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  • Smith v. The State

    Publication Date: 2020-08-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Wayne L. Burnaine, Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien, (Department of Law), Atlanta, Daniel J. Porter, Lee Franklin Tittsworth, Daniel Sanmiguel, (Gwinnett County District Attorney's Office), Lawrenceville, Elizabeth Haase Brock, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S20A0119

    In Case Where Defendant Killed Her Husband, Trial Court Did Not Err in Excluding Documents Reflecting Husband's Prior Domestic Violence Against Defendant

  • The State v. Voyles

    Publication Date: 2020-08-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Donald Donovan, Anthony Williams, Ashley Cox, (Assistant District Attorney), Dallas, for appellant.
    for defendant: Candace Rader, (Attorney at Law), Carrollton, for appellee.
    Case Number: A18A0771

    Court Vacates Order as to DUI Defendant's Prior Consents to Blood Tests and as to His Arrest, References to Which Should Not Include His Refusal to Take a Breath Test

  • Davenport v. The State

    Publication Date: 2020-08-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Jerry W. Chappell, Roswell, for appellant.
    for defendant: Christopher Allen Arnt, Herbert E. Franklin, (Lookout Mountain Judicial Circuit District Attorney's Office), LaFayette, Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Leslie Anna Coots, (Department of Law), Atlanta, for appellee.
    Case Number: S20A0035

    Evidence Supported Malice Murder Conviction; Trial Court Did Not Abuse Its Discretion in Admitting Hearsay Evidence of Prior Difficulties Between Defendant and Victim

  • Lofton v. The State

    Publication Date: 2020-08-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Lynn M. Kleinrock, (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Daniel J. Porter, Lee Franklin Tittsworth, Samuel Richard d'Entremont, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S20A0196

    Trial Court Did Not Err in Allowing Felony Murder Victim's Motion Identify Her Son in a Photograph; Danger of Unfair Prejudice Did Not Substantially Outweigh Probative Value

  • Swearngin v. Rowell

    Publication Date: 2020-08-12
    Practice Area: Evidence | Privacy
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Candace Rader, (Attorney at Law), Carrollton, for appellant.
    for defendant: Michael Pryor, (Michael P. Pryor, P.C.), Atlanta, for appellee.
    Case Number: A20A0236

    Court affirms extension of a protective order against a stalker who challenged evidence admission of certain evidence and claimed trial court's abuse of discretion

  • Law Journal Press | Digital Book

    Winning at Trial: Insights from the Bench and Leading Litigators

    Authors: David R. Marriott

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  • Allison v. The State

    Publication Date: 2020-08-10
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jana Jacobson, (Public Defender Northern Judicial Circuit), Royston, for appellant.
    for defendant: David White, (District Attorney), Hartwell, Michael Coveney, (District Attorney's Office of the Northern Judicial Circuit), Danielsville, for appellee.
    Case Number: A20A0552

    No Error in Admission of Child Forensic Examiner's Interview Of Child Molestation Victim

  • Dunbar v. The State

    Publication Date: 2020-08-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: David T. Lock, (David T. Lock, LLC), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, Margaret Ellen Heap, Jennifer Leigh Parker, Christine Sieger Barker, (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S20A0167

    Trial Court in Murder Case Did Not Abuse its Discretion in Admitting Into Evidence for Impeachment Purposes an AK-47 Rifle and Ammunition That Were Not Connected to the Murder

  • Williams v. The State

    Publication Date: 2020-08-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Leigh Webster, (Strickland Webster, LLC), Atlanta, for appellant.
    for defendant: John Edwards, John Melvin, (District Attorney's Office, Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A20A0397

    Trial Court Abused its Discretion in Denying Defendant's Motion for a New Trial, But Did Not Abuse its Discretion in Admitting Evidence Related to His Gang Membership

  • Frazier v. The State

    Publication Date: 2020-08-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Stanley W. Schoolcraft, (Office of the Public Defender), McDonough, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Meghan Hobbs Hill, Christopher M. Carr, (Department of Law), Atlanta, Paul L. Howard, Lyndsey Hurst Rudder, Mathew Eli Plott, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S20A0088

    Court affirms malice murder and other convictions over defendant's contentions of insufficient evidence, evidentiary error, and ineffective assistance of counsel

  • Best v. The State

    Publication Date: 2020-08-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Steven Harrison, (Public Defenders Office Oconee Judicial Circuit), Eastman, for appellant.
    for defendant: Bradford Childers, Timothy Vaughn, (Assistant District Attorney), Eastman, for appellee.
    Case Number: A20A0418

    Court affirms defendant's convictions for attempt to commit murder and other crimes over her contentions of evidentiary error and insufficient assistance of counsel