• Kuprian v. The State

    Publication Date: 2021-07-02
    Practice Area: Constitutional Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: James Theodocion, (Attorney at Law), Augusta, for appellant.
    for defendant: Elizabeth Baker, (Griffin Judicial Circuit District Attorney Fayette County District Attorney's Office), Fayetteville, Donna Gopaul, (Forsyth County Solicitor's Office), Cumming, Marie Broder, (Spalding County District Attorney's Office), Griffin, for appellee.

    Case Number: A21A0472

    Other-Acts Evidence of Child Molestation in Another State Admissible to Show Motive and Intent

  • In the Interest of B. B.

    Publication Date: 2021-06-29
    Practice Area: Civil Procedure | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Joseph Mulholland, (District Attorney), Bainbridge, Robert Richardson, (Public Defenders Standards Council), Bainbridge, for appellant.
    for defendant: Ernie Sheffield, (Private Attorney), Colquitt, for appellee.

    Case Number: A21A0480

    State May File Direct Appeal From Juvenile Court Order Denying Its Motion to Transfer to Superior Court

  • Love et al. v. Fulton County Board of Tax Assessors et al.

    Publication Date: 2021-06-24
    Practice Area: Evidence | Tax
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Wayne B. Kendall, (Wayne B. Kendall, P.C.), Fayetteville, for appellant.
    for defendant: Christopher M. Carr, Julie Adams Jacobs, Alex Fredrick Sponseller, John Scott Forbes,, Joseph Lawton Bearden, (Department of Law), Atlanta, Robert Sparks Highsmith, Jr., Allen Andre Hendrick, Phil James George, (Holland & Knight LLP), Atlanta, Detriss Thomas, Patrise M. Perkins-Hooker, Kaye Woodard Burwell, Cheryl Melissa Ann Ringer, (Office of the Fulton County Attorney), Atlanta, , for appellee.

    Case Number: S21A0329

    Trial Court Did Not Err in Dismissing Fulton County Taxpayers' Mandamus Claim Against Board of Tax Assessors

  • Thomas v. The State

    Publication Date: 2021-06-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Bentley C. Adams, III, (Attorney at Law), Lihue, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Mark Samuel Lindemann, (Department of Law), Atlanta, Deborah D. Wellborn, Sherry Boston, Jason Matthew Rea, (Dekalb County District Attorney's Office), Decatur, for appellee.

    Case Number: S21A0395

    Trial Court in Felony Murder Case Did Not Err by Failing to Instruct Jury on Impeachment by a Prior Felony Conviction

  • Holmes v. The State

    Publication Date: 2021-06-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Patrick Gregory Sellars, Katherine Morgan Mason, Lucy Dodd Roth, (Augusta Circuit Public Defender's Office), Augusta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham,, (Department of Law), Atlanta, Joshua Bradley Smith, Natalie Spires Paine, (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.

    Case Number: S21A0377

    Trial Court Did Not Err in Charging Jury to 'Consider With Great Care and Caution' Felony Murder Defendant's Out-of-Court Statements

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    Texas Legal Malpractice & Lawyer Discipline 2024

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Davenport v. State

    Publication Date: 2021-06-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Margaret Onys Rentz, Gregory Davis Smith, (Conger & Smith, LLC), Bainbridge, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, William C. Enfinger, (Department of Law), Atlanta, Clifford Paul Bowden, (Tifton Judicial Circuit District Attorney's Office), Tifton, for appellee.

    Case Number: S21A0295

    Evidence Presented at Trial Was Sufficient to Sustain Malice Murder-Related Convictions; Court Did Not Err in Refusing to Charge Jury on Voluntary Manslaughter

  • Jackson v. The State

    Publication Date: 2021-06-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Richard M. Darden, (Darden Law Firm), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, John Thomas Durden, Jr., Melissa Leigh Poole, (Atlantic Judicial Circuit District Attorney's Office), Hinesville, for appellee.

    Case Number: S21A0132

    Unredacted Recording of 911 Call Properly Admitted at Trial Under Excited Utterance Exception to Hearsay Rule

  • Rogers v. The State

    Publication Date: 2021-06-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Michael Wayne Tarleton, (Georgia Public Defender Council - Appellate Division), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, John B. Johnson, (Brunswick Judicial Circuit District Attorney's Office), Odum, Thomas Edward Buscemi, (Department of Justice United States Attorney for the Northern District of Oklahoma), Cumming, for appellee.

    Case Number: S21A0152

    Evidence Against Defendant Not Entirely Circumstantial Where He Had Admitted to Intentionally Firing Gun in Victim's Direction

  • Ary v. The State

    Publication Date: 2021-06-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jonathan Lockwood, (Office of the Public Defender Brunswick Judicial Circuit), Jesup, for appellant.
    for defendant: Charles Higgins, Jacquelyn Johnson, Thomas Buscemi, (District Attorney's Office for the Brunswick Judicial Circuit), Brunswick, for appellee.

    Case Number: A21A0165

    Court affirms child molestation convictions over defendant's evidentiary challenges, contention of error in a jury charge, and claim of ineffective assistance

  • Alvarez-Maldonado v. The State

    Publication Date: 2021-06-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Daniel Porter, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, Brandon Delfunt, (Attorney at Law), Lawrenceville, for appellee.

    Case Number: A21A0463

    Evidence Was Sufficient to Support Jury Finding That Defendant Was in Constructive Possession of Methamphetamine