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  • Couch v. The State

    Publication Date: 2024-10-24
    Practice Area: Criminal Law | Evidence
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Matthew Nestrud, (Coweta Circuit Public Defender’s Office), Franklin, for appellant.
    for defendant: John Cranford, (Coweta Judicial Circuit), Newnan, Matthew Moore, (Lookout Mountain Judicial Circuit District Attorney), Lafayette, for appellee.
    Case Number: A24A1034

    Court affirms denial of motion drug suppress evidence found in a hotel room because hotel guest lost a right to privacy after scheduled checkout time

  • Little v. The State

    Publication Date: 2024-10-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: David Little, (Wheeler Correctional Facility), Alamo, for appellant.
    for defendant: Bradford Rigby, (District Attorney’s Office of the Cordele Judicial), Cordele, for appellee.
    Case Number: A24A1142

    Court affirms conviction for aggravated battery and child cruelty over defendant's challenges to sufficiency of evidence, admission of evidence, and claim of ineffective assistance of counsel

  • Gallegos-Munoz v. State

    Publication Date: 2024-10-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: David Edward Clark, (Clark & Towne, PC), Atlanta, for appellant.
    for defendant: Patsy A. Austin-Gatson, John Williams, Clifford Louis Kurlander, John Stuart Melvin, (Gwinnett County District Attorney’s Office), Lawrenceville, for appellee.
    Case Number: S24G0214

    Court vacates child molestation conviction and remands case for application of correct current standard to assess admissibility of victim's alleged false accusation against a third party

  • Simon v. The State

    Publication Date: 2024-09-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Padgett
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A24A1026

    Court affirms convictions in elder exploitation case, and affirms use of digital forensics and Cellhawk software evidence that mapped defendant's location

  • Tatum v. The State

    Publication Date: 2024-09-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: John McArthur, (McArthur, McArthur & Overend LLC), Athens, for appellant.
    for defendant: David White, (District Attorney), Hartwell, Michael Coveney, (District Attorney’s Office of the Northern Judicial Circuit), Danielsville, Jeffrey Lee, (Elbert County District Attorney’s Office), Elberton, for appellee.
    Case Number: A23A0526

    Court vacates its prior opinion over suppression of evidence and remands for determination of whether the independent source doctrine applies in a case involving a warrantless search

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  • Altine v. Eastside Medical Center, LLC

    Publication Date: 2024-08-16
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Willard Bullock, Charles Cork, (Attorney at Law), Atlanta, Wayne Grant, Kimberly Grant, (Grant Law Office), Atlanta, for appellant.
    for defendant: Brian Mathis, Randolph Powell, Mikell Reynolds, Rachel Reed, Alexander Vey, (Huff Powell Bailey), Atlanta, for appellee.
    Case Number: A24A0088

    Court affirms verdict favoring medical center, concluding that admission of evidence of a settlement with a surgeon was harmless

  • Richardson v. The State

    Publication Date: 2024-08-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Sean Lowe, (Assistant Public Defender), Ringgold, Jonathan Hamrick, (Cox Byington Twyman LLP), Rome, for appellant.
    for defendant: Leigh Patterson, Elisabeth Giuliani, (Floyd County District Attorney’s Office), Rome, for appellee.
    Case Number: A24A0602

    Court affirms conviction in family violence assault case, rejecting defendant's claims of hearsay and best evidence rule violations

  • The State v. McElroy

    Publication Date: 2024-08-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Anthony Williams, Matthew Rollins, (Paulding Circuit District Attorney’s Office), Dallas, for appellant.
    for defendant: Theo Sereebutra, (H & S Law, LLC), Dallas, for appellee.
    Case Number: A24A0420

    Court reverses and vacates parts of a trial court's evidence suppression order in a matter involving a search warrant for child abuse evidence on a phone and remands for further proceedings

  • Tatum v. The State

    Publication Date: 2024-07-15
    Practice Area: Criminal Law | Evidence
    Industry: Legal Services
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: John Jay McArthur, (McArthur & McArthur, P.A.), Athens, for appellant.
    for defendant: David Parks White, (Northern Judicial Circuit District Attorney's Office), Hartwell, Michael Martin Coveney, (Northern Judicial Circuit District Attorney's Office), Danielsville, Jeffrey Lee, (Office of the Elbert County District Attorney), Elberton for appellee; Brandon A. Bullard, (The Bullard Firm, LLC), Atlanta, Virginia Natasha Perdew Silas, (Federal Defender Program Inc.), Decatur, Hunter Joseph Rodgers, Smyrna, Mazie Lynn Guertin, (Georgia Association of Criminal Defense Lawyers), Decatur, Cory H. Isaacson, (Aclu Foundation of Georgia), Atlanta, for Amicus Appellant.
    Case Number: S23G0955

    Court vacates denial of motion to suppress evidence and remands for determination of whether the independent source doctrine applies in a case involving a warrantless search

  • Ebersole v. The State

    Publication Date: 2024-06-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Nicole Baker, (Georgia Public Defender Council), Acworth, for appellant.
    for defendant: Lee Darragh, (District Attorney, NEJC of GA Northeastern Judicial Circuit), Gainesville, Patrick Shuler, (Hall County District Attorney’s Office), Gainesville, for appellee.
    Case Number: A24A0518

    Court affirms convictions in an attempted rape and aggravated assault case over defendant's challenges to admission of evidence and allegations of cumulative error