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  • George v. The State

    Publication Date: 2022-08-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Eric Crawford, (Crawford and Boyle, LLC), Monroe, for appellant.
    for defendant: Layla Zon, (District Attorney), Covington, Randal McGinley, (Newton County District Attorney’s Office), Covington, Jacqueline Fletcher, (Walton County District Attorney’s Office), Monroe, for appellee.
    Case Number: A20A0993

    Evidence seized in a child molestation case that was beyond the scope of a search warrant is admissible only if it satisfies a plan view standard

  • The State v. Awad

    Publication Date: 2022-08-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, (Attorney General), Atlanta, Herbert Poston, (District Attorney), Dalton, Paula Smith, (Assistant Attorney General), Atlanta, Mark Higgins, (Conasauga Judicial Circuit D.A.s Office), Dalton, for appellant.
    for defendant: D. Sessions, (The Sessions Law Firm, LLC), Atlanta, for appellee.
    Case Number: A20A1490

    The State cannot introduce evidence of a defendant's refusal to submit to a chemical test of his urine where defendant is charged with driving under the influence

  • The State v. Nixon

    Publication Date: 2022-08-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Elizabeth Racine, Aimee Sobhani, (Douglas County District Attorney’s Office), Douglasville, for appellant.
    for defendant: Christy Draper, (Attorney at Law), Douglasville, for appellee.
    Case Number: A22A0406

    Court reverses dismissal of aggravated assault charges after finding that missing video evidence was not constitutionally material and was not lost in bad faith

  • Holland v. The State

    Publication Date: 2022-08-01
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Boggs
    Attorneys: For plaintiff: Robert Kenner, Jr., (Law Offices of Robert Kenner, Jr.), Stone Mountain Carey Renard Johnson, (Law Offices of Carey R. Johnson), Stone Mountain, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, Fani T. Willis, Charles Anthony Jones, Jr., Lyndsey Hurst Rudder, Juliana Sleeper, Kevin Christopher Armstrong, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: S22A0468

    Defendant's Video-Recorded Statements Regarding Other Crimes Were Admissible For Impeachment Purposes

  • Talley v. The State

    Publication Date: 2022-07-29
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Donald Franklin Samuel, (Garland, Samuel & Loeb, P.C.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, Fani T. Willis, Kevin Christopher Armstrong, Lyndsey Hurst Rudder, Virginia Lee Davis, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: S22A0242

    Court Did Not Err by Admitting Hearsay Statements Murder Victim Had Made Regarding Incidents Involving Defendant Litigation: Yes

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  • Porter v. The State

    Publication Date: 2022-07-25
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Thomas Morgan, (Attorney at Law), Woodbury, for appellant.
    for defendant: Andrea Newton, John Cranford, (District Attorney’s Office Coweta Judicial Circuit), Newnan, Timothy Marlow, (Office of the District Attorney), Greenville, for appellee.
    Case Number: A22A0134

    Court vacates conviction for DUI less safe and remands for a new trial because trial court erroneously admitted testimony of defendant's refusal to submit to a breath test

  • Dukes v. The State

    Publication Date: 2022-07-21
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Eric Crawford, (Crawford and Boyle, LLC), Monroe, for appellant.
    for defendant: Randal McGinley, (Newton County District Attorney’s Office), Covington, David Williamson, (Attorney at Law), Monroe, for appellee.
    Case Number: A22A0258

    Trial Judge Did Not Show Bias By Offering Advice to Prosecutor Regarding Presentation of Evidence

  • Domingue et al. v. Ford Motor Company

    Publication Date: 2022-07-19
    Practice Area: Evidence | Personal Injury | Products Liability
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Craig A. Webster, (Webster Law Group, Inc.), Tifton, for appellant.
    for defendant: Michael Roger Boorman, Philip Andrew Henderson, Evan E. Smith, IV, (Watson Spence LLP), Atlanta, Paul Frederich Malek, Donald Thomas, (Huie, Fernambucq & Stewart, LLP), Birmingham, Michael W. Eady, (Thompson Coe Cousins & Irons, LLP), Austin, Brian Charles Lea, (Jones Day), Atlanta, for appellee; Robert Henry Snyder, Jr., Rory A. Weeks, (Canella Snyder LLC), Decatur, Jonathan Andrew Pope, (Hasty Pope Davies, LLP), Gainesville, Alyssa Bernadette Baskam, (Beasley, Allen, Crow, Methvin, Portis & Miles, PC.), Atlanta, for Amicus Appellant; Richard B. North, Jr., Alex G. Pisciarino, (Nelson Mullins Rilet & Scarborough LLP), Atlanta, Jonathan R. Friedman, Gary J. Toman, (Weinberg Wheeler Hudgins Gunn & Dial, LLC), Atlanta, for Amicus Appellee.
    Case Number: S22Q0279

    Georgia's Seatbelt Statute Did Not Preclude Vehicle Manufacturer From Presenting Evidence of Seatbelt as Part of Restraint System

  • Harris v. State

    Publication Date: 2022-07-15
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Nahmias
    Attorneys: For plaintiff: Mitchell D. Durham, Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick, (Department of Law), Atlanta, Linda Jeanne Dunikoski, Flynn Duncan Broady, Jr., (Cobb County District Attorney's Office), Marietta, Samuel Richard d'Entremont, (Western Circuit District Attorney's Office), Athens, for appellee.
    Case Number: S22A0092

    Defendant Was Prejudiced by Admission of Evidence That Was Needlessly Cumulative and Highly Prejudicial

  • Henry v. State

    Publication Date: 2022-07-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: George Creal, (Attorney at Law), Forest Park, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, Paula Smith, (Attorney General), Atlanta, Pamela Bettis, Joseph Stone, Jefferson Upchurch, (Office of the Solicitor-General of Henry County Henry County Judicial Center), McDonough, for appellee.
    Case Number: A20A0501

    Court affirms denial of new trial motion in a conviction for DUI where defendant challenged his attorney's failure to move to suppress blood test evidence