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  • Vaughn v. The State

    Publication Date: 2019-10-17
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Lynn Kleinrock, (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Robby King, Daniel Porter, (District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A19A0956

    Defendant Waived Issue as to Whether Evidence Code Provision Unconstitutionally Shifted Burden to Him to Prove His Innocence

  • Easley v. The State

    Publication Date: 2019-10-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Steven Chen, (Steven C. Chen PC), Lawrenceville, for appellant.
    for defendant: Patrician Burton, Christopher Carr, Paula Smith, Thomas Williams, (Assistant District Attorney), Lawrenceville, Daniel Porter, Lee Tittsworth, (Gwinnett Circuit District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A19A0903

    Defendant Was Not Prejudiced By Prosecution's Untimely Delivery of Recording of Witness's Custodial Interview With Police

  • Turner v. The State

    Publication Date: 2019-10-11
    Practice Area: Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Tradd Bosch, (Northern Judicial Circuit Public Defender's Office), Royston, for appellant.
    for defendant: David White, (District Attorney), Hartwell, for appellee.
    Case Number: A19A1028

    Trial Court Properly Denied DUI Defendant's Motion to Suppress Results of Tests Performed During a Roadblock

  • Chambers v. The State

    Publication Date: 2019-10-10
    Practice Area: Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: John Donnelly, (Western Circuit Public Defender's Office), Athens, for appellant.
    for defendant: Kenneth Mauldin, Brian Patterson, (District Attorney), Athens, for appellee.
    Case Number: A19A1117

    Trial Court Properly Admitted Into Evidence Victim's Prior Inconsistent Statement and Defendant's Prior Bad Acts

  • Brown v. The State

    Publication Date: 2019-10-10
    Practice Area: Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Derek Wright, (Attorney at Law), Atlanta, for appellant.
    for defendant: Donna Stribling, William Kemp, Kevin Majeske, (Dekalb County Solicitor General's Office), Decatur, for appellee.
    Case Number: A19A0796

    Trial Court Erred in Failing to Merge Two Speeding Counts for Sentencing Purposes

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    Authors: Thomas P. Scrivo, Steven H. Sholk, Gibbons P.C.

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  • O'Shields v. The State

    Publication Date: 2019-10-10
    Practice Area: Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Holly Peace, (Manning Legal Group, LLC), Peachtree City, for appellant.
    for defendant: John Fowler, Tracy Lawson, Elizabeth Rosenwasser, (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: A19A0899

    Trial Court Erred in Denying Requested Jury Instruction on Lesser Included Offenses; New Trial Granted Based on Erroneous Jury Instructions

  • Martin v. The State

    Publication Date: 2019-10-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Laura D. Hogue, (Hogue, Hogue, Fitzgerald & Griffin), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Louie Craig Fraser, Kelli Maria Adams, Jason Matthew Rea, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S19A0489

    Trial Court's Exclusion of Murder Victim's History of Drug Dealing and Drug Use Was Not Clear Error

  • Irving v. The State

    Publication Date: 2019-10-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Shawanda Brown, (Smith & Brown, LLC), Newnan, for appellant.
    for defendant: David Parrish, Marietta, John Cranford, (Coweta Judicial Circuit), Newnan, for appellee.
    Case Number: A19A1204

    Court affirms armed robbery and other convictions over evidentiary and other challenges, but remands case for resentencing on certain charges

  • Moton v. The State

    Publication Date: 2019-10-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Ryan Locke, (Locke Law Firm, LLC), Atlanta, for appellant.
    for defendant: Layla Zon, (District Attorney), Covington, Amber Bennett, (Newton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A19A1422

    Court affirms admissibility of other acts evidence and affirms drug possession convictions

  • Varner v. The State

    Publication Date: 2019-10-02
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Steven Lee Sparger, Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Michael Alexander Oldham, Christopher M. Carr, (Department of Law), Atlanta, Margaret Ellen Heap, Jennifer Leigh Parker, Greg McConnell, (Office of The District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S19A0951

    Admission of Video Recording of Dying Victim's Statements to Police Did Not Violate Confrontation Clause