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  • Smith v. The State

    Publication Date: 2022-05-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Sara S Becker, (Conaway & Strickler), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, 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: S22A0086

    Any Error in Admitting Medical Examiner's Testimony Regarding Blood Spatter Evidence Was Harmless

  • Watkins v. The State

    Publication Date: 2022-05-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Floyd M. Buford, Jr., (Buford & Buford), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Anita Reynolds Howard, Jason Michael Martin, Shelley T. Milton, (Macon Judicial Circuit District Attorney's Office), Macon, Leslie Anna Coots, (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S22A0016

    Evidence That Defendant's Sister Angered Him Not Sufficient to Change Felony Murder Conviction to Involuntary Manslaughter

  • Dunn v. Dunn

    Publication Date: 2022-04-05
    Practice Area: Evidence | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Kevin Mammola, (Cordell & Cordell), Atlanta, for appellant.
    for defendant: Lawrence Stagg, (Attorney at Law), Ringgold, for appellee.
    Case Number: A21A1776

    Evidence of Spouse's "Concern" Too Vague to Support Finding That Other Spouse Committed Assault or Battery on Children

  • Holley v. The State

    Publication Date: 2022-04-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Margaret Smith, (Conger & Smith), Bainbridge, for appellant.
    for defendant: Gregory Edwards, Harold Moroz, (Dougherty Distric Attorney), Albany, for appellee.
    Case Number: A21A1380

    Court affirms convictions for homicide by vehicle where defendant's cell phone video were evidence of her failure to yield and distracted driving

  • Williams v. The State

    Publication Date: 2022-03-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Tracy S. Drake, Scott Andrew Drake, (Drake Estes Law Firm LLC), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, William C. Enfinger, (Department of Law), Atlanta, Patsy A. Austin-Gatson, Christopher Mark DeNeve, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S22A0170

    Court affirms conviction for felony murder over defendant's contentions of trial court error in admitting certain evidence and not conducting an evidentiary hearing

  • Law Journal Press | Digital Book

    Georgia Legal Malpractice Law 2024

    Authors: SHARI L. KLEVENS, ALANNA G. CLAIR

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  • Louallen v. The State

    Publication Date: 2022-03-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Lynn Kleinrock, (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Patsy Austin-Gatson, Christopher DeNeve, Jennifer Scacco, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A21A1418

    Court affirms conviction for methamphetamine trafficking over defendant's motion to suppress seized evidence and claim of ineffective assistance of counsel

  • Serban v. Hunter

    Publication Date: 2022-03-10
    Practice Area: Dispute Resolution | Evidence
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Eric Teusink, Gala Villahoz, (Williams Teusink, LLC), Decatur, Columbus, for appellant.
    for defendant: Eric Van De Water, (Van De Water Law LLC), Atlanta, for appellee.
    Case Number: A21A1799

    Trial Court Erred In Failing to Consider Arbitration Award Solely Because Award Was Not Introduced Into Evidence at Hearing

  • Wilson v. The State

    Publication Date: 2022-03-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Boggs
    Attorneys: For plaintiff: Rodney Samuel Zell, (Zell & Zell, P.C.), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, William C. Enfinger, (Department of Law), Atlanta, Charles Keith Higgins, Benjamin E. Gephardt, (Brunswick Judicial Circuit District Attorney's Office), Brunswick, for appellee.
    Case Number: S22A0005

    Court affirms convictions for felony murder and other crimes over defendant's claims of ineffective assistance of counsel.

  • Martinez-Arias v. The State

    Publication Date: 2022-03-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: H. Bradford Morris, Jr., Matthew Gerard Leipold, (Northeastern Circuit Public Defender's Office), Gainesville, for appellant.
    for defendant: Lee Darragh, Anna Victoria Fowler, (Northeastern Circuit District Attorney's Office), Gainesville, for appellee; Katie Anne Skeehan, (The Sonoda Law Firm), Atlanta, Peter J. Wpsnik, (Wosnik Law, LLC), Monroe, for Amicus Appellant.
    Case Number: S21G0150

    Court determines that testimony about characteristics of an ethnic group was not relevant and should not have been admitted, but error in admitting it was harmless

  • Grier v. The State

    Publication Date: 2022-03-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Boggs
    Attorneys: For plaintiff: Edward H. Wasmuth, Jr., (Smith, Gambrell & Russell, LLP), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, William C. Enfinger, (Department of Law), Atlanta, Fani T. Willis, David K. Getachew-Smith, Sr., Lyndsey Hurst Rudder, F. McDonald Wakeford, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S21A1249

    Admission of Child's Hearsay Statements at Murder Trial Satisfied Requirements of Child Hearsay Statute