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  • Serban v. Hunter

    Publication Date: 2022-03-10
    Practice Area: Dispute Resolution | Evidence
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Eric Teusink, Gala Villahoz, (Williams Teusink, LLC), Decatur, Columbus, for appellant.
    for defendant: Eric Van De Water, (Van De Water Law LLC), Atlanta, for appellee.
    Case Number: A21A1799

    Trial Court Erred In Failing to Consider Arbitration Award Solely Because Award Was Not Introduced Into Evidence at Hearing

  • Wilson v. The State

    Publication Date: 2022-03-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Boggs
    Attorneys: For plaintiff: Rodney Samuel Zell, (Zell & Zell, P.C.), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, William C. Enfinger, (Department of Law), Atlanta, Charles Keith Higgins, Benjamin E. Gephardt, (Brunswick Judicial Circuit District Attorney's Office), Brunswick, for appellee.
    Case Number: S22A0005

    Court affirms convictions for felony murder and other crimes over defendant's claims of ineffective assistance of counsel.

  • Martinez-Arias v. The State

    Publication Date: 2022-03-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: H. Bradford Morris, Jr., Matthew Gerard Leipold, (Northeastern Circuit Public Defender's Office), Gainesville, for appellant.
    for defendant: Lee Darragh, Anna Victoria Fowler, (Northeastern Circuit District Attorney's Office), Gainesville, for appellee; Katie Anne Skeehan, (The Sonoda Law Firm), Atlanta, Peter J. Wpsnik, (Wosnik Law, LLC), Monroe, for Amicus Appellant.
    Case Number: S21G0150

    Court determines that testimony about characteristics of an ethnic group was not relevant and should not have been admitted, but error in admitting it was harmless

  • Grier v. The State

    Publication Date: 2022-03-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Boggs
    Attorneys: For plaintiff: Edward H. Wasmuth, Jr., (Smith, Gambrell & Russell, LLP), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, William C. Enfinger, (Department of Law), Atlanta, Fani T. Willis, David K. Getachew-Smith, Sr., Lyndsey Hurst Rudder, F. McDonald Wakeford, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S21A1249

    Admission of Child's Hearsay Statements at Murder Trial Satisfied Requirements of Child Hearsay Statute

  • Harris v. The State

    Publication Date: 2022-03-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Angela Dillon, Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Frederick Lewis, (Chattahoochee Judicial Circuit District Attorney's Office), Columbus Mark Preston Jones, Columbus, for appellee.
    Case Number: S21A1242

    Trial Court Did Not Err in Admitting Evidence of Guns and Ammunition Found When Defendant Was Arrested

  • Morrell v. The State

    Publication Date: 2022-03-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: David T. Lock, (David T. Lock, LLC), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, Bradley Robert Thompson, (Eastern Judicial Circuit District Attorney's Office), Douglasville, for appellee.
    Case Number: S21A1273

    Evidence of Third Party Conduct Relevant as Other-Acts Evidence to Show Defendant's Consciousness of Guilt

  • Anderson v. The State

    Publication Date: 2022-03-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Christina Michelle Kempter, (Kempter Law Group, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, Deborah D. Wellborn, Sherry Boston, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S21A0981

    Photo Lineup Administered to Witness Was Not Impermissibly Suggestive

  • State v. Jennings

    Publication Date: 2022-03-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Lee Darragh, (District Attorney, NEJC of GA Northeastern Judicial Circuit), Gainesville, Paul Lamb, (Dawson County District Attorney's Office), Cleveland, for appellant.
    for defendant: Andrew Richman, (Richman Law Firm), Cumming, Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, for appellee.
    Case Number: A21A1355

    Court affirms suppression of evidence in a hit-and-run accident case where police exceeded the scope of their authority to enter a defendant's property

  • The State v. Gilmore

    Publication Date: 2022-02-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Leigh Patterson, Luke Martin, Morgan Bottger, (Floyd County District Attorney's Office), Rome, for appellant.
    for defendant: Sean Lowe, (Assistant Public Defender), Ringgold, Jonathan Hamrick, (Rome Circuit Public Defender Office), Rome, for appellee.
    Case Number: A20A0189

    Court reverses denial of admission of a video showing a drug purchase by a now-deceased confidential information, finding no Confrontation Clause violation

  • Campbell v. The State

    Publication Date: 2022-02-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Gregory Smith, (Conger and Smith, Attorneys at Law), Bainbridge, for appellant.
    for defendant: Joseph Mulholland, Moruf Oseni, (Office of the District Attorney, South Georgia Circuit), Bainbridge, for appellee.
    Case Number: A21A1812

    Court affirms convictions for incest, rape, and related crimes, over defendant's claims of trial court error over admitting or excluding certain evidence