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  • Davis v. The State

    Publication Date: 2021-04-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Joseph Key, Kayci Timmons, (Miller & Key, P.A.), McDonough, for appellant.
    for defendant: Penny Penn, Jennifer Scalia, (Assistant District Attorney), Cumming, for appellee.
    Case Number: A20A1727

    Court affirms convictions for vehicular homicide and related charges over defendant's contentions of insufficient evidence, error, and ineffective assistance

  • Hunt v. The State

    Publication Date: 2021-04-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Karen Wilkes, (Tallapoosa Circuit Public Defender), Cedartown, for appellant.
    for defendant: Oliver Browning, Crystal Polizzi, (Polk County District Attorney's Office), Cedartown, for appellee.
    Case Number: A21A0339

    Trial Court Abused its Discretion in Revoking Probation; State Failed to Provide Necessary Evidentiary Connection Between Defendant and Gun

  • McGarity v. The State

    Publication Date: 2021-04-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: William Burton Mills, (William B. Mills, P.C.), Ringgold, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Leslie Anna Coots, (Department of Law), Atlanta, Donald R. Donovan, Ferdinand Michael Viscuse, Anthony Brett Williams, (Paulding County District Attorney's Office), Dallas, for appellee.
    Case Number: S20A1528

    Witnesses' Prior Statements Offered Through Police Officer's Testimony Were Not Admissible as Prior Consistent Statements

  • Pender v. The State

    Publication Date: 2021-04-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Cara Clark, (Georgia Public Defender Council Appellate Division), Fayetteville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Julia Anne Fessenden Slater, (Chattahoochee Judicial Circuit District Attorney's Office), Columbus, Benjamin E. Gephardt, (Brunswick Judicial Circuit District Attorney's Office), Brunswick, for appellee.
    Case Number: S20A1505

    Admission of Other Co-Defendants' Redacted Statements to Police Was Not Bruton Error

  • Bernal v. The State

    Publication Date: 2021-04-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Angela Trethaway, (Law Offices of Angela C. Trethaway, LLC), Canton, for appellant.
    for defendant: Randall Ivey, Cliff Head, Shannon Wallace, (District Attorney's Office, Blue Ridge Judicial Ciruit), Canton, for appellee.
    Case Number: A20A1648

    Court vacates denial of defendant's motion for a new trial and remands for trial court's exercise of discretion in assessing credibility of witnesses and testimony conflicts.

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    Connecticut Appellate Practice & Procedure, 8th Edition

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

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  • Taylor v. The State

    Publication Date: 2021-04-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Christy Draper, (Attorney at Law), Douglasville, for appellant.
    for defendant: Sonya Chachere-Compton, Ryan Leonard, (Attorney at Law), Douglasville, Elizabeth Racine, (Douglas County District Attorney), Douglasville, Brett Adams, (Ellis C. Smith, Attorney at Law), LaGrange, for appellee.
    Case Number: A20A1861

    Prior Convictions Admissible to Prove Intent to Defraud Similar to Intent Element in Charged Crime of Insurance Fraud

  • Hartman v. The State

    Publication Date: 2021-04-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Lauren Shubow, (Attorney at Law), Atlanta, for appellant.
    for defendant: Fani Willis, (The Law Offices of Fani T. Willis, LLC), Atlanta, Teri Walker, Richard Caplan, Claude Rudder, (Office of the Fulton County District Attorney), Atlanta, for appellee.
    Case Number: A20A1911

    Court affirms convictions for rape and aggravated sodomy over defendant's challenges to evidence and claims of ineffective assistance of counsel

  • McKelvey v. The State

    Publication Date: 2021-03-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Angela Dillon, Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Julia Anne Fessenden Slater, Frederick Lewis, (Chattahoochee Judicial Circuit District Attorney's Office), Columbus, Elizabeth Rosenwasser, (Office of the Fulton County District Attorney), Atlanta, for appellee.
    Case Number: S20A1548

    Trial Court Did Not Err in Admitting Into Evidence Murder Appellant's 2009 Convictions for Terroristic Threats

  • Volkova v. The State

    Publication Date: 2021-03-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Matthew Kyle Winchester, (Law Offices of Matthew K. Winchester), Atlanta, Jason Michael McLendon, (McLendon Law Firm, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill, (Department of Law), Atlanta, Daniel J. Porter, Lee Franklin Tittsworth, (Gwinnett Circuit District Attorney's Office), Lawrenceville, Daniel Sanmiguel, (Hall County Solicitor's Office), Gainesville, for appellee.
    Case Number: S21A0006

    Trial Court Did Not Err in Instruction to Jury on Statement Made to Police by Murder Appellant Who Was Not in Custody at the Time

  • Childers v. The State

    Publication Date: 2021-03-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Cory DeBord, (Roach, Caudill & Frost, LLP), Canton, for appellant.
    for defendant: Kristen Roch, Carlton Hayes, David McElyea, Gabrielle Molinary, (Cherokee County Solicitor General Office), Canton, for appellee.
    Case Number: A20A1626

    Court affirms conviction for selling a vapor product to minors over defendant's challenge to certain evidence and contentions of insufficient evidence