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  • Clark v. The State

    Publication Date: 2020-08-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Jennifer Faith Arndt, (Newton County Public Defender's Office), Covington, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Alex Martin Bernick, (Department of Law), Atlanta, Layla Hinton Zon, Randal Matthew McGinley, (Alcovy Judicial Circuit District Attorney's Office), Covington, for appellee.
    Case Number: S20A0688

    Evidence Supported Jury's Rejection of Defendant's Claim Someone Else Shot Victim

  • Riley v. The State

    Publication Date: 2020-08-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A20A1376

    Court affirms convictions for possession of tools to commit a crime and forgery over defendant's contentions of evidentiary error

  • Lee v. Smith

    Publication Date: 2020-08-21
    Practice Area: Evidence | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: David Atkinson, Bradley Wolff, Eleanor Jolley, (Swift Currie McGhee & Hiers, LLP) Atlanta, for appellant.
    for defendant: Matthew Alford, Nathan Cronic, (Willis McKenzie LLP), LaGrange, for appellee.
    Case Number: A18A0739

    Trial Court Must Reconsider its Decision to Exclude a Witness Who Was Not Timely Identified in Compliance With a Pretrial Scheduling Order

  • Summers v. The State

    Publication Date: 2020-08-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Michael Ray, (Grisham & Poole, P.C.), Canton, for appellant.
    for defendant: Cliff Head, Shannon Wallace, (Assistant District Attorney), Canton, for appellee.
    Case Number: A20A0336

    Court affirms restitution order against defendant convicted of burglary over her objections to the sufficiency of the evidence of the value of the stolen goods

  • Martinez-Arias v. The State

    Publication Date: 2020-08-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Matthew Cavedon, (Northeastern Circuit Public Defender's Office), Gainesville, for appellant.
    for defendant: Lee Darragh, (District Attorney, Nejc of GA Northeastern Judicial Circuit), Gainesville, Anna Fowler, (Hall County District Attorney's Office), Gainesville, for appellee.
    Case Number: A20A1080

    Trial Court Did Not Err in Admitting Testimony From Child Molestation Victim's School Counselor; Testimony Was Admissible as Lay Opinion Evidence

  • Smith v. The State

    Publication Date: 2020-08-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Wayne L. Burnaine, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien, (Department of Law), Atlanta, Daniel J. Porter, Lee Franklin Tittsworth, Daniel Sanmiguel, (Gwinnett County District Attorney's Office), Lawrenceville, Elizabeth Haase Brock, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S20A0119

    In Case Where Defendant Killed Her Husband, Trial Court Did Not Err in Excluding Documents Reflecting Husband's Prior Domestic Violence Against Defendant

  • The State v. Voyles

    Publication Date: 2020-08-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Donald Donovan, Anthony Williams, Ashley Cox, (Assistant District Attorney), Dallas, for appellant.
    for defendant: Candace Rader, (Attorney at Law), Carrollton, for appellee.
    Case Number: A18A0771

    Court Vacates Order as to DUI Defendant's Prior Consents to Blood Tests and as to His Arrest, References to Which Should Not Include His Refusal to Take a Breath Test

  • Davenport v. The State

    Publication Date: 2020-08-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Jerry W. Chappell, Roswell, for appellant.
    for defendant: Christopher Allen Arnt, Herbert E. Franklin, (Lookout Mountain Judicial Circuit District Attorney's Office), LaFayette, Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Leslie Anna Coots, (Department of Law), Atlanta, for appellee.
    Case Number: S20A0035

    Evidence Supported Malice Murder Conviction; Trial Court Did Not Abuse Its Discretion in Admitting Hearsay Evidence of Prior Difficulties Between Defendant and Victim

  • Lofton v. The State

    Publication Date: 2020-08-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Lynn M. Kleinrock, (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Daniel J. Porter, Lee Franklin Tittsworth, Samuel Richard d'Entremont, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S20A0196

    Trial Court Did Not Err in Allowing Felony Murder Victim's Motion Identify Her Son in a Photograph; Danger of Unfair Prejudice Did Not Substantially Outweigh Probative Value

  • Swearngin v. Rowell

    Publication Date: 2020-08-12
    Practice Area: Evidence | Privacy
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Candace Rader, (Attorney at Law), Carrollton, for appellant.
    for defendant: Michael Pryor, (Michael P. Pryor, P.C.), Atlanta, for appellee.
    Case Number: A20A0236

    Court affirms extension of a protective order against a stalker who challenged evidence admission of certain evidence and claimed trial court's abuse of discretion