• Strong v. The State

    Publication Date: 2020-08-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Sydney Rene Strickland, (Strickland Webster, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Joyette Marie Holmes, Linda Jeanne Dunikoski, (Cobb County District Attorney's Office), Marietta, for appellee.

    Case Number: S20A0270

    Admission of Voluminous Other-Acts Evidence of Defendant's Past Violent Acts Was Prejudicial Error

  • Burney v. The State

    Publication Date: 2020-08-03
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Brad Gardner, Emily J. Gilbert, (Georgia Capital Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Dawn Marie Baskin, (Ocmulgee Judicial Circuit District Attorney's Office), Gray, Stephen Andrew Bradley, (Ocmulgee Judicial Circuit District Attorney's Office), Milledgeville, for appellee.

    Case Number: S20A0216

    Defendant Who Was Not Diligent In Seeking Medical Examiner's Records Could Not Claim Brady Violation

  • Tucker v. State

    Publication Date: 2020-07-31
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Kindall Browning, Perry, for appellant.
    for defendant: Daniel Bibler, George Hartwig, (Deputy Chief Assistant District Attorney), Perry, for appellee.

    Case Number: A20A0715

    Evidence Is Sufficient to Support Statutory Rape Conviction; Trial Court Did Not Err in Failing to Appoint 'Conflict-Free Counsel'

  • Womack v. The State

    Publication Date: 2020-07-31
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Mary Horton, (Lister & Holt), McDonough, for appellant.
    for defendant: Darius Pattillo, (District Attorney), McDonough, Michael Bodiford, (Attorney at Law), Stockbridge, for appellee.

    Case Number: A20A0759

    Court Reverses Trial Court's Denial of Drug Defendant's Motion to Suppress Evidence Found During Search and Seizure That Led to His Arrest

  • McEady v. The State

    Publication Date: 2020-07-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Kathleen Strang, (Self/GPDC Appellate Contractor), Albany, for appellant.
    for defendant: Michelle Harrison, Bradfield Shealy, (Southern Judicial Cir. District Atty Ofc), Valdosta, for appellee.

    Case Number: A20A0185

    Court affirms burglary, rape, and aggravated battery convictions over defendant's evidentiary challenges and contentions of trial court error

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    State Antitrust Law

    Authors: William T. Lifland

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  • Castro-Moran v. The State

    Publication Date: 2020-07-28
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Natalie Glaser, (Attorney at Law), Dublin, Sheri Smith, (Ocmulgee Circuit Public Defender's Office), Milledgeville, for appellant.
    for defendant: John Helton, Herbert Poston, (Assistant District Attorney), Dalton, for appellee.

    Case Number: A20A0450

    Trial Court Erred in Failing to Charge Jury on Lesser Offenses to Child Cruelty and Felony Murder

  • Parham v. The State

    Publication Date: 2020-07-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Mark Begnaud, (Horsley Begnaud LLC), Atlanta, for appellant.
    for defendant: Paul Howard, (District Attorney), Atlanta, Aslean Eaglin, (Superior Court of Fulton County), Atlanta, for appellee.

    Case Number: A20A0229

    Allowing Prosecution to Present Evidence of Three Other Illegal Acts Was Not Reversible Error

  • Emory University et al. v. Willcox

    Publication Date: 2020-07-23
    Practice Area: Evidence | Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Benjamin Ladner, Robert Stannard, (Attorney at Law), Atlanta, John Fitzpatrick, Lamar Jost, (Wheeler Trigg O'Donnell, LLP), Denver, Michael Bailey, Erica Jansen, (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: Christopher Graddock, Keenan Nix, (Morgan & Morgan, PA), Atlanta, Anna Cross, Darren Summerville, Maxwell Thelen, (The Summerville Firm, LLC), Atlanta, Kurt Kastorf, (Kastorf Law), Atlanta, for appellee.

    Case Number: A20A0665

    Trial Court in Wrongful Death Case Did Not Abuse Its Discretion in Allowing Opinion Evidence Based on Incomplete Medical Records

  • The State v. Gilmore

    Publication Date: 2020-07-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Leigh Patterson, Luke Martin, Morgan Bottger, (Floyd County District Attorney's Office), Rome, for appellant.
    for defendant: Sean Lowe, (Assistant Public Defender), Ringgold, Jonathan Hamrick, (Rome Circuit Public Defender Office), Rome, for appellee.

    Case Number: A20A0189

    Confidential informant's video recording of a drug deal was barred under Confrontation Clause because informant was unavailable for cross-examination

  • Kallon v. The State

    Publication Date: 2020-07-21
    Practice Area: Constitutional Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Lance Tyler, (Tyler Law Firm), Suwanee, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Christopher Carr, Paula Smith, (Assistant Attorney General), Atlanta, Christopher DeNeve, Brian Whiteside, Samuel D'Entremont, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.

    Case Number: A20A0030

    Court vacates denial of defendant's motion to suppress results of a breath test and remands for reconsideration in view of recent Georgia Supreme Court precedent