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  • Jones v. The State

    Publication Date: 2019-06-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Steven Lee Sparger, Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Margaret Ellen Heap, (Office of the District Attorney Eastern Judicial Circuit), Savannah, Jerome M. Rothschild, Jr., (Chatham County District Attorney's Office), Savannah, for appellee.
    Case Number: S19A0101

    Court rejects murder defendant's evidentiary and other objections and affirms his convictions and sentence

  • The State v. Orr

    Publication Date: 2019-06-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Luke Anthony Martin, (Floyd County District Attorney's Office), Rome, for appellant.
    for defendant: Benjamin Henry Pierman, (McCurdy & Candler LLC), Decatur, Christopher M. Carr, (Department of Law), Atlanta, for appellee. Michael Scott Carlson, John Stuart Melvin, D. Victor Reynolds, Amelia Greeson Pray, John Richard Edwards, (Cobb County District Attorney's Office), Marietta, for amicus appellant.
    Case Number: S18G0994

    Georgia's new Evidence Code abrogates proscription against admission of evidence of a defendant's silence

  • Seals v. The State

    Publication Date: 2019-06-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: David Willingham, (Willingham Law Firm, P.C.), Marietta, for appellant.
    for defendant: Amelia Pray, D. Reynolds, John Melvin, (District Attorney's Office, Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A19A0552

    Evidence of Prior Difficulties Between Defendant and Domestic Violence Victim Was Admissible to Counter Self-Defense Claim

  • Horton v. The State

    Publication Date: 2019-06-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Steven Miller, (Attorney at Law), Summerville, for appellant.
    for defendant: Herbert Franklin, Rachael Stein, (Lookout Mountain Judicial Circuit District Attorney's Office), Lafayette, for appellee.  
    Case Number: A19A0311

    Evidence Did Not Support Jury Instruction On Right to Resist Unlawful Arrest or Excessive Force

  • Hamlett v. The State

    Publication Date: 2019-06-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Rodney Zell, (Zell & Zell, P.C.), Savannah, for appellant.
    for defendant: Benjamin First, Amelia Pray, (District Attorney's Office, Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A19A0141

    Evidence of Prior Similar Criminal Conduct Was Admissible at Trial Even Though Conviction Had Been Overturned

  • Law Journal Press | Digital Book

    Florida Domestic Violence: The Practitioner’s Handbook 2017

    Authors: Andrew Wentzell

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  • Earwood v. The State

    Publication Date: 2019-05-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Rex Abernathy, (Cook & Connelly), Summerville, Robert Rutledge, (Robert Christian Rutledge, PC), Rome, for appellant.
    for defendant: Kay Wetherington, Leigh Patterson, (Assistant District Attorney), Rome, for appellee.
    Case Number: A19A0340

    Prosecution Witness's Reference to Uncharged Sexual Misconduct By Defendant Did Not Require Mistrial

  • Cornell v. The State

    Publication Date: 2019-05-22
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Donna Seagraves, (Attorney at Law), Jefferson, for appellant.
    for defendant: James Smith, Erica Shepley, (Jackson County District Attorney's Office), Jefferson, for appellee.
    Case Number: A19A0665

    Minor Victim's Hearsay Statements Properly Admitted Where She Was Subject to Cross-Examination at Trial

  • Moore v. Wellstar Health System, Inc. et al.

    Publication Date: 2019-05-17
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Roy Barnes, James Tribble, (The Barnes Law Group, LLC), Marietta, Meri Benoit, (Malone Law Office), Atlanta, for appellant.
    for defendant: John Hall, Kenneth Jones, (Hall, Booth, Smith & Slover), Atlanta, Melissa Reading, Frederick Gleaton, Laura Strong, (Owen Gleaton Egan Jones & Sweeney LLP), Atlanta, for appellee.
    Case Number: A18A1810

    Court grants new trial to medical malpractice plaintiff because of introduction of hearsay evidence at first trial

  • Jones v. The State

    Publication Date: 2019-05-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Christina Gayle Woodward Bennett, Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Scott Orion Teague, Christopher M. Carr, (Department of Law), Atlanta, Karl David Cooke, Jr., Cara Raye Fiore, (Macon Judicial Circuit District Attorney's Office), Macon, for appellee.
    Case Number: S19A0392

    Trial Court Did Not Abuse Discretion in Refusing to Allow Defendant to Impeach Witness on Cross-Examination Based on First Offender Plea

  • Burgess v. Hall

    Publication Date: 2019-05-15
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Brenda Joy Bernstein, (The Bernstein Firm, PC), Palmetto, Leigh Ann Webster, (Strickland Webster, LLC), Atlanta, for appellant.
    for defendant: Christopher M. Carr, Paula Khristian Smith, Patricia B. Attaway Burton, (Department of Law), Atlanta, Franklin Daniel Miller, (King Law Group), Dublin, for appellee.
    Case Number: S19A0041

    Trial Counsel's Failure to Focus on Co-Defendant's Limited Intellectual Capacity During Cross-Examination Did Not Constitute Ineffective Assistance