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  • Cooke v. The State

    Publication Date: 2020-10-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Terry Taylor, (Attorney at Law), Evans, for appellant.
    for defendant: Joshua Smith, Natalie Paine, Henry Syms, (Office of the District Attorney), Augusta, for appellee.
    Case Number: A20A1428

    Evidence of Prior Incident Between Defendant and Robbery/Assault Victim Was Admissible as Similar Transaction Evidence

  • Wallace v. The State

    Publication Date: 2020-10-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Timothy Craig Head, (Waycross Judicial Circuit Defender's Office), Waycross, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill, (Department of Law), Atlanta, George Elemuel Barnhill, Michelle Chapman McIntire, (Waycross Judicial Circuit District Attorney's Office), Waycross, for appellee.
    Case Number: S20A1186

    It Was for the Jury, Not the Court, to Resolve Possible Conflicts in Evidence and Questions on Witness Credibility; Murder Conviction Sustained

  • Fisher v. The State

    Publication Date: 2020-10-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: R. Gary Spencer, (R. Gary Spencer, P.C.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Paul L. Howard, Lyndsey Hurst Rudder, F. McDonald Wakeford, Mathew Eli Plott,, (Office of the Fulton County District Attorney), Atlanta, for appellee.
    Case Number: S20A1004

    Evidence Was Legally Sufficient to Support Malice Murder Convictions; Properly Charged Jury Was Authorized to Determine That Testifying Witness Was Not an Accomplice

  • Ellison v. The State

    Publication Date: 2020-10-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Brett W. Ladd, (The Ladd Law Firm, LLC), Blairsville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Rosenwasser, (Department of Law), Atlanta, Herbert E. Franklin, (Lookout Mountain Judicial Circuit District Attorney's Office), LaFayette, for appellee.
    Case Number: S20A0984

    DNA Evidence Obtained From Defendant's Buccal Swab Did Not Match DNA Found at Crime Scene or Incriminate Defendant; DNA's Admission Was Harmless Beyond a Reasonable Doubt

  • Subar v. The State

    Publication Date: 2020-10-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    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, Mark Samuel Lindemann, (Department of Law), Atlanta, Emily Kathleen Richardson, Lenny I. Krick, Sherry Boston, Shannon Elysia Hodder, Alana Jane Driscoll, (Dekalb County District Attorneys Office), Decatur, for appellee.
    Case Number: S20A0942

    It Was Highly Probable That Trial Court's Admission of Evidence of Prior Burglary Trial Did Not Contribute to Jury's Malice Murder Conviction

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  • Snipes v. The State

    Publication Date: 2020-10-05
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: William Allen Adams, (Griffin Circuit Public Defender Office), Thomaston, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, Benjamin David Coker, (Griffin Judicial Circuit District Attorney's Office), Thomaston, Elizabeth A. Baker, (Fayette County District Attorney's Office), Fayetteville, for appellee.
    Case Number: S20A0934

    Trial Counsel Not Ineffective For Failing to Strike Investigator's Damaging Testimony on Cross-Examination

  • Butler v. The State

    Publication Date: 2020-10-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Lucy Dodd Roth, (Augusta Circuit Public Defender's Office), Augusta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Alex Martin Bernick, (Department of Law), Atlanta, Joshua Bradley Smith, Henry Wayne Syms, (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.
    Case Number: S20A0870

    Trial Court Applied Incorrect Standard in Determining Whether to Admit Evidence of Prior Felony Conviction

  • Scott v. The State

    Publication Date: 2020-10-05
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Kevin Alan Anderson, (Atlanta Circuit Public), Atlanta, Joseph C. Timothy Lewis, (JCTL Law), Colorado Springs, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Paul L. Howard, Marc A. Mallon, Lyndsey Hurst Rudder, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S20A0880

    Trial Counsel Not Ineffective For Failing to Challenge Credibility of Prosecution Witnesses

  • Solis-Macias v. The State

    Publication Date: 2020-10-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Kelly Wegel, (Western Circuit Public Defender), Athens, for appellant.
    for defendant: Kenneth Mauldin, (District Attorney), Athens, Malachi Peacock, (Western Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: A20A1502

    Trial Court Did Not Abuse its Discretion in Admitting Video From Officer's Body-Camera Into Evidence; Court Also Properly Denied Motion to Suppress Custodial Statement

  • The State v. Henderson

    Publication Date: 2020-09-25
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Christopher DeNeve, Brian Whiteside, (Gwinnett County Solicitor General), Lawrenceville, for appellant.
    for defendant: George Creal, (Attorney at Law), Forest Park, for appellee.
    Case Number: A20A1293

    Trial Court Failed to Properly Apply the 'Totality of the Circumstances' Inquiry to Circumstances Surrounding Defendant's Arrest and Breath Test