• The State v. Houston

    Publication Date: 2021-12-21
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Fani T. Willis, Kenneth D. Kondritzer, Lyndsey Hurst Rudder, Keith Elliott Gammage, (Fulton County Solicitor General's Office), Atlanta, for appellant.
    for defendant: Joseph Scott Key, (Miller & Key, PA), McDonough, for appellee.

    Case Number: S21A0957

    Habeas Court Properly Found Defendant Was Not Advised of His Right to Counsel at Plea Hearing

  • McNeil v. The State

    Publication Date: 2021-12-16
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Devin Rafus, (Arora Law Firm LLC), Atlanta, for appellant.
    for defendant: David Parrish, Marietta, John Cranford, (Coweta Judicial Circuit), Newnan, for appellee.

    Case Number: A21A1600

    Court reverses denial of motion to suppress evidence seized during a traffic stop because the officer unreasonably prolonged the stop without reasonable suspicion

  • George v. The State

    Publication Date: 2021-12-03
    Practice Area: Constitutional Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Boggs
    Attorneys: For plaintiff: Eric C. Crawford, (Crawford & Boyle, LLC), Monroe, for appellant.
    for defendant: Randal Matthew McGinley, Jacqueline Payne Fletcher, Kristen Nicole Smith, (Alcovy Judicial Circuit District Attorney’s Office), Monroe, for appellee.

    Case Number: S21G0429

    Court of Appeals Erred in Considering the Relevance of Evidence Alone as Justifying Its Seizure Outside the Scope of a Search Warrant

  • Rockdale County v. U.S. Enterprises, Inc. et al.

    Publication Date: 2021-12-02
    Practice Area: Constitutional Law | Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Chief Justice Nahmias
    Attorneys: For plaintiff: William Joseph Linkous, (Hall County Law Department), Gainesville, Mirza Qader Ali Baig, (M. Qader A. Baig & Associates, LLC), Conyers, for appellant.
    for defendant: Roy E. Barnes, Benjamin Robert Rosichan, (The Barnes Law Group, LLC), Marietta, Richard A. Carothers, (Carothers & Mitchell, LLC), Buford, for appellee.

    Case Number: S21A0718

    County Ordinance's Definition of Prohibited "Truck Stop" Was Not Unconstitutionally Vague

  • Ash v. The State

    Publication Date: 2021-12-02
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Jackie Lynn Tyo, (Georgia Public Defender Council Appellate Division), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Richard Benjamin Caplan, Fani T. Willis, Lyndsey Hurst Rudder, (Fulton County District Attorney’s Office), Atlanta, for appellee.

    Case Number: S21A0771

    No Showing Made That Photo on Cell Phone Destroyed by Police Had Exculpatory Value

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • The State v. Ward

    Publication Date: 2021-11-29
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Deborah Gonzalez, (Western Judicial Circuit, DA), Athens, Patricia Brooks, Winder, for appellant.
    for defendant: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellee.

    Case Number: A21A0952

    Trial Counsel Should Have Objected to Prosecution's Derivative Use at Trial of Defendant's Earlier Compelled Statements to Employer

  • Stewart v. The State

    Publication Date: 2021-11-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Tyler Carey, (Frost & Carey, LLC.), Covington, for appellant.
    for defendant: Randal McGinley, (Newton County District Attorney’s Office), Covington, Tara Latimer, (Walton County DA’s Office), Monroe, for appellee.

    Case Number: A21A0972

    Trial Court Failed to Ensure Defendant's Waiver of Right to Counsel Was Knowing and Voluntary

  • Ramirez-Ortiz v. The State

    Publication Date: 2021-11-19
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Frances Kuo, Atlanta, for appellant.
    for defendant: Patsy Austin-Gatson, Nigel Lush, Christopher DeNeve, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.

    Case Number: A21A0982

    Other-Acts Evidence Properly Admitted at Trial to Show Accused Child-Molester's Intent and Propensity to Act

  • American Civil Liberties Union, Inc. v. Zeh

    Publication Date: 2021-11-11
    Practice Area: Constitutional Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Nahmias
    Attorneys: For plaintiff: John P. Batson, (The Law Office of John P. Batson), Augusta, Leslie K. Eason, Tiffany N. Taylor, (Gordon Rees Scully Mansukhani, LLP), Atlanta, Sean Jengwei Young, Brian Matthew Hauss, Andres M. Lopez-Delgado, (American Civil Liberties Union Foundation Of Georgia, Inc.), Atlanta, for appellant.
    for defendant: Brent J. Savage, Kathryn Hughes Pinckney, (Savage Turner Pinckney & Savage), Savannah, for appellee; David E. Hudson, (Hull Barrett, PC), Augusta, for Other Party; Clare Rivka Norins, (First Amendment Clinic), Athens, Joshua Barrett Belinfante, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, for Amicus Appellant.

    Case Number: S20G1473

    Actual Malice Standard Applies to Public Official, Who Fails to Show in Defamation Claim That ACLU Disbelieved Truth of Disputed Statements in Blog Post

  • Pass v. The State

    Publication Date: 2021-11-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Jeremiah Roberts, (Georgia Public Defender Council), Athens, for appellant.
    for defendant: Deborah Gonzalez, Kenneth Mauldin, Landon Fogle, (Western Judicial Circuit District Attorney’s Office), Athens, for appellee.

    Case Number: A21A0756

    Trial Counsel's Failure to Obtain Client's Consent Before Conceding Guilt to Lesser Charges Was Not Structural Error