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  • Glover v. The State

    Publication Date: 2020-07-14
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Robert Lawrence Persse, Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien, (Department of Law), Atlanta, Margaret Ellen Heap, Jerome M. Rothschild, Jr., Abigail Beth Long, (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S20A0133

    Prosecutor's Closing Argument Comment Regarding Defendant's Decision Not to Exercise Right to Silence Was Not Improper

  • Scott v. The State

    Publication Date: 2020-07-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Robert Lawrence Persse, Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Leslie Anna Coots, (Department of Law), Atlanta, Margaret Ellen Heap, Noah Jared Abrams, (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S20A0125

    Physician's Letter and Representations of Counsel Were Sufficient to Establish Crime Victim Was Not Available to Testify at Trial

  • McMurray v. The State

    Publication Date: 2020-07-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: G. Stepp, (G. Richard Stepp, P.C.), Lawrenceville, for appellant.
    for defendant: Sabrina Nizamuddin, Daniel Porter, (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A20A0744

    Evidence Did Not Support Conviction for Theft by Receiving Stolen Property; Search Warrant Affidavit Failed to Establish Probable Cause

  • Wright v. The State

    Publication Date: 2020-07-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Reese
    Attorneys: For plaintiff: James Bischoff, (Bischoff Law LLC), Fayetteville, for appellant.
    for defendant: Scott Ballard, (District Attorney), Griffin, Benjamin Coker, (District Attorney), Thomaston, Marie Broder, (Spalding County District Attorney's Office), Griffin, Brittany Fallin, (Upson County District Attorney's Office), Thomaston, for appellee.
    Case Number: A20A0740

    Trial Court Improperly Revoked Probation Based on Defendant's Possession of Meth Pipe; State Only Showed Spatial Proximity, Not Admissible Evidence

  • Sherrod v. The State

    Publication Date: 2020-07-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Peter Johnson, (Attorney at Law), Augusta, for appellant.
    for defendant: Samuel Altman, Kelly Weathers, (Middle Judicial Circuit - District Attorney), Swainsboro, for appellee.
    Case Number: A20A0703

    Trial Court Did Not Err in Admitting Evidence of Prior Difficulties and Bad Character; Aggravated Assault, Reckless Conduct Convictions Affirmed

  • Arrington v. The State

    Publication Date: 2020-07-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Sydney Strickland, (Strickland & Webster, LLC), Atlanta, for appellant.
    for defendant: Joyette Holmes, Amelia Pray, D. Reynolds, John Melvin, (District Attorney's Office, Cobb Judicial Circuit), Marietta, Macon, for appellee.
    Case Number: A18A0829

    Court reverses denial of armed robbery defendant's motion for a new trial due to trial court error in admitting other acts evidence

  • Westbrook v. The State

    Publication Date: 2020-07-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Gregory Smith, (The Smith Group, Attorneys at Law), Bainbridge, for appellant.
    for defendant: Seterria Brodnex, Gregory Edwards, (Dougherty County District Attorney's Office), Albany, for appellee.
    Case Number: A20A0579

    Court affirms defendant's armed robbery and other convictions over his challenge to trial court's admission of evidence of his guilty plea to a prior armed robbery

  • Lopez v. The State

    Publication Date: 2020-07-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Brian Huffman, (The Huffman Law Firm), Savannah, for appellant.
    for defendant: Margaret Heap, Katie Fite-Magyar, (Chatham County District Attorney's Office), Savannah, for appellee.
    Case Number: A20A0425

    Court affirms family violence battery convictions over defendant's evidentiary challenges but remands for resentencing due to trial court merger error

  • The State v. Cartee et al.

    Publication Date: 2020-07-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: William Langley, (District Attorney), Blairsville, Samantha Barrett, (Enotah Judicial Circuit District Attorney's Office), Cleveland, for appellant.
    for defendant: Catherine Bernard, (Attorney at Law), Dublin, Jeffrey Wolff, (Attorney at Law), Dahlonega, for appellee.
    Case Number: A20A0439

    Court affirms order suppressing marijuana-growing evidence seized during a search because the search warrant was not supported by probable cause

  • Thompson v. The State

    Publication Date: 2020-06-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Lon Powell Kemeness, Tifton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Leslie Anna Coots, (Department of Law), Atlanta, Clifford Paul Bowden, (Tifton Judicial Circuit District Attorney's Office), Tifton, for appellee.
    Case Number: S20A0245

    Trial Court Did Not Err by Allowing Admission of Testimony Regarding Other Alleged Acts of Violence Committed by Defendant Against Family Members