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  • Edwards v. Roundtree et al.

    Publication Date: 2022-11-25
    Practice Area: Evidence | Expert Witnesses | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jon Hall, David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, for appellant.
    for defendant: Robert Pirkle, (Attorney at Law), Hinesville, Larry Stewart, (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A22A1603

    Plaintiff's Physician's Medical Narrative Report Was Admissible Even Though It Differed From Deposition Testimony

  • Cunningham v. The State

    Publication Date: 2022-11-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Gregory Hicks, (Law Office of Gregory A. Hicks), Woodstock, for appellant.
    for defendant: Cliff Head, Shannon Wallace, (Assistant District Attorney Blue Ridge Judicial Circuit), Canton, for appellee.
    Case Number: A22A0819

    Court confirms conviction for sexual exploitation of a minor over defendant's challenges to the sufficiency of evidence.

  • Moss v. The State

    Publication Date: 2022-11-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Benjamin Goldberg, (The Law Office of Ben Goldberg, LLC), Mableton, for appellant.
    for defendant: John Edwards, Marietta, Flynn Broady, Leslie Coots, (District Attorney Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A22A0787

    Court affirms convictions for rape and other crimes committed in 1997 over defendant's multiple evidentiary challenges and contentions of trial court error

  • Lewis v. The State

    Publication Date: 2022-10-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Stanley W. Schoolcraft, III, (Office of the Public Defender), McDonough, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, Fani T. Willis, Lyndsey Hurst Rudder, Richard Benjamin Caplan, Kevin Christopher Armstrong, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: S22A0757

    No Showing Made That Photo Lineup Was Unduly Suggestive or That Witness Was Under Influence of Drugs

  • Thomas v. The State

    Publication Date: 2022-10-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Peterson
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Emily Rebecca Polk, (Department of Law), Atlanta, Fani T. Willis, Richard Benjamin Caplan, Kevin Christopher Armstrong, (Fulton County District Attorney’s Office), Atlanta, Lyndsey Hurst Rudder, Savannah, for appellee.
    Case Number: S22A0798

    Trial Court's Error in Admitting Evidence of Prior Crime Was Not Prejudicial

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  • Torres v. The State

    Publication Date: 2022-10-10
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Joshua Sabert Lowther, Bingzi Hu, (Lowther Walker LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, Charles Keith Higgins, Benjamin E. Gephardt, (Brunswick Judicial Circuit District Attorney’s Office), Brunswick, for appellee.
    Case Number: S22A0659

    Defendant's Statements to Investigators Were Given Voluntarily and Were Not Induced by Hope of Benefit

  • Manor v. The State

    Publication Date: 2022-10-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Steven Sparger, (Attorney at Law), Savannah, for appellant.
    for defendant: Michael Edwards, Shalena Jones, Burt Burton, (Eastern Judicial Circuit District Attorney’s Office), Savannah, for appellee.
    Case Number: A22A1020

    Court reverses conviction for possession of marijuana with an intent to distribute because of chain of custody failure regarding the marijuana sample that was tested

  • Rozier v. The State

    Publication Date: 2022-09-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jerry Chappell, (Solo Practicioner), Roswell, for appellant.
    for defendant: Sherry Boston, Jason Rea, (DeKalb County District Attorney’s Office), Decatur, for appellee.
    Case Number: A22A0642

    Court affirms convictions on two counts of aggravated cruelty to animals but vacates defendant's sentence and remands for resentencing due to merger error

  • Albury v. The State

    Publication Date: 2022-09-13
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Eliot Jay Abt, (ABT Law Firm, P.C.), Atlanta, Katie Alice Hingerty Borodin, (The Hingerty Law Firm, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Deborah D. Wellborn, Sherry Boston, Jason Matthew Rea, (Dekalb County District Attorney’s Office), Decatur, for appellee.
    Case Number: S22A0616

    Trial Court Conducted Proper Rule 303 Analysis Before Admitting Post-Incision Autopsy Photograph of Scalp Injury

  • The State v. Anderson

    Publication Date: 2022-09-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Patsy Austin-Gatson, Clifford Kurlander, Nam Nguyen, (Gwinnett County District Attorney’s Office), Lawrenceville, for appellant.
    for defendant: Stuart Mones, (Attorney at Law), Atlanta, for appellee.
    Case Number: A22A0731

    Court vacates trial court's exclusion of other acts evidence and remands for proper application of Rule 403 balancing test and analysis of other potential uses of evidence