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  • Wimbush v. The State

    Publication Date: 2018-04-19
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Therian Wimbush, Hawkinsville, for appellant.
    for defendant: Dan Mayfield (District Attorney's Office), Lawrenceville; Daniel Porter (District Attorney), Lawrenceville, for appellee.
    Case Number: A17A2056

    The evidence sufficiently supported defendant's convictions for three counts of cruelty to children in the second degree after she locked one child in a closet in a basement for nearly two years and failed to seek medical care for a second child who had a cancerous tumor.

  • The State v. Stroud

    Publication Date: 2018-04-18
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A17A1851

    The trial court properly granted defendant's motion in limine to suppress evidence of his refusal to submit to a state-administered chemical test of his blood, breath, or urine in his trial for DUI-less safe and failure to maintain lane, as the arresting officer's error in misreading the implied consent notice substantively changed the meaning of the notice and misled defendant as to a serious consequence of refusing to submit to testing thus depriving defendant of making an informed decision about whether to consent to the testing.

  • The State v. Orr

    Publication Date: 2018-04-18
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Emily Johnson (District Attorney's Office Rome Judicial Circuit), Rome; Leigh Patterson (District Attorney), Rome; Luke Martin (Floyd County District Attorney), Rome, for appellant.
    for defendant: Benjamin Pierman (McCurdy & Candler LLC), Decatur, for appellee.
    Case Number: A17A2096

    The trial court did not err in granting defendant's motion for new trial following his convictions for family violence battery and cruelty to children in the third degree because the prosecutor impermissibly commented on defendant's pre-arrest silence in her closing argument and the error was not harmless.

  • WXIA-TV et al. v. State Of Georgia et al.

    Publication Date: 2018-04-16
    Practice Area: Communications and Media | Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Stephen Derek Bauer, Ian Kyle Byrnside, Cody S. Wigington (Baker & Hostetler LLP), Atlanta, for appellant.
    for defendant: Clifford Paul Bowden (Tifton Judicial Circuit District Attorney's Office), Tifton, for appellee. Robert Sparks Highsmith, Jr., Allen Andre Hendrick (Holland & Knight LLP), Atlanta, for amicus appellant. John Robert Mobley, II, Michael Walter Gowen (Tifton Circuit Public Defender's Office), Tifton; Thomas MacIver Clyde, Lesli Nicole Gaither (Kilpatrick Townsend & Stockton LLP), Lawrence Lee Bennett, Jr. (L. Lee Bennett Jr, P.C.), Atlanta; David E. Hudson (Hull Barrett, PC), Augusta, for other party.
    Case Number: S17A1804

    In a high-profile murder case, the Supreme Court vacated a gag order that restrained certain classes of persons from making extrajudicial, public statements on certain subjects related to the case for so long as it remained pending, holding that the record did not reveal circumstances sufficiently exceptional to warrant such a restraint.

  • Doe v. The State

    Publication Date: 2018-04-11
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Jeffrey Robert Filipovits (Filipovits Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Richard Ashley Mallard, Keith A. McIntyre (Ogeechee Judicial Circuit District Attorney's Office), Statesboro, for appellee. Brenda Jean Smeeton, Michele Maria Young, Cory Isaacson (Georgia Justice Project), Atlanta; Nancy Rhinehart DeVetter (Georgia Legal Services), Savannah, for amicus appellant. Christopher M. Carr, Sarah Hawkins Warren (Department of Law), Atlanta, for amicus appellee.
    Case Number: S17A1694

    Because the appeal at issue did not invoke the Georgia Supreme Courts constitutional-question jurisdiction, the Court returned the appeal to the Court of Appeals.

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    Texas Liquor Liability Practice Manual 2024

    Authors: Spencer G. Markle

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  • Stroud v. The State

    Publication Date: 2018-04-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Christina Cribbs (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.
    Case Number: A17A1679

    Trial Court Erred In Failing to Determine Whether Impoundment of Vehicle Following Traffic Violation Was Reasonably Necessary

  • Johnson v. Hauck

    Publication Date: 2018-04-10
    Practice Area: Constitutional Law | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Sherry Campbell (Attorney at Law), Warner Robins, for appellant.
    for defendant: Kevin Bradley (Attorney at Law), Macon, for appellee.
    Case Number: A17A1805

    Adoption Petition Failed to Apprise Biological Mother of Factual Allegations

  • The State v. Wright

    Publication Date: 2018-04-10
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Margaret Heap (District Attorney), Savannah; Ian Heap (District Attorney's Office, Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Courtney Lerch (Lerch Law Firm), Savannah, for appellee.
    Case Number: A17A1780

    Defendant Failed to Show He Had Standing to Object to Search of Residence

  • Byrd v. The State

    Publication Date: 2018-04-09
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Kevin Anderson (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: James Chafin (Assistant District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A17A1599

    Defense Counsel's Strategic Decision Not to Seek Jury Instruction on Lesser Included Offense Was Not Patently Unreasonable

  • Jones v. The State

    Publication Date: 2018-04-04
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Nancy Miller (Attorney at Law), Columbus; Victoria Novak (Chattahoochee Judicial Circuit Public Defenders of), Columbus, for appellant.
    for defendant: Robert Bickerstaff (DA's Office-Chattahoochee Jud. Cir. Office of the District Attorney), Columbus; Jennifer Dunlap (Chattahoochee Circuit Assistant District Attorney), Julia Slater (District Attorney Chattahoochee Circuit), Columbus; Matthew Landreau (Chattahoochee Judicial District, District Attorney's Office), Columbus, for appellee.
    Case Number: A17A1204

    Police Officer Induced Minor Defendant's Incriminating Statements By Offering Lighter Punishment