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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

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    Lancaster County & Berks County Court Rules 2024

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  • Coverstone v. The State

    Publication Date: 2024-04-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Wallace Rogers, (Burns Law Group PC), Canton, for appellant.
    for defendant: Susan Treadaway, (Chief Assistant District Attorney), Marietta, Cliff Head, Damion Overstreet, (Assistant District Attorney Blue Ridge Judicial Circuit), Canton, for appellee.
    Case Number: A23A1619

    Court affirms denial of suppression of evidence seized during a warrantless vehicle search, finding probable cause based on the totality of circumstances amid legal CBD possession

  • McKinney v. The State

    Publication Date: 2024-04-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Peterson
    Attorneys: For plaintiff: Michael S. Katz, (Attorney at Law), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Elizabeth Rosenwasser, (Department of Law), Atlanta, Fani T. Willis, Kevin Christopher Armstrong, Alex Martin Bernick, Michael Scott Carlson, Bruce Patilloch Dutcher, Jayna Edwards, Adam Robert Abbate, (Fulton County District Attorney’s Office), Atlanta, Christopher David Sperry, (Clayton County District Attorney's Office), Jonesboro, for appellee; Christopher Mark DeNeve, (Gwinnett County District Attorney's Office), Lawrenceville, John Stuart Melvin, (Cobb County District Attorney’s Office), Marietta, Jeffrey T. Wennar, Tucson, for Amicus Appellee.
    Case Number: S23G0448

    Court affirms that admissibility of other acts evidence in cases involving the Street Gang Terrorism and Prevention Act are subject to the Rule 403 balancing test rather than a nexus to gang activity

  • The State v. Yearwood-Cabbel

    Publication Date: 2024-03-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A23A1728

    Court affirms motion to suppress evidence seized pursuant to a search warrant where neither the challenger nor the evidence was named in the warrant itself

  • Tracie Underwood v. The State

    Publication Date: 2024-03-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Unsigned
    Attorneys: For plaintiff: Kristin C. Moore Waller, (Epps, Holloway, Deloach & Hoipkemier), Watkinsville, for appellant.
    for defendant: Patrick Alan Najjar, James Bradley Smith, (Piedmont Judicial Circuit District Attorney’s Office), Jefferson, for appellee.
    Case Number: S23G0714

    Court vacates its writ of certiorari on defendant's appeal to convictions for drug trafficking and other crimes and rejects defendant's challenge to denial of her motion to suppress evidence

  • Adams v. The State

    Publication Date: 2024-02-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: David Allen Hoort, Frances C. Kuo, (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Fani T. Willis, Kevin Christopher Armstrong, (Fulton County District Attorney’s Office), Atlanta, Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Clint Christopher Malcolm, Meghan Hobbs Hill, Eric Christopher Peters, (Department of Law), Atlanta, for appellee.
    Case Number: S23A1207

    Court affirms convictions for malice murder over defendant's challenges to sufficiency of the evidence, and contentions of evidentiary error and ineffective assistance of counsel