew his client’s guilty plea.

State v. Martinez, Gwinnett County Recorders Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence for DUI.

State v. Mbye, Douglas County Superior Court

Stephen won a motion to correct void sentence and withdrew his Client’s guilty plea for first-degree forgery.

State v. Mohinuddin, DeKalb County State Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence for family violence battery and cruelty to children.

State v. Montiel, Cobb County Superior Court

Stephen, utilizing a post-conviction motion, clarified his client’s conviction and sentence for drug offenes.

State v. Murcia, Gwinnett County State Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence.

State v. Nikoshchenkov, Forsyth County Superior Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence for felony offenses.

State v. Nugent, Carroll County State Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence.

State v. Olberra, Gwinnett County State Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence.

State v. Perez, Whitfield County Superior Court

Stephen, utilizing a post-conviction motion, clarified his client’s conviction and sentence.

State v. Reyes, Clayton County State Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence.

State v. Rivera, City of Rome Municipal Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence.

State v. Rojas, Clayton County Superior Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence.

State v. Rosillo, Jackson County Superior Court

Stephen successfully litigated a motion to correct void sentence, which resulted in the vacatur of his client’s life without parole sentence.

State v. Rowland, Jefferson County Superior Court

Stephen successfully litigated a motion for new trial, which was granted and resulted in the vacatur of his client’s conviction and life sentence for kidnapping with bodily injury.

State v. Sheppard, Richmond County Superior Court

Stephen successfully litigated a motion to modify sentence, allowing his Client to be retroactively sentenced under the armed robbery mandatory minimum.

State v. Smith, Hall County Superior Court

Stephen successfully litigated a motion to correct void sentence, which resulted in the vacatur of his client’s life without parole sentence.

State v. Tuncayoglu, Cherokee County State Court

Stephen, utilizing a post-conviction motion, clarified his client’s conviction and sentence.

State v. Turner, Walton County State Court

Stephen, utlizing a post-conviction motion, vacated his Client’s conviction and sentence for rape and had the case transferred to juvenile court for adjudication and disposition.

State v. Vazquez-Torres, City of Resaca Municipal Court

Stephen, utilizing a post-conviction motion, vacated his client’s conviction and sentence for DUI.

State v. White, Richmond County Superior Court

Stephen successfully litigated a motion giving his client exponential credit for time served during the pandemic, which resulted in his early release for armed robbery.

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