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  • Merritt v. The State

    Publication Date: 2021-07-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: James Kenneth Luttrell, Canton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Oliver Jackson Browning, Jr., (Tallapoosa Judicial Circuit District Attorney's Office), Cedartown, for appellee.
    Case Number: S21A0288

    Trial Court's Abused of Discretion in Allowing Witness Testimony on Prior Allegation of Sexual Battery Did Not Contribute to Jury's Verdict

  • Taylor v. The State

    Publication Date: 2021-07-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Jennifer Faith Arndt, (Newton County Public Defender's Office), Covington, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Alex Martin Bernick, (Department of Law), Atlanta, Randal Matthew McGinley, Walter Cliff Howard, (Alcovy Judicial Circuit District Attorney's Office), Covington, for appellee.
    Case Number: S21A0297

    Evidence Was Sufficient to Find Appellant Guilty Beyond a Reasonable Doubt of Felony Murder and Related Crimes

  • Sullivan v. The State

    Publication Date: 2021-07-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Gerard Bradley Kleinrock, (Office of the Public Defender), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Alex Martin Bernick, (Department of Law), Atlanta, Deborah D. Wellborn, Sherry Boston, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S21A0229

    Court Affirms Malice Murder and Related Convictions; Defendant Fails to Show His Trial Counsel Was Ineffective for Failure to Present Evidence of Victim's Gang Affiliation

  • Hood v. The State

    Publication Date: 2021-07-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Christina Rupp Cribbs, (Georgia Innocence Project), Atlanta, Michael Wayne Tarleton, (Georgia Public Defender Council - Appellate Division), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick, (Department of Law), Atlanta, Brian Vance Patterson, (The Law Office of Brian V. Patterson, LLC), Athens, for appellee.
    Case Number: S21A0267

    Appellant Failed to Establish Reasonable Probability That Jury Would Have Reached a Different Verdict Had it Been Aware of Material Impeachment Evidence Relating to Witness

  • Montanez v. The State

    Publication Date: 2021-07-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Steven Eric Phillips, (Office of the Public Defender), Atlanta, for appellant.
    for defendant: Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Kevin Christopher Armstrong, Lyndsey Hurst Rudder, (Fulton County District Attorney's Office), Atlanta, Paul L. Howard, Jr., Atlanta, for appellee.
    Case Number: S21A0246

    Evidence Was Sufficient to Sustain Conviction as to Possession of a Firearm by a Convicted Felon; Evidence Independent of Alleged Accomplice's Testimony Provided Slight Corroboration of Alleged Accomplice's Account

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    Texas Legal Malpractice & Lawyer Discipline 2024

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

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  • Wilson v. The State

    Publication Date: 2021-07-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Michael Wayne Tarleton, (Georgia Public Defender Council - Appellate Division), Atlanta, Veronica M. O'Grady, (Clayton County Public Defender), Morrow, Christina Rupp Cribbs, (Georgia Innocence Project), Atlanta, for Appellant.
    for defendant: Christopher Allen Arnt, (Lookout Mountain Judicial Circuit District Attorney's Office), LaFayette, Megan Camille Gaither, (Lookout Mountain Judicial Circuit District Attorney's Office), Ringgold, for Appellee.
    Case Number: S20G1295

    Court affirms convictions for child molestation and other crimes over defendant's claims that prior act evidence was inadmissible

  • McCurdy v. The State

    Publication Date: 2021-07-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Eric Crawford, (Crawford and Boyle, LLC), Monroe, for appellant.
    for defendant: Joshua Smith, Henry Syms, Jared Williams, (District Attorney's Office Augusta Judicial Circuit), Augusta, for appellee.
    Case Number: A21A0540

    Court affirms convictions for rape and child molestation but vacates sentence and remands for merger of counts relating to possession of sexually explicit videos

  • Williams v. The State

    Publication Date: 2021-07-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Lucy Roth, (Augusta Office of the Public Defender), Augusta, for appellant.
    for defendant: Joshua Smith, Henry Syms, Jared Williams, (Office of the District Attorney), Augusta, for appellee.
    Case Number: A21A0390

    Court reverses denial of new trial motion in drug possession case where trial court erroneously denied a motion to suppress evidence

  • Douglas R. Wilson et al v. Redmond Construction, Inc.

    Publication Date: 2021-07-09
    Practice Area: Attorney Compensation | Civil Procedure | Evidence
    Industry: Construction | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Robert Lovett, (FisherBroyles, LLP), Savannah, for appellant.
    for defendant: Thomas Evans, (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A21A0506

    Bona Fide Controversy Precluded Attorney Fees Award For Stubborn Litigiousness or Unnecessary Trouble and Expense

  • Whitson v. The State

    Publication Date: 2021-07-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Darius Pattillo, Sharon Hopkins, (Henry County District Attorney's Office), McDonough, for appellee.
    Case Number: A21A0389

    Other-Acts Evidence of Act Committed Against Past Girlfriend Admissible to Prove Alleged Acts Against Recent Girlfriend