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  • Gelzer v. The State

    Publication Date: 2018-09-20
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Bryan Howard, (Howard Law Group), Douglasville, for appellant.
    for defendant: David Holmes, Michelle Dissman, Lindsay Raynor, (Douglas County Solicitor General), Douglasville, Matthew Krull, (Solicitor-General), Douglasville, for appellee.
    Case Number: A18A1067

    Court Orders Reconsideration of Motion to Suppress by DUI Suspect Seeking Suppression of Breath Test Results

  • The State v. Alford

    Publication Date: 2018-09-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A18A0939

    Court vacates order suppressing evidence seized from arrestee.

  • Parks v. The State

    Publication Date: 2018-09-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Mark Allen Yurachek, (Yurachek & Associates, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Deputy, (Department of Law), Atlanta, Michael Scott Carlson, Deputy Chief. A.D.A., Grady A. Moore, A.D.A., Amelia Greeson Pray, A.D.A., D. Victor Reynolds, District Attorney (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S18A0949

    Gang Expert's Testimony Properly Admitted to Show Defendant's Participation in Criminal Gang Activity

  • Mangram v. The State

    Publication Date: 2018-08-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: John Clayton Culp, (Waycross Circuit Public Defender), Waycross, for appellant.
    for defendant: Patricia B. Attaway Burton, Deputy, Paula Khristian Smith, Senior Assistant, Christopher M. Carr, Attorney General, (Department Of Law), Atlanta, George Elemuel Barnhill, District Attorney (Waycross Judicial Circuit District Attorney's Office), Waycross, Michelle Chapman McIntire, A.D.A., (Waycross Judicial Circuit District Attorney's Office), Waycross for appellee.
    Case Number: S18A0846

    Accomplice Testimony Was Corroborated by Testimony From Other Witnesses, Surveillance Video, and DNA Evidence

  • The State v. Wilkerson

    Publication Date: 2018-08-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Thomas Bishop, Thomas Earnest, (District Attorney's Office Pataula Judicial Circuit), Cuthbert, for appellant.
    for defendant: Ronald Parker, (Assistant Public Defender), Bainbridge; Christina Cribbs (Georgia Public Defender Council), Augusta, for appellee. 
    Case Number: A18A1253

    Evidence That Defendant Pointed Gun In Direction of Car Supported Finding He Pointed At Car's Occupants

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Family Medical Leave Act 2014

    Authors: Michael D. Malfitano

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  • Thompson v. The State

    Publication Date: 2018-08-15
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Amy Ihrig, (Public Defenders Office, EJC), Savannah, for appellant.
    for defendant: Lauren Purvis, (Chatham County District Attorney's Office), Savannah; Greg McConnell (Assistant District Attorney), Savannah; Lyndsey Rudder (Office of the Fulton County District Attorney), Atlanta, for appellee.
    Case Number: A18A1254

    Denial of New Trial Upheld for Convicted Drug Trafficker Despite Erroneous Admission of Impermissible Character Evidence Where Admission Was Harmless

  • Stripling v. The State

    Publication Date: 2018-08-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Michael Wayne Tarleton (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Aimee F. Sobhani, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Arthur C. Walton (Fulton County Courthouse), Atlanta, for appellee.
    Case Number: S18A0176

    Accomplice Corroboration Instruction Not Required Where Witnesses Weren't Accomplices in Charged Crime

  • Thompson v. The State

    Publication Date: 2018-08-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Damarius Thompson, Helena, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Aimee F. Sobhani (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, Burke Olivia Doherty (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0497

    Prior Inconsistent Statements Properly Admitted to Impeach Testimony of Reluctant Prosecution Witness

  • Evans v. The State

    Publication Date: 2018-08-10
    Practice Area: Criminal Law | Evidence
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: James Luttrell (Attorney at Law), Canton, for appellant.
    for defendant: Emily Richardson (Douglas County District Attorney's Office), Douglasville; Brian Fortner (Douglas County District Attorney), Douglasville; Ryan Leonard (Acting District Attorney), Bonnie Smith (Assistant District Attorney), Douglasville, for appellee.
    Case Number: A18A0184

    Conviction Reversed; Prosecution Failed to Establish That Appellant's Reckless Conduct Caused Inmate's Death

  • Woodrum et al. v. Georgia Farm Bureau Mutual Insurance Company

    Publication Date: 2018-08-09
    Practice Area: Evidence | Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: R. Sims (R. Stephen SIms PC), Springfield, for appellant.
    for defendant: Lee Gillis, Duke Groover (James Bates Brannan Groover LLP), Macon, for appellee.
    Case Number: A18A0596

    Court Abused its Discretion in Excluding Expert's Testimony as a Lay Witness