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  • Blevins v. The State

    Publication Date: 2017-12-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0639

    The trial court did not abuse its discretion in admitting certain other acts evidence in a middle school band director's trial for enticing a child for indecent purposes and child molestation arising out of his interactions with a student.

  • Hodges v. The State

    Publication Date: 2017-12-01
    Practice Area: Criminal Appeals | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Wanda Sherelle Jackson (Wanda S. Jackson, PC), East Point, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Scott Orion Teague, Christopher M. Carr (Department of Law), Atlanta; Louie Craig Fraser, Kelli Maria Adams (Dublin Judicial Circuit District Attorney's Office), Dublin, for appellee.
    Case Number: S17A0711

    The evidence supported defendant's convictions for felony murder, armed robbery and aggravated assault but the Court vacated his sentence because the trial court erred in failing to merge his conviction for aggravated assault with a deadly weapon into his armed robbery conviction for sentencing purposes.

  • Thompson v. The State

    Publication Date: 2017-11-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Eric J. Taylor (Office of the Public Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Paul L. Howard, Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A0935

    Although the evidence supported defendant's convictions for two counts of malice murder, the Court reversed his convictions because the trial court erred in admitting certain character evidence at trial and the error was not harmless.

  • Whaley v. The State

    Publication Date: 2017-11-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Ashleigh Merchant (The Merchant Law Firm, PC), Marietta, for appellant.
    for defendant: Amelia Pray (District Attorney's Office, Cobb Judicial Circuit), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A17A0848

    The evidence supported defendant's conviction for a RICO violation after he and his fianc stole over $800,000 from her employer by writing unauthorized checks from the employer's account.

  • Pittman v. The State

    Publication Date: 2017-11-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A1122

    The Court affirmed defendant's conviction for one count of entering an automobile, finding that the trial court did not abuse its discretion in admitting into evidence an unredacted prior accusation against defendant as evidence of prior difficulties between defendant and the victim.

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    Authors: Don Tittle, Debbie Branscum

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  • Robles et al. v. Yugueros et al.

    Publication Date: 2017-11-27
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Brent Kaplan (Isenberg & Hewitt, PC), Atlanta, for appellant.
    for defendant: Michael Bailey, Erica Jansen (Huff, Powell & Bailey, LLC), Atlanta; Thomas Carlock (Carlock, Copeland & Stair), Atlanta; Wayne McGrew (Weathington McGrew), Atlanta; Neil Edwards (Attorney at Law), Atlanta, for appellee.
    Case Number: A15A1566

    The Court affirmed the trial court's decision to exclude certain deposition testimony the medical malpractice plaintiff sought to admit as an admission against interest, because plaintiff failed to meet his burden of proving that the evidence was admissible.

  • HH&L Electric, Inc. v. Hebbard Electric, Inc.

    Publication Date: 2017-11-22
    Practice Area: Civil Procedure | Contracts | Evidence
    Industry: Construction
    Court: Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: John Long (Tucker, Everitt, Long, Brewton & Lanier), Augusta, for appellant.
    for defendant: Joseph Staak (Smith, Currie & Hancock), Atlanta, for appellee.
    Case Number: A17A0957

    The trial court erred in granting partial summary judgment to defendant in a breach of contract action that was based on a disagreement as to the amount of "profit" parties were to split in their joint venture because the trial court based that decision on disputed opinion testimony.

  • The State v. Council

    Publication Date: 2017-11-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A1218

    The trial court erred in granting defendant's motion in limine to suppress the results of two breath tests obtained after her arrest for driving under the influence because, under the totality of the circumstances, the officer did not coerce or compel defendant to undergo the breath tests.

  • Harvey v. The State

    Publication Date: 2017-11-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0898

    Although the evidence was sufficient to support defendant's conviction for possession of marijuana, the evidence was insufficient to support his convictions for possession of a firearm during a felony and possession of a firearm by a convicted felon because there was no evidence showing that defendant exercised dominion over the gun.

  • The State v. Licata

    Publication Date: 2017-11-22
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Adam Keller (Sr. Assistant Solicitor General), Cumming; William Finch (Solicitor General of Forsyth County), Cumming, for appellant.
    for defendant: Woodrow Smith (Attorney at Law), Atlanta; Matthew Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellee.
    Case Number: A17A1200

    The trial court erred in granting DUI defendant's motion to suppress the results field sobriety tests and evidence of his refusal to take a breath test because he was sufficiently warned of his right not to incriminate himself before the field sobriety tests and he was not entitled to counsel when deciding whether to submit to the state-requested breath test.