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  • Jones v. The State

    Publication Date: 2021-11-09
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Timothy Craig Head, Jr., (Waycross Judicial Circuit Defender’s Office), Waycross, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, George Elemuel Barnhill, (Waycross Judicial Circuit District Attorney’s Office), Waycross, Joshua Timothy Brockington, (Waycross Judicial Circuit District Attorney’s Office), Jesup, for appellee.
    Case Number: S21A1014

    Right to Raise Issue on Appeal Was Waived After Trial Counsel Declined Trial Court's Offer to Give Curative Instruction

  • McClure v. The State

    Publication Date: 2021-11-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Lynn Kleinrock, (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Patsy Austin-Gatson, Christopher DeNeve, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A21A0942

    Court affirms convictions for child molestation and related crimes over defendant's contentions of ineffective assistance of counsel related to alleged evidentiary errors

  • Overstreet v. The State

    Publication Date: 2021-10-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Kathleen Strang, Albany, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Bradford Lee Rigby, (Cordele Judicial Circuit District Attorney's Office), Cordele, for appellee.
    Case Number: S21A0712

    Evidence Supported Jury's Finding Gang Act Was Violated By Gang Member's Commission of Home Invasion and Robbery

  • Allen v. The State

    Publication Date: 2021-10-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Tradd Bosch, (Northern Judicial Circuit Public Defender's Office), Royston, for appellant.
    for defendant: David White, Branden Pollett, (Northern Judicial Circuit District Attorney's Office), Hartwell, Michael Coveney, (District Attorney's Office of the Northern Judicial Circuit), Danielsville, for appellee.
    Case Number: A21A0709

    Court affirms convictions under Georgia Street Gang and Terrorism Act over defendants contentions of evidentiary and other trial court errors

  • Stockert v. Rogers

    Publication Date: 2021-10-26
    Practice Area: Evidence | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Charles Beans, (McLaughlin Law Firm), Alpharetta, for appellant.
    for defendant: David Zagoria, (The Zagoria Law Firm LLC), Atlanta, for appellee.
    Case Number: A21A1047

    Court Improperly Excluded Evidence Based Only on 'Public Policy' Behind Statutory Exclusions That Do Not Apply to Riders of Motorized Skateboards

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    Texas Legal Malpractice & Lawyer Discipline 2024

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • The State v. Hill

    Publication Date: 2021-10-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: David White, (District Attorney), Hartwell, Michael Coveney, (District Attorney's Office of the Northern Judicial Circuit), Danielsville, Benjamin Durfee, (Northern Circuit District Attonrey's Office), Lexington, for appellant.
    for defendant: James Crowe, (Attorney at Law), Athens, for appellee.
    Case Number: A21A1184

    Court reverses order excluding child molestation defendant's two interviews with investigators

  • McIntyre v. The State

    Publication Date: 2021-10-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: Roy W. Copeland, Rodney L. Lawton, (Copeland, Haugabrook & Walker), Valdosta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Parisia Faith Sarfarazi, (Department of Law), Atlanta, Christopher M. Carr, (Office of the Attorney General), Atlanta, Clifford Paul Bowden, Patrick Warren, Bryce Alan Johnson, (Tifton Judicial Circuit District Attorney's Office), Tifton, Larry Michael Johnson, Nashville, for appellee.
    Case Number: S21A1146

    Evidence Supported Felony Murder Conviction; Trial Court Did Not Err in Failing to Charge Jury on Voluntary Manslaughter

  • Poole v. The State

    Publication Date: 2021-10-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: Titus Thomas Nichols, (Nichols Law, P.C.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Leslie Anna Coots, (Department of Law), Atlanta, Christopher M. Carr, (Office of the Attorney General), Atlanta, Sherry Boston, Elizabeth Haase Brock, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S21A1103

    Evidence Supported Defendant's Gang Act Conviction; State Showed Necessary Nexus Between Shooting and Intent to Further Gang Interests

  • Anglin v. The State

    Publication Date: 2021-10-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Jessica Irene Benjamin, Benjamin Alston Pearlman, (Western Judicial Circuit Public Defender), Athens, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Eric Christopher Peters, (Department of Law), Atlanta, Deborah Gonzalez, (Western Judicial Circuit District Attorney's Office), Athens, Christopher M. Carr, (Office of the Attorney General), Atlanta, Patrick Alan Najjar, (Office of the District Attorney Piedmont Judicial Circuit), Jefferson, for appellee.
    Case Number: S21A0845

    Evidence Supported Jury's Conclusion That Defendant Was Guilty of Malice Murder in Shooting Death of Wife's Brother

  • Johnson v. The State

    Publication Date: 2021-10-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Nahmias
    Attorneys: For plaintiff: Steven Eric Phillips, (Office of the Public Defender), Atlanta, Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, William C. Enfinger, (Department of Law), Atlanta, Christopher M. Carr, (Office of the Attorne General), Atlanta, Fani T. Willis, Lyndsey Hurst Rudder, Ruth M. Pawlak, (Fulton County District Atorney's Office), Atlanta, for appellee.
    Case Number: S21A0807

    Evidence of Crimes Committed Shortly Before Charged Crimes Was Admissible as Extrinsic Evidence