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  • Smith v. The State

    Publication Date: 2020-05-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Kenneth Sheppard, (Attorney at Law), Smyrna, for appellant.
    for defendant: Paul Howard, (District Attorney), Atlanta, Tristan Gillespie, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A20A0107

    Court affirms convictions for aggravated battery and other crimes over defendant's contentions of insufficient evidence and ineffective assistance of counsel

  • Ray v. The State

    Publication Date: 2020-05-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Amanda Speights, Benjamin Huntington, (Speights Law, PC), Canton, Scott Poole, (Grisham & Poole, P.C.), Canton, for appellant.
    for defendant: Cliff Head, Shannon Wallace, (Assistant District Attorney Blue Ridge Judicial Circuit), Canton, for appellee.
    Case Number: A18A0333

    Court vacates and remands rape and sexual battery convictions for consideration of whether prior false accusations are admissible under Rule 403

  • Thomas v. The State

    Publication Date: 2020-05-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Benjamin Goldberg, (The Law Office of Ben Goldberg, LLC), Mableton, for appellant.
    for defendant: John Edwards, Lindsay Gardner, John Melvin, (District Attorney's Office, Cobb Judicial Circuit), Marietta, for appellee
    Case Number: A20A0686

    Trial Counsel Did Not Render Ineffective Assistance by Failing to Object to Testimony From Witnesses That Defendant Physically Abused Rape Victim's Mother

  • Thomas v. The State

    Publication Date: 2020-05-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Benjamin Goldberg, (The Law Office of Ben Goldberg, LLC), Mableton, for appellant.
    for defendant: John Edwards, Lindsay Gardner, John Melvin, (District Attorney's Office, Cobb Judicial Circuit), Marietta, for appellee
    Case Number: A20A0686

    Trial Counsel Did Not Render Ineffective Assistance by Failing to Object to Testimony From Witnesses That Defendant Physically Abused Rape Victim's Mother

  • Roseboro v. State

    Publication Date: 2020-05-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Michael Wayne Tarleton, (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-soo Youn, (Department of Law), Atlanta, Emily Kathleen Richardson, Sherry Boston, Destiny H. Bryant, Elizabeth Haase Brock, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S20A0159

    Trial Counsel Was Not Ineffective for Failing to Move to Suppress a Photo ID Made by Victim; ID Was Not Impermissibly Suggestive

  • Law Journal Press | Digital Book

    Florida Affirmative Defenses and Procedural Objections: With Forms 2024

    Authors: Joshua B. Spector, Paul D. Turner

    View this Book

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  • Morgan v. The State

    Publication Date: 2020-05-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jose' Guzman, (Chattahoochee Judicial Circuit Public Defender), Columbus, for appellant.
    for defendant: Julia Slater, Wesley Lambertus, (Office of the District Attorney), Columbus, for appellee.
    Case Number: A20A0281

    Trial Court Did Not Err in Admitting Evidence of Defendant's Prior Bad Acts or When it Overruled Defendant's Husband's Assertion of Spousal Witness Privilege

  • McGarity v. The State

    Publication Date: 2020-05-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Angela Brown Dillon, (Brown & Gill, LLC), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Daniel J. Porter, Lee Franklin Tittsworth, Samuel Richard d'Entremont, (Gwinnett County District), Lawrenceville, for appellee.
    Case Number: S20A0104

    Evidence of Defendant's Past Drug History Was Inextricably Intertwined With Other Evidence Supporting Murder Charge

  • Clack et al. v. Hasnat et al.

    Publication Date: 2020-05-11
    Practice Area: Evidence | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Terry Jackson, (Attorney at Law), Atlanta, for appellant.
    for defendant: Evan Mermelstein, (Law Offices of Evan R. Mermelstein, LLC), Alpharetta, for appellee.
    Case Number: A19A1742

    Court affirms verdict in favor of defendants in a wrongful death motorcycle accident case

  • Albright v. The State

    Publication Date: 2020-05-07
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Cara Clark, (GPDC Appellate Division), Atlanta, for appellant.
    for defendant: Darius Pattillo, Sharon Hopkins, (Henry County District Attorney's Office), McDonough, for appellee.
    Case Number: A19A2022

    Defendant Lacked Standing to Seek to Suppress Location Information Derived From Girlfriend's Cell Phone

  • The State v. Gates

    Publication Date: 2020-05-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Sabrina Dawn Graham, Paula Khristian Smith, Christopher M. Carr, Channell Veena Singh, (Department of Law), Atlanta, Julia Anne Fessenden Slater, Frederick Lewis, (Chattahoochee Judicial Circuit District Attorney's Office), Columbus, for appellant.
    for defendant: Patrick Mulvaney, Katherine L. Moss, (Southern Center for Human Rights), Atlanta, Clare Melissa Gilbert, (Georgia Innocence Project), Decatur, for appellee.
    Case Number: S19A1130

    Trial Court Properly Determined That Defendant Should Receive a New Trial Because of Discovery of New Material and Exculpatory DNA Evidence