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  • Bourassa v. The State

    Publication Date: 2018-05-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Stephen Reba (Attorney at Law), Atlanta, for appellant.
    for defendant: Emily Richardson (Douglas County District Attorney's Office), Douglasville; Brian Fortner (Douglas County District Attorney), Douglasville; Bonnie Smith (Assistant District Attorney Douglas County Courthouse), Douglasville, for appellee.
    Case Number: A17A1602

    The trial court did not err in holding that defendant did not satisfy his burden of establishing standing to challenge the introduction of telephone calls law enforcement intercepted, as none of the targeted phone numbers belonged to or were associated with defendant and defendant did not offer or point to any testimony or other evidence that established that his voice could be heard in the recordings State sought to introduce.

  • The State v. Abbott

    Publication Date: 2018-05-01
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Joshua Bradley Smith, Henry Wayne Syms Jr., Tyler McKenzie Gray (Augusta Judicial Circuit District Attorney's Office), Augusta; Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for appellant.
    for defendant: Ricardo Bravo (Law Offices of Ricardo Bravo LLC), Augusta; Charles R. Sheppard, Evans, for appellee.
    Case Number: S17A1583

    The trial court properly suppressed defendant's pre-Miranda warning statements to investigators but applied the wrong legal standard in suppressing his post-Miranda statements, which the trial court determined resulted from an improper interrogate first, warn later procedure.

  • Robinson v. The State

    Publication Date: 2018-04-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Margaret Elizabeth Heinen (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Rosemary M. Greene, Sharon Moyer Fox (Cherokee Judicial Circuit District Attorney's Office), Cartersville, for appellee.
    Case Number: S17A1903

    The evidence supported defendant's convictions for malice murder, two counts of felony murder, attempted armed robbery, possession of a firearm in commission of a felony and possession of a firearm by a convicted felon and there was ample evidence corroborating the accomplice's testimony.

  • The State v. Andre Plaines

    Publication Date: 2018-04-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Margaret Heap (District Attorney), Savannah; Kristjan Whiteway (Office of the District Attorney Eastern Judicial District), Savannah, for appellant.
    for defendant: Amy Ihrig (Public Defenders Office EJC), Savannah, for appellee.
    Case Number: A17A1433

    The trial court abused its discretion in denying State's motion of its intention to introduce other-act evidence in defendant's trial, as the trial court erred in finding that the other-acts evidence was not relevant under O.C.G.A. § 24-4-404 (b).

  • Norfolk Southern Railway Company v. Lewis

    Publication Date: 2018-04-27
    Practice Area: Damages | Evidence | Labor Law
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Laurie Daniel, Matthew Friedlander (Holland & Knight), Atlanta; Walker Stewart (Hall, Bloch, Garland & Meyer, LLP), Macon, for appellant.
    for defendant: John Moss, John Steel (Steel and Moss LLP), Atlanta, for appellee.
    Case Number: A17A2081

    Evidence of Workers' Compensation Claimant's Self-employment Activity was Relevant to Issues of Lost Wages, Earning Capacity, and Pain and Suffering

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  • McKoy v. The State

    Publication Date: 2018-04-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Thomas McKee West (Thomas M. West, Attorney at Law), Bethlehem, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Vanessa Therese Meyerhoefer (Department of Law), Atlanta; Brian Keith Fortner; Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S17A1994

    The trial court did not err in striking defendant's direct testimony after he refused to submit to cross-examination in his trial on a charge of malice murder in connection with the shooting death of his estranged wifes girlfriend.

  • Jenkins v. The State

    Publication Date: 2018-04-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Brian Steel (The Steel Law Firm PC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Elizabeth A. Baker, Jay Marvin Jackson, Tracy Graham Lawson, Elizabeth Rosenwasser (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A1743

    Although the evidence supported defendant's convictions for felony murder, possession of a firearm during the commission of aggravated assault and possession of a firearm during the commission of aggravated battery in connection with the shooting death of his son, the Court partially vacated his sentences and remanded for resentencing because the possession charges merged with each other and the trial court erred in sentencing defendant on both counts.

  • Graves v. The State

    Publication Date: 2018-04-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Long Dai Vo, Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Anna Green Cross, Sherry Boston, Gerald Mason, (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S17A1709

    Any error in the trial court's decision to exclude alibi testimony based on the defense's failure to give notice under O.C.G.A. §17-16-5 (a) was harmless in light of the overwhelming evidence of guilt in defendant's trial for murder and related crimes.

  • Cooper Tire & Rubber Company v. Koch et al.

    Publication Date: 2018-04-25
    Practice Area: Civil Procedure | Evidence | Products Liability
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Laurie Webb Daniel (Holland & Knight LLP), Atlanta; Reed Thomas Warburton, (Bradley Arant Boult Cummings LLP), Birmingham; George R. Neuhauser (Nall & Miller LLP), Atlanta; Scott Burnett Smith (Bradley Arant Boult Cummings LLP), Huntsville, for appellant.
    for defendant: Katherine Lee McArthur, Caleb Frank Walker, Laura K. Hinson Penn (Katherine L. McArthur LLC), Macon; Tracey Lynn Dellacona (Dellaconna Law Firm), Macon, for appellee. Ashby K. Fox, Louis G. Fiorilla (Burr & Forman LLP), Atlanta; Forrest S. Latta (Burr & Forman LLP), Mobile; Brian David Boone (Alston & Bird LLP), Charlotte; Leonard Searcy II (Shook, Hardy & Bacon, L.L.P.), Kansas City; Philip S. Goldberg (Shook, Hardy & Bacon, LLP), Washington, for amicus appellant. Stephen Christopher Collier (Hawkins & Parnell, LLP), Atlanta; Michael Atkinson Arndt (Hawkins Parnell Thackston & Young, LLP), Atlanta; George Lee Welborn (Downey, Cleveland, Parker & Williams), Marietta, for other party.
    Case Number: S17G0654

    The trial court did not abuse its discretion in denying defendant's motion to dismiss, or alternatively, to bar certain evidence as a sanction for spoliation of evidence, as the record supported the trial court's conclusion that litigation was not reasonably foreseeable when plaintiff destroyed the evidence.

  • Harris v. The State

    Publication Date: 2018-04-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Edwin Wilson (Attorney at Law), Snellville, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Lee Tittsworth (Gwinnett Circuit District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A18A0513

    Defendant failed to prove his ineffective assistance of counsel claims following his convictions for criminal attempt to commit armed robbery, entering an auto with intent to commit theft and three counts of armed robbery.