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  • Draughn v. The State

    Publication Date: 2021-05-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Eric C. Crawford, (Crawford & Boyle, LLC), Monroe, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Tuttle Wright Barksdale, (Ocmulgee Judicial Circuit District Attorney's Office), Gray, for appellee.
    Case Number: S21A0041

    Court affirms malice murder convictions over defendants' multiple challenges to evidence and contentions of trial court error.

  • The State v. Thomas

    Publication Date: 2021-05-24
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Lyndsey Hurst Rudder, Fani T. Willis, (Fulton County District Attorney's Office), Atlanta, for appellant.
    for defendant: Elizabeth Ann Brandenburg, Marcia Gail Shein, (Law Firm of Shein & Brandenburg), Decatur, Howard Jarrett Weintraub, Atlanta, Benjamin Black Alper, (The Law Offices of Howard J. Weintraub, P.C.), Atlanta, for appellee.
    Case Number: S21A0324

    Retrial Warranted Following Prosecution's Failure to Advise Defense of Agreement With Prosecution Witness

  • Truett v. The State

    Publication Date: 2021-05-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Jessica Ruth Towne, (Clark & Towne, P.C.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Penny Alane Penn, (Forsyth County District Attorney's Office), Cumming, for appellee.
    Case Number: S21A0162

    Court affirms conviction s for malice murder and related crimes in the death of a 2-year old over defendant's contentions of error in denying character witness testimony

  • Acosta v. The State

    Publication Date: 2021-05-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Stephen Michael Reba, (The Law Office of Stephen M. Reba, LLC), Decatur, Jessica Ruth Towne, (Clark & Towne, P.C.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, William C. Enfinger, (Department of Law), Atlanta, Penny Alane Penn, Sandra Ann Partridge, (Forsyth County District Attorney's Office), Cumming, for appellee.
    Case Number: S21A0247

    Court affirms malice murder and child cruelty convictions over defendant's contentions of error in admission of pre-arrest testimony and denial of a jury charge

  • Smith v. The State

    Publication Date: 2021-05-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Steven Alexander Miller, (Steven A. Miller Law), Summerville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, William C. Enfinger, (Department of Law), Atlanta, Leigh Ellen Patterson, Emily Griffin Johnson, (Floyd County District Attorney's Office), Rome, for appellee.
    Case Number: S21A0086

    Admission of Hearsay Under Residual Exception Rule Not Precluded For Failure of Trial Court to State Determinations

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    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Lopez v. The State

    Publication Date: 2021-05-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Sara S Becker, (Drew Eckl Farnham), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Deborah D. Wellborn, Sherry Boston, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S21A0322

    Dying Victim's Statements to Others Identifying Assailant Admissible at Trial as Excited Utterances

  • Robertson v. The State

    Publication Date: 2021-05-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Karen Brouse, (Brouse Law), Blue Ridge, for appellant.
    for defendant: Lee Darragh, Wanda Vance, (Assistant District Attorney Northeastern Judicial Circuit), Gainesville, for appellee.
    Case Number: A21A0334

    Trial Court Did Not Err in Excluding Defendant From Bench Conferences or in Denying Motion for a Mistrial When Social Worker Allegedly Bolstered Victim's Credibility

  • Collins v. The State

    Publication Date: 2021-05-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jerry Chappell, (Solo Practicioner), Roswell, for appellant.
    for defendant: Gregory Futch, Assistant District Attorney), Cleveland, William Langley, (District Attorney), Blairsville, for appellee.
    Case Number: A21A0291

    Trial Court Properly Analyzed That Probative Value of Defendant's Prior Conviction Outweighed Any Prejudicial Effect

  • Davis v. The State

    Publication Date: 2021-04-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: James Pete Theodocion, (J. Pete Theodocion, P.C.), Augusta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Joshua Bradley Smith, (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.
    Case Number: S21A0044

    Trial Counsel Affirmatively Waived Claimed Error by Trial Court in Admitting Unavailable Witness's Prior Testimony

  • Frady v. The State

    Publication Date: 2021-04-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Jacob Stidham, (Banks, Stubbs, & McFarland), Cumming, for appellant.
    for defendant: Penny Penn, Michael Mahoney, Sandra Partridge, (Office of the District Attorney, Bell-Forsyth Judicial Circuit), Cumming, for appellee.
    Case Number: A21A0159

    Trial Court Did Not Err in Allowing Evidence of Prior Acts of Child Molestation of Which Defendant Was Acquitted