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  • Wilkey v. The State

    Publication Date: 2023-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: James Luttrell, (Attorney at Law), Canton, for appellant.
    for defendant: Samir Patel, (Cherokee Judicial Circuit - District Attorney’s Office), Cartersville, for appellee.
    Case Number: A23A0431

    Court affirms convictions for family violence aggravated assault over defendant's contentions of insufficient evidence, error, and ineffective assistance of counsel

  • State v. Sapp

    Publication Date: 2023-07-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Christine Barker, (Christine Barker), Savannah, Daphne Totten, (Ogeechee Judicial Circuit District Attorney Ogeechee Judicial Circuit), Statesboro, for appellant.
    for defendant: Robert Phillips, (Phillips & Carson), Savannah, for appellee.
    Case Number: A23A0139

    Court grants a defendant's motion to dismiss the State's appeal of a trial court's order granting a motion in limine to exclude certain prior acts evidence

  • The State v. Shoemaker

    Publication Date: 2023-07-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Gerald Henderson, (Gwinnett County District Attorney), Lawrenceville, Deborah Gonzalez, (Western Judicial Circuit, DA), Athens, for appellant.
    for defendant: Edward Tolley, (Attorney at Law), Athens, Devin Smith, Edward Tolley, (Cook & Tolley LLP), Athens, for appellee; Tasha Mosley, (District Attorney), Jonesboro, Robert Smith, (Prosecuting Attorneys’ Council of Georgia), Morrow, for AM.
    Case Number: A23A0415

    Repealer of Charging Statute Did Not Mandate That Defendant Charged Within Effective Dates Had to be Tried Within Those Dates

  • Burnette v. The State

    Publication Date: 2023-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: David Hoort, Mableton, for appellant.
    for defendant: Sherry Boston, Jason Rea, (DeKalb County District Attorney’s Office), Decatur, for appellee.
    Case Number: A23A0716

    Sufficient Evidence Established That Defendant Knowingly Provided Minor Victim For Purpose of Sexual Servitude

  • Johnson v. The State

    Publication Date: 2023-07-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Cara Clark, (Dwayne C. Singleton, LLC), Griffin, for appellant.
    for defendant: Fani Willis, Richard Caplan, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: A23A0132

    Older Prior Convictions Were Admissible at Trial Where Defendant's Credibility Was Central to Case

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    Pennsylvania Commercial Litigation, Ninth Edition

    Authors: Harry F. Kunselman

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  • Green v. State

    Publication Date: 2023-07-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Gerard Kleinrock, (Attorney at Law), Decatur, for appellant.
    for defendant: Sherry Boston, (Dekalb County District Attorney), Decatur, for appellee.
    Case Number: A23A0477

    Trial Court Erred in Excluding Defense Evidence For Discovery Violation Without Considering Issues of Prejudice or Bad Faith

  • Paris v. City of Atlanta

    Publication Date: 2023-07-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Amanda Johns, Tokunbo Adeleye, (Office of the Public Defender of the City of Atlanta), Atlanta, for appellant.
    for defendant: Raines Carter, Tracey Watson, (City of Atlanta - Office of the City Solicitor), Atlanta, for other party.
    Case Number: A23A0584

    Municipal Court Properly Determined It Lacked Evidentiary Grounds For Binding Case Over to State Court

  • Lute v. The State

    Publication Date: 2023-07-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: William, (Attorney at Law), Sandy Springs, Andrew Fleischman, (Sessions & Fleischman), Sandy Springs, for appellant.
    for defendant: Joseph Stone, Sandra Wisenbaker, (Office of the Solicitor General), Newnan, for appellee.
    Case Number: A23A0449

    Weaving Within Bounds of Single Lane of Travel on Lined Roadway Does Not Violate Georgia Law

  • Lester v. The State

    Publication Date: 2023-07-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Jennifer Arndt, (Assistant Public Defender), Covington, for appellant.
    for defendant: Randal McGinley, Cherie Sebro, (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A23A0599

    Sex Offender Violated Registration Requirement By Failing to Provide New Sleeping Location After He Became Homeless

  • Goode v. The State

    Publication Date: 2023-07-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Greg Willis, (Willis Law Firm), Atlanta, Samuel Sliger, (McDonald & Cody, LLC), Cornelia, for appellant.
    for defendant: William Langley, (District Attorney), Blairsville, Francis Moran, (Lumpkin County District Attorney's Office), Dahlonega, for other party.
    Case Number: A23A0200

    Court reverses denial of a motion to suppress DUI evidence because State failed to prove essential facts top justify a prolonged detention of defendant