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  • Echols v. The State

    Publication Date: 2021-12-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Angela Dillon, Columbus, for appellant.
    for defendant: Mark Jones, Frederick Lewis, (Chattahoochee Judicial Circuit), Columbus, Veronica Hansis, (Columbus Consolidated Government Office of the District Attorney), Columbus, for appellee.
    Case Number: A21A1712

    Court affirms convictions for aggravated assault and aggravated battery over defendant's challenges to sufficiency of evidence

  • Moody v. The State

    Publication Date: 2021-12-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge doyle
    Attorneys: For plaintiff: Forrest Pearce, (Pearce, LLC), Atlanta, for appellant.
    for defendant: Fani Willis, Elizabeth Rosenwasser, (Fulton County District Attorney's Office), Atlanta, Tristan Gillespie, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A21A1108

    Court affirms conviction for assault and battery over defendant's challenge to admission of other-act evidence, ineffective assistance, and due process violation

  • Gayton v. The State

    Publication Date: 2021-12-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Debra Jefferson, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Penny Penn, Courtney Moore, (Forsyth County District Attorney’s Office), Cumming, for appellee.
    Case Number: A21A0939

    Court reverses denial of defendant's motion to suppress evidence collected after defendant's seizure by officers was prolonged beyond a reasonable time.

  • Vallejo v. The State

    Publication Date: 2021-12-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Keegan Gary, Hunter Rodgers, (Paulding Judicial Circuit Public Defender’s Office), Dallas, for appellant.
    for defendant: Donald Donovan, Anthony Williams, Matthew Rollins, (Paulding Circuit District Attorney’s Office), Dallas, for appellee.
    Case Number: A21A1110

    Trial Court Did Not Err in Excluding Evidence of a Prior Allegation of Molestation Made by the Victim; Child Molestation Conviction Affirmed

  • Spillers v. Brinson et al.

    Publication Date: 2021-12-03
    Practice Area: Evidence | Trusts and Estates
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Charles Cox, (Charles E. Cox, Jr., LLC), Macon, Jerry Lumley, (Lumley and Harper, LLC.), Macon, for appellant.
    for defendant: Robert Lawson, Robert Tuggle, (Daniel, Lawson, Tuggle & Jerles, LLP), Perry, for appellee.
    Case Number: A21A0837

    Court affirms denial of summary judgment motion where lay opinion testimony established an issue of material fact as to the authenticity of an insurance beneficiary form

  • 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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  • 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

  • Stafford v. The State

    Publication Date: 2021-12-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, Fani T. Willis, Lyndsey Hurst Rudder, Richard Benjamin Caplan, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: S21A0767

    If Any, in Admitting Evidence of Earlier Crimes Was Harmless

  • Garland v. The State

    Publication Date: 2021-12-01
    Practice Area: Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Scott Grubman, Brittany Cambre, (Chilivis Grubman Dalbey & Warner LLP), Atlanta, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, John Fowler, (Clayton County District Attorney’s Office), Jonesboro, Laura Pfister, Blair McGowan, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A21A1059

    Trial Court Properly Held That Witness in Open Records Act Case Was Qualified to Testify as an Expert in Journalism and First Amendment Law

  • Clemmons v. The State

    Publication Date: 2021-11-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Elizabeth Baker, (Griffin Judicial Circuit District Attorney Fayette County District Attorney’s Office), Fayetteville, Marie Broder, (Spalding County District Attorney’s Office), Griffin, for appellee.
    Case Number: A21A0782

    Court affirms convictions for child molestation and related crimes over defendant's contentions of evidentiary error and ineffective assistance of counsel.

  • Bien-Aime v. The State

    Publication Date: 2021-11-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Ashleigh Merchant, (The Merchant Law Firm, PC), Marietta, for appellant.
    for defendant: Flynn Broady, Linda Dunikoski, Samuel D’entremont, (Cobb County District Attorney’s Office Cobb County Courthouse), Marietta, for appellee.
    Case Number: A21A1014

    Officer Witnessing a Suspect Fitting a Pattern of Criminal Behavior in a High Crime Area Is Not Sufficient to Provide Reasonable, Articulable Suspicion to Detain the Suspect