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  • The City of College Park et al. v. The City of Sandersville

    Publication Date: 2021-11-17
    Practice Area: Contracts | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Winston Denmark, Valorri Jones, (Fincher Denmark LLC), Jonesboro, Bryan Tyson, Bryan Jacoutot, Loree Paradise, (Taylor English Duma LLP), Atlanta, Danielle Matricardi, Aliayah Baaith, (Fincher Denmark, LLC), Atlanta, Rebecca Woods, (Seyfarth Shaw, LLP), Atlanta, for appellant.
    for defendant: Keenan Howard, (Assistant Solicitor General), Athens, Edward Wasmuth, Leah Sears, (Smith, Gambrell & Russell), Atlanta, Bob Langstaff, (Langstaff Law LLC), Albany, for appellee.
    Case Number: A21A1048

    Testimony of Whether City Council Approved Contract Is Admissible As It Is Not Concerning Legislative Intent

  • Barrett v. The State

    Publication Date: 2021-11-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Tyler Aaron Pope Carey, (Frost & Carey, LLC), Covington, for appellant.
    for defendant: Joshua Bradley Smith, Jared Tolton Williams, (Augusta Judicial Circuit District Attorney’s Office), Augusta, Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, for appellee.
    Case Number: S21A0788

    Trial Court Did Not Err by Admitting a Recording of Felony Murder Defendant's First Custodial Interview With Law Enforcement Officials

  • The State v. Henry

    Publication Date: 2021-11-10
    Practice Area: Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Jefferson Frisby Upchurch, (Henry County Judicial Center), McDonough, Springs, for appellant.
    for defendant: George Chadwell Creal, Jr., (George C. Creal, Jr., P.C.), Atlanta, for appellee; Omeeka P. Loggins, (Augusta-Richmond County Solicitor General’s Office), Augusta, Robert Wright Smith, Jr., (Prosecuting Attorneys’ Council Of Georgia), Morrow, for Amicus Appellant; Greg Allen Willis, (Willis Law Firm), Atlanta, Hunter Joseph Rodgers, (Paulding County Public Defender’s Office), Dallas, David Edward Clark, (Clark & Towne, PC), Lawrenceville, Kimberly A. Dymecki, Peachtree Corners, for Amicus Appellee.
    Case Number: S20G1339

    Court Rejects 'Reasonably Could' Standard in Favor of a 'Reasonably Would' Standard in Evaluating Counsel's Failure to Object to Admission of Blood Test

  • Jones v. The State

    Publication Date: 2021-11-09
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Timothy Craig Head, Jr., (Waycross Judicial Circuit Defender’s Office), Waycross, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, George Elemuel Barnhill, (Waycross Judicial Circuit District Attorney’s Office), Waycross, Joshua Timothy Brockington, (Waycross Judicial Circuit District Attorney’s Office), Jesup, for appellee.
    Case Number: S21A1014

    Right to Raise Issue on Appeal Was Waived After Trial Counsel Declined Trial Court's Offer to Give Curative Instruction

  • McClure v. The State

    Publication Date: 2021-11-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Lynn Kleinrock, (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Patsy Austin-Gatson, Christopher DeNeve, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A21A0942

    Court affirms convictions for child molestation and related crimes over defendant's contentions of ineffective assistance of counsel related to alleged evidentiary errors

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  • Overstreet v. The State

    Publication Date: 2021-10-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Kathleen Strang, Albany, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Bradford Lee Rigby, (Cordele Judicial Circuit District Attorney's Office), Cordele, for appellee.
    Case Number: S21A0712

    Evidence Supported Jury's Finding Gang Act Was Violated By Gang Member's Commission of Home Invasion and Robbery

  • Allen v. The State

    Publication Date: 2021-10-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Tradd Bosch, (Northern Judicial Circuit Public Defender's Office), Royston, for appellant.
    for defendant: David White, Branden Pollett, (Northern Judicial Circuit District Attorney's Office), Hartwell, Michael Coveney, (District Attorney's Office of the Northern Judicial Circuit), Danielsville, for appellee.
    Case Number: A21A0709

    Court affirms convictions under Georgia Street Gang and Terrorism Act over defendants contentions of evidentiary and other trial court errors

  • Stockert v. Rogers

    Publication Date: 2021-10-26
    Practice Area: Evidence | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Charles Beans, (McLaughlin Law Firm), Alpharetta, for appellant.
    for defendant: David Zagoria, (The Zagoria Law Firm LLC), Atlanta, for appellee.
    Case Number: A21A1047

    Court Improperly Excluded Evidence Based Only on 'Public Policy' Behind Statutory Exclusions That Do Not Apply to Riders of Motorized Skateboards

  • The State v. Hill

    Publication Date: 2021-10-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: David White, (District Attorney), Hartwell, Michael Coveney, (District Attorney's Office of the Northern Judicial Circuit), Danielsville, Benjamin Durfee, (Northern Circuit District Attonrey's Office), Lexington, for appellant.
    for defendant: James Crowe, (Attorney at Law), Athens, for appellee.
    Case Number: A21A1184

    Court reverses order excluding child molestation defendant's two interviews with investigators

  • McIntyre v. The State

    Publication Date: 2021-10-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: Roy W. Copeland, Rodney L. Lawton, (Copeland, Haugabrook & Walker), Valdosta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Parisia Faith Sarfarazi, (Department of Law), Atlanta, Christopher M. Carr, (Office of the Attorney General), Atlanta, Clifford Paul Bowden, Patrick Warren, Bryce Alan Johnson, (Tifton Judicial Circuit District Attorney's Office), Tifton, Larry Michael Johnson, Nashville, for appellee.
    Case Number: S21A1146

    Evidence Supported Felony Murder Conviction; Trial Court Did Not Err in Failing to Charge Jury on Voluntary Manslaughter