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  • Demuro v. The State

    Publication Date: 2023-09-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Amanda Jones Walker, (Eastern Judicial Circuit Office of the Public Defender), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Rosenwasser, (Department of Law), Atlanta, Margaret Ellen Heap, (Office of the District Attorney Eastern Judicial Circuit), Savannah, Aletha Claire Farley, (Chatham County District Attorney’s Office), Savannah, for appellee.
    Case Number: S23A0647

    Court Reporter's Difficulty Transcribing Court's Verbal Instructions Insufficient to Establish Instructions Were Not Complete

  • Jackson v. The State

    Publication Date: 2023-09-20
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Christina Michelle Kempter, (Kempter Law Group, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Anita Reynolds Howard, Cynthia Trimboli Adams, (Macon Judicial Circuit District Attorney’s Office), Macon, for appellee.
    Case Number: S23A0595

    Trial Counsel Not Ineffective For Not Objecting to Witness's Testimony That Defendant Hit and Threatened Her After He Committed Crime

  • Mitchell v. The State

    Publication Date: 2023-09-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Peterson
    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, Chelsea Sharonlyn-Clyde Harvey, (Department of Law), Atlanta, Fani T. Willis, Kevin Christopher Armstrong, Michael Scott Carlson, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: S23A0599

    Prior Armed Robbery Incidents Properly Admitted to Prove Intent Element in Current Armed Robbery Charge

  • Blazek v. The State

    Publication Date: 2023-09-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Thomas Thomas, (Attorney at Law), Atlanta, for appellant.
    for defendant: Lisamarie Bristol, Joseph Morales, (Gwinnett County Solicitor General), Lawrenceville, for appellee.
    Case Number: A23A0949

    Court affirms trial court ruling to admit results if a breath test in a DUI case over defendant's objection that he had not freely and voluntarily consented to the test.

  • Miller v. The State

    Publication Date: 2023-08-31
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Alan Norton, (Luther-Anderson, PLLP), Chattanooga, for appellant.
    for defendant: Chris Arnt, (Superior Court Judge LMJC), Trenton, Clayton Fuller, Matthew Moore, (Lookout Mountain Judicial Circuit District Attorney), Lafayette, for appellee.
    Case Number: A23A1154

    Evidence of Sex Offense Convictions 16 Years Earlier Was Admissible at Trial to Prove Recent Child Molestations

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    Chester County Court Rules 2024

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  • Da Silva v. The State

    Publication Date: 2023-08-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Tyler Conklin, (Conklin Law Firm), 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: A23A0922

    Defendant's Offhand Remark During Trial Testimony Placed His Character at Issue, Opening Door to Impeachment Evidence

  • Allen v. The State

    Publication Date: 2023-08-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Peterson
    Attorneys: For plaintiff: Scott Richard King, (SK Law Group), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr, (Department of Law), Atlanta, Elizabeth A. Baker, Constance Monique Harris, Marie Greene Broder, (Griffin Circuit District Attorney’s Office), Griffin, for appellee.
    Case Number: S23A0436

    Crime-Scene Video Did Not Support Defendant's Self-Defense Claim

  • Whitaker Farms, LLC v. Fitzgerald Fruit Farms, LLC

    Publication Date: 2023-08-15
    Practice Area: Damages | Evidence
    Industry: Agriculture
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: John Christy, (Schreeder, Wheeler & Flint), Atlanta, Nathan Lee, (Glover & Davis, P.A.), Newnan, Frank Lowrey, (Bondurant, Mixson & Elmore), Atlanta, Edwin Page, Atlanta, for appellant.
    for defendant: Nowell Berreth, (Alston & Bird LLP), Atlanta, Max Marks, (The Block Firm, LLC), Atlanta, for appellee.
    Case Number: A23A0438

    Court affirms punitive damages and fee awards for a lessee of farm property after a successor lessor locked the lessee out of the property with malice and in bad faith

  • Ridley v. The State

    Publication Date: 2023-08-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Bryan Howard, (Howard Law Group), Douglasville, Brandon Bullard, (The Bullard Firm, LLC), Atlanta, for appellant.
    for defendant: Anthony Williams, Matthew Rollins, Colleen Hampton, (Paulding County Circuit District Attorney’s Office), Dallas, for appellee.
    Case Number: A23A0333

    Court vacates an order excluding evidence of pending criminal charges against an investigator in a child molestation case and remands correct Rule 403 analysis

  • Johnson v. The State

    Publication Date: 2023-08-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: William McIntosh, (Western Circuit Public Defender Office), Athens, for appellant.
    for defendant: Gerald Henderson, (Gwinnett County District Attorney), Lawrenceville, Deborah Gonzalez, (Western Judicial Circuit, DA), Athens, for appellee.
    Case Number: A23A0259

    Court affirms convictions for kidnapping, rape, and other crimes over defendant's contentions of trial court evidentiary error and ineffective assistance of counsel