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  • Cope v. The State

    Publication Date: 2018-07-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Steven Lee Sparger, Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Margaret Ellen Heap, Emily Catherine Puhala (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S18A0313

    The evidence supported defendant's convictions related to the death of his brothers' roommate and the trial court did not err in admitting two statements defendant made to police after the murder.

  • Huff v. The State

    Publication Date: 2018-07-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Philip Clark (Western Judicial Circuit Public Defender), Athens, for appellant.
    for defendant: Jeffrey Kwiatkowski (Office of the District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A18A0073

    The trial court erred in denying defendant's motion to suppress evidence of a handgun that was found in a backpack after he was arrested because State failed to meet its burden to prove that the warrantless search of defendant's backpack was lawful.

  • Rickman v. The State

    Publication Date: 2018-07-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Jason Allan Fisher (Georgia Public Defender Council), Rome, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Leigh Ellen Patterson, Kayleigh Ann Carter (Floyd County District Attorney's Office), Rome, for appellee.
    Case Number: S18A0841

    The trial court did not abuse its discretion in admitting into evidence at defendant's murder trial photographs showing a re-creation of the crime scene with police officers posing at the shooter and the victim.

  • Stephens v. Castano-Castano

    Publication Date: 2018-06-27
    Practice Area: Contractual Disputes | Evidence | Personal Injury
    Industry: Health Care | Insurance | Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Robert Butler (Leitner, Williams, Dooley & Napolitan, PLLC), Atlanta; Nicole Leet, Michael Rust (Gray Rust St. Amand Moffett Brieske, LLP), Atlanta; Michael Newton (Leitner, Williams, Dooley & Napolitan), Chattanooga; Charles Hoey (Drew Eckl & Farnham LLP), Atlanta, for appellant.
    for defendant: Charles Cork (Attorney at Law), Decatur; Jeffrey Yashinsky (The Yashinsky Law Group), Roswell, for appellee. Kristin L. Pierson, Atlanta; Kristin Pierson (Bendin, Sumrall & Ladner, LLC), Atlanta, for amicus curiae.
    Case Number: A18A0100

    Defendant Should Have Been Allowed to Introduce Evidence of Treating Physician's Financial Interest in Personal Injury Action

  • In The Interest of A. B. et al., children.

    Publication Date: 2018-06-22
    Practice Area: Evidence | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Abdulhakim Saadiq (Saadiq & Associates LLC), Decatur, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Penny Hannah (Assistant Attorney General), Atlanta; Shalen Nelson (Senior Assistant Attorney General), Atlanta, for appellee. Margaret Riley (Fulton County Office of the Child Attorney), Atlanta; Steven Lindenblatt, Atlanta; Reginald Williams (Renaissance Events Inc.), Atlanta, for other party.
    Case Number: A18A0388

    Termination of Parental Rights Lacked Supprt of Testimony As to Potential Harm to Children

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    New Jersey Uniform Commercial Code 2018

    Authors: Marguerite M. Schaffer, Douglas Singleterry

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  • Noble v. Noble

    Publication Date: 2018-06-21
    Practice Area: Evidence | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Meredith Lowry (Caldwell & Lowry), Thomaston, for appellant.
    for defendant: Lance Owen (Johnston Owen & Bullard LLP), Griffin, for appellee.
    Case Number: A18A0617

    Free College Tuition Was Not Fringe Benefit To Be Included in Party's Gross Income

  • Szorcsik v. The State

    Publication Date: 2018-06-18
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Troy Edward Golden, John Robert Mobley II, John G. Wolinski (Dougherty Circuit Public Defender's Office), Tifton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Clifford Paul Bowden (Tifton Judicial Circuit District Attorney's Office), Tifton, for appellee.
    Case Number: S18A0461

    The trial court did not err in concluding that, under the totality of the circumstances, defendant knowingly and voluntarily waived his previously-invoked right to counsel after choosing to reinitiate communication with law enforcement officials.

  • Manning v. The State

    Publication Date: 2018-06-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: David D. Marshall (Law Office of David D. Marshall), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Anna Green Cross, Lenny I. Krick, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S18A0369

    The jury was authorized to reject defendant's self-defense and justification defense and to find him guilty of felony murder and other offenses beyond a reasonable doubt.

  • Puckett v. The State

    Publication Date: 2018-06-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Debra Kay Jefferson, Lawrenceville, for appellant.
    for defendant: Penny Alane Penn, Sandra Ann Partridge (Forsyth County District Attorney's Office), Cumming; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Sharon Lee Hopkins (Flint Circuit District Attorney's Office), McDonough, for appellee.
    Case Number: S18A0203

    The evidence supported defendant's convictions for malice murder, felony murder and family violence aggravated assault in connection with the shooting death of his father in front of his young son.

  • Cummings v. The State

    Publication Date: 2018-06-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Eric Crawford (Crawford and Boyle, LLC), Monroe, for appellant.
    for defendant: Joshua Smith (District Attorney's Office Augusta Judicial Circuit), Augusta; Natalie Paine (District Attorney), Augusta, for appellee.
    Case Number: A18A0400

    Probative Value of Records Showing Purchases of Precursor Drugs Outweighed Potential Prejudice