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Publication Date: 2017-11-17
Practice Area: Evidence | Real Estate
Industry:
Court: Court of Appeals
Judge: Judge Branch
Attorneys: For plaintiff: Kimberly Rizzotti Weber, Allison Giardina (Aldridge Pite, LLP), Atlanta, for appellant.
for defendant: Ricky Harris, Savannah, for appellee.
Case Number: A17A0694
In a dispute over possession of certain real property, the trial court abused its discretion when it failed to consider whether certain documents were admissible under O.C.G.A. 24-9-901, which sets out the standards for the authentication and admission of unsealed or uncertified documents.
Publication Date: 2017-11-13
Practice Area: Criminal Law | Evidence
Industry:
Court: Supreme Court
Judge: Justice Peterson
Attorneys: For plaintiff: Ashleigh Bartkus Merchant, John B. Merchant III (The Merchant Law Firm, PC.), for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Michael Scott Carlson, D. Victor Reynolds (Cobb County District Attorney's Office), Marietta, for appellee.
Case Number: S17A1153
The evidence supported defendant's convictions for felony murder and marijuana possession and the trial court did not abuse its discretion in allowing State to introduce evidence of defendant's alleged membership in a gang, as there was some evidence presented at trial to show that the charged crimes were motivated by gang membership.
Publication Date: 2017-11-13
Practice Area: Civil Procedure | Evidence | Premises Liability
Industry:
Court: Court of Appeals
Judge: Judge McMillian
Attorneys: For plaintiff: William Bowen, Paul Painter (Bowen Painter, LLC), Savannah; April Stafford (Stafford Law Group, LLC), Statesboro, for appellant.
for defendant: Todd Baiad, Lucas Bradley (Bouhan Falligant LLP), Savannah, for appellee.
Garret Meader, Jeffrey Ward (Drew Eckl & Farnham, LLP), Brunswick, for other party.
Case Number: A17A0906
The trial court erred in concluding that alleged spoliated evidence was unrelated to the grounds upon which summary judgment was granted and thus erred in granting defendants' motion for summary judgment in plaintiff's premises liability and negligence action arising after he was severely injured when he was electrocuted while working at a paper plant.
Publication Date: 2017-11-09
Practice Area: Criminal Law | Evidence
Industry:
Court: Georgia Supreme Court
Judge: Justice Grant
Attorneys: For plaintiff: Matthew K. Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Meghan Hobbs Hill, Christopher M. Carr (Department of Law), Atlanta; Lenny I. Krick, Sherry Boston, Anna Green Cross (Dekalb County District Attorneys Office), Decatur; Harry Steven Ruth (Office of the District Attorney), Decatur, for appellee.
Case Number: S17A0858
The Court affirmed defendant's murder conviction, finding that the trial court did not abuse its discretion in permitting lay witnesses to give testimony identifying defendant as one of the people in a surveillance video recording of the murder and robbery and the trial court did not err in denying defendant's motion to suppress evidence seized during the search of his sisters apartment.
Publication Date: 2017-11-08
Practice Area: Criminal Law | Evidence
Industry:
Court: Court of Appeals
Judge: Presiding Judge Barnes
Attorneys: For plaintiff: Ramon Alvarado (Attorney at Law), Norcross, for appellant.
for defendant: Stephanie Woodard (Solicitor General), Gainesville; Michael George (Hall County Solicitor General's Office), Gainesville, for appellee.
Case Number: A17A0651
In defendant's DUI trial, the trial court admitted defendant's prior DUI conviction for proper purposes, including that such evidence tended to show her knowledge of the effects of alcohol consumption on her driving and knowledge about the use of testing to determine impairment, and the trial court was authorized to find that the probative value of the evidence was not substantially outweighed by its prejudicial impact, despite the age of the prior DUI conviction.
Law Journal Press | Digital Book
Authors: Elizabeth J. Sher, Kerri E. Chewning
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Publication Date: 2017-11-07
Practice Area: Constitutional Law | Criminal Law | Evidence
Industry:
Court: Supreme Court
Judge: Justice Peterson
Attorneys: For plaintiff: Lance Warren Tyler (Tyler Law Firm, LLC), Suwanee, for appellant.
for defendant: Rosanna M. Szabo, Samuel Richard d'Entremont, Joelle M. Nazaire (Office of the Gwinnett County Solicitor General), Lawrenceville, for appellee.
Case Number: S17A0738
The Georgia Constitution's protection against compelled self-incrimination prohibits law enforcement from compelling a person suspected of DUI to blow their deep lung air into a breathalyzer.
Publication Date: 2017-11-01
Practice Area: Criminal Law | Evidence
Industry:
Court: Court of Appeals
Judge: Judge Mercier
Attorneys: For plaintiff: N/a
for defendant: N/a
Case Number: A17A1116
The trial court partially erred in denying defendant's motion for new trial following her convictions for one count of armed robbery and one count of aggravated assault because the trial court's determination as to the admissibility of defendant's statement to police was based at least partly on a material factual finding that was clearly erroneous.
Publication Date: 2017-10-31
Practice Area: Criminal Law | Evidence
Industry:
Court: Court of Appeals
Judge: Justice Hunstein
Attorneys: For plaintiff: John Clayton Culp (Waycross Circuit Public Defender), Waycross, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; George Elemuel Barnhill, Ian Louis Sansot (Waycross Judicial Circuit District Attorney's Office), Douglas, for appellee.
Case Number: S17A1126
In defendant's trial for malice murder and other crimes, the trial court did not abuse its discretion in allowing State to admit into evidence a recorded conversation in which defendant and a third party discussed the crimes at issue and the evidence supported defendant's convictions.
Publication Date: 2017-10-31
Practice Area: Criminal Law | Evidence
Industry:
Court: Court of Appeals
Judge: Chief Justice Hines
Attorneys: For plaintiff: Stanley W. Schoolcraft III (Office of the Public Defender), McDonough, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (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: S17A1177
The evidence supported defendant's convictions for felony murder while in the commission of an aggravated assault and possession of a firearm during the commission of a felony after he shot and killed a man who was selling shoes out of his car.
Publication Date: 2017-10-26
Practice Area: Criminal Law | Evidence
Industry:
Court: Court of Appeals
Judge: Justice Benham
Attorneys: For plaintiff: Larry L. Duttweiler, Gainseville, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Lee Darragh, Wanda Lynn Vance (Northeastern Circuit District Attorney's Office), Gainesville, for appellee.
Case Number: S17A1033
In defendant's murder trial, the trial court did not abuse its discretion in allowing State to cross-examine defendant about an altercation with his girlfriend that resulted in the girlfriend kicking him out of her car because he punched her in the face, as defendant had testified dishonestly about the reasons why his girlfriend kicked him out of her car and so the evidence was admissible for impeachment purposes.
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