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  • Cain v. The State

    Publication Date: 2019-09-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: John Robert Mobley, II, (Tifton Circuit Public Defender's Office), Tifton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Clifford Paul Bowden, (Tifton Judicial Circuit District Attorney's Office), Tifton, Jason Matthew Rea, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S19A0669

    Prosecution's Failure to Return Cellphone in Time For Defendant to Retrieve Exculpatory Voice Mail Evidence Not Brady Violation

  • Blackwell v. The State

    Publication Date: 2019-08-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Lazanea Holley, (Law Office of LaZanea M. Holley, LLC), Newnan, for appellant.
    for defendant: Anne Allen, (Assistant District Attorney Coweta Judicial Circuit), Carrollton, David Parrish, Marietta, John Cranford, (Coweta Judicial Circuit), Newnan, for appellee.
    Case Number: A19A0758

    Court reverses armed robbery and assault conviction due to improper admission of prior armed robbery arrest.

  • The State v. Orr

    Publication Date: 2019-08-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    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

    Georgia Supreme Court's Abrogation of Previously-Established Strict Exclusionary Rule Required Remand For Further Review

  • Sloan v. The State

    Publication Date: 2019-08-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta.
    for defendant: Emily Richardson, Sherry Boston, Gerald Mason, Destiny Bryant, (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: A19A0123

    Evidence of Prior Crimes Was Not Relevant to Show Identity or Intent

  • Wertz v. Marshall

    Publication Date: 2019-08-08
    Practice Area: Civil Procedure | Evidence | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Goss
    Attorneys: For plaintiff: Joann Sharp, Margaret Simpson, (Meriwether & Tharp, LLC), Robert Stultz, (Attorney at Law), FT. Oglethorpe, for appellant.
    for defendant: Robert Patten, (Kenneth D. Bruce, LLC), Summerville, for appellee.
    Case Number: A19A0009

    Florida Court Lost Jurisdiction Under Uniforma Child Custody Statute After Party Acknowledged She Had Moved to Colorado

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    Anatomy of a Merger: Strategies and Techniques for Negotiating Corporate Acquisitions

    Authors: James C. Freund

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  • The State v. Parks

    Publication Date: 2019-08-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Geoffrey Bard, (Conasauga Circuit District Attorney's Office), Dalton, for appellant.
    for defendant: Karen Brouse, (Brouse Law), Blue Ridge, for appellee.
    Case Number: A19A0491

    Trial Court Erred in Admitting Evidence of Defendant's Polygraph Refusal

  • Shelton v. The State

    Publication Date: 2019-08-01
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Bentley Adams, (Attorney at Law), Lihue, for appellant.
    for defendant: Herbert Franklin, (District Attorney), Lafayette, Michael Moeller, (LMJC District Attorney's Office), Summerville, for appellee.
    Case Number: A19A0358

    Public Defender Attorney Could Not Properly Argue That Previous Attorney From Same Office Provided Ineffective Assistance

  • Clark v. State

    Publication Date: 2019-07-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Thomas F. Jarriel, (Thomas F. Jarriel, Attorney), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta, Timothy Grady Vaughn, Christopher Cary Gordon, (Oconee Judicial Circuit District Attorney's Office), Eastman, for appellee.
    Case Number: S19A0367

    Court affirms felony murder conviction over defendant's objections

  • Holzheuser v. The State

    Publication Date: 2019-07-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Noah Pines, (Ross & Pines, LLC), Atlanta, Andrew Fleischman, (Ross & Pines, LLC), Sandy Springs, for appellant.
    for defendant: Jacquelyn Johnson, Thomas Buscemi, (District Attorney's Office, Brunswick Judicial Circuit), Brunswick, for appellee.
    Case Number: A19A0757

    Court affirms child molestation conviction over defendant's contentions of ineffective assistance of counsel and improper admission of evidence

  • The State v. Burns

    Publication Date: 2019-07-10
    Practice Area: Constitutional Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Shannon Glover Wallace, Cliff Head, (Cherokee County District Attorney's Office), Canton, Randall Joseph Ivey, (District Attorney Office for Blue Ridge Judicial Circuit), Canton, for appellant.
    for defendant: Scott Thomas Poole, Michael Anthony Ray, (Grisham & Poole, P.C.), Canton, for appellee. Michael Scott Carlson, (Georgia Bureau of Investigation), Decatur, D. Victor Reynolds, John Stuart Melvin, Charles Prescott Boring, John Richard Edwards, Amelia Greeson Pray, Jaret Teague Usher, (Cobb County District Attorney's Office), Marietta, for Amicus Appellant. James L. Ford, Sr., (James Lee Ford, P.C.), Atlanta, for Amicus Appellee.
    Case Number: S18G1354

    Court overrules its precedent and concludes that Evidence Rule 403 does not preclude admission of witness's prior false allegations in sexual misconduct case