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  • Harris v. The State

    Publication Date: 2022-03-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Angela Dillon, Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Frederick Lewis, (Chattahoochee Judicial Circuit District Attorney's Office), Columbus Mark Preston Jones, Columbus, for appellee.
    Case Number: S21A1242

    Trial Court Did Not Err in Admitting Evidence of Guns and Ammunition Found When Defendant Was Arrested

  • Morrell v. The State

    Publication Date: 2022-03-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: David T. Lock, (David T. Lock, LLC), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, Bradley Robert Thompson, (Eastern Judicial Circuit District Attorney's Office), Douglasville, for appellee.
    Case Number: S21A1273

    Evidence of Third Party Conduct Relevant as Other-Acts Evidence to Show Defendant's Consciousness of Guilt

  • Anderson v. The State

    Publication Date: 2022-03-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Christina Michelle Kempter, (Kempter Law Group, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, Deborah D. Wellborn, Sherry Boston, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S21A0981

    Photo Lineup Administered to Witness Was Not Impermissibly Suggestive

  • State v. Jennings

    Publication Date: 2022-03-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Lee Darragh, (District Attorney, NEJC of GA Northeastern Judicial Circuit), Gainesville, Paul Lamb, (Dawson County District Attorney's Office), Cleveland, for appellant.
    for defendant: Andrew Richman, (Richman Law Firm), Cumming, Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, for appellee.
    Case Number: A21A1355

    Court affirms suppression of evidence in a hit-and-run accident case where police exceeded the scope of their authority to enter a defendant's property

  • The State v. Gilmore

    Publication Date: 2022-02-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Leigh Patterson, Luke Martin, Morgan Bottger, (Floyd County District Attorney's Office), Rome, for appellant.
    for defendant: Sean Lowe, (Assistant Public Defender), Ringgold, Jonathan Hamrick, (Rome Circuit Public Defender Office), Rome, for appellee.
    Case Number: A20A0189

    Court reverses denial of admission of a video showing a drug purchase by a now-deceased confidential information, finding no Confrontation Clause violation

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Campbell v. The State

    Publication Date: 2022-02-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Gregory Smith, (Conger and Smith, Attorneys at Law), Bainbridge, for appellant.
    for defendant: Joseph Mulholland, Moruf Oseni, (Office of the District Attorney, South Georgia Circuit), Bainbridge, for appellee.
    Case Number: A21A1812

    Court affirms convictions for incest, rape, and related crimes, over defendant's claims of trial court error over admitting or excluding certain evidence

  • Awad v. The State

    Publication Date: 2022-02-07
    Practice Area: Constitutional Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: D. Benjamin Sessions, (The Sessions Law Firm, LLC), Atlanta, for appellant.
    for defendant: Mark Patrick Higgins, Jr., Herbert McIntosh Poston, Jr., (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee; Greg Allen Willis, (Willis Law Firm), Atlanta, Kimberly A. Dymecki, Peachtree Corners, Hunter Joseph Rodgers, (Paulding County Public Defender's Office), Dallas, for Amicus Appellant; Omeeka P. Loggins, (Augusta-Richmond County Solicitor General's Office), Augusta, Robert Wright Smith, Jr., Gilbert Alexander Crosby, (Prosecuting Attorney's Council of Georgia), Morrow, for Neutral Amicus; Andrew Alan Pinson, Ross Warren Bergethon, (Department of Law), Atlanta, for Other Party.
    Case Number: S21G0370

    Court determines that evidence of a defendant's refusal to submit a urine sample is inadmissible because admission violates the right against compelled self-incrimination

  • Cedillo v. The State

    Publication Date: 2022-01-11
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Joseph Key, Kayci Timmons, (Miller & Key PA), McDonough, for appellant.
    for defendant: Bradford Rigby, (District Attorney's Office of the Cordele Judicial), Cordele, Patrick Warren, (Assistant District Attorney), Nashville, for appellee.
    Case Number: A21A1661

    Trial Court Erred in Failing to Make Credibility and Factual Findings on Claims of Ineffective Assistance of Counsel

  • Taylor v. The State

    Publication Date: 2022-01-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Boggs
    Attorneys: For plaintiff: John R. Monroe, (John Monroe Law, PC), Dawsonville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Mark Samuel Lindemann, (Department of Law), Atlanta, Fani T. Willis, David K. Getachew-Smith, Sr., Lyndsey Hurst Rudder, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S21A1092

    Court affirms convictions for malice murder and other crimes and rejects defendant's contentions that the evidence was all circumstantial and insufficient to support a conviction

  • Saxton v. The State

    Publication Date: 2022-01-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Nahmias
    Attorneys: For plaintiff: Anthony Leroy Johnson, (Office of ALJ, PC), Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Alex Martin Bernick, (Department of Law), Atlanta, Mark Preston Jones, Frederick Lewis, (Chattahoochee Judicial Circuit District Attorney's Office), Columbus, for appellee.
    Case Number: S22A0059

    Any Error in Allowing Prosecution Witness to Testify Regarding Direction of Bullet Travel Was Harmless