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  • 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

  • Parrish v. The State

    Publication Date: 2022-02-02
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Fani Willis, (Fulton County District Attorney's Office), Atlanta, Kevin Armstrong, (Office of the District Attorney), Atlanta, for appellee.
    Case Number: A21A1315

    Any Error in Allowing Defendant to be Impeached at Trial by Written Statement Drafted by Trial Counsel Was Harmless

  • Williams v. The State

    Publication Date: 2022-01-24
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Ivery Williams, (Jenkins Correctional Facility), Millen, for appellant.
    for defendant: George Barnhill, (District Attorney), Waycross, John Rumker, (Assistant District Attorney), Douglas, for appellee.
    Case Number: A21A1654

    Trial Court Did Not Abuse Discretion in Concluding Two-Year Delay Did Not Violate Defendant's Speedy Trial Rights

  • 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

  • The State v. Houston

    Publication Date: 2021-12-21
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Fani T. Willis, Kenneth D. Kondritzer, Lyndsey Hurst Rudder, Keith Elliott Gammage, (Fulton County Solicitor General's Office), Atlanta, for appellant.
    for defendant: Joseph Scott Key, (Miller & Key, PA), McDonough, for appellee.
    Case Number: S21A0957

    Habeas Court Properly Found Defendant Was Not Advised of His Right to Counsel at Plea Hearing

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    Florida Construction Defect Litigation 2022

    Authors: Gary L. Brown

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  • McNeil v. The State

    Publication Date: 2021-12-16
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Devin Rafus, (Arora Law Firm LLC), Atlanta, for appellant.
    for defendant: David Parrish, Marietta, John Cranford, (Coweta Judicial Circuit), Newnan, for appellee.
    Case Number: A21A1600

    Court reverses denial of motion to suppress evidence seized during a traffic stop because the officer unreasonably prolonged the stop without reasonable suspicion

  • George v. The State

    Publication Date: 2021-12-03
    Practice Area: Constitutional Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Boggs
    Attorneys: For plaintiff: Eric C. Crawford, (Crawford & Boyle, LLC), Monroe, for appellant.
    for defendant: Randal Matthew McGinley, Jacqueline Payne Fletcher, Kristen Nicole Smith, (Alcovy Judicial Circuit District Attorney’s Office), Monroe, for appellee.
    Case Number: S21G0429

    Court of Appeals Erred in Considering the Relevance of Evidence Alone as Justifying Its Seizure Outside the Scope of a Search Warrant

  • Rockdale County v. U.S. Enterprises, Inc. et al.

    Publication Date: 2021-12-02
    Practice Area: Constitutional Law | Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Chief Justice Nahmias
    Attorneys: For plaintiff: William Joseph Linkous, (Hall County Law Department), Gainesville, Mirza Qader Ali Baig, (M. Qader A. Baig & Associates, LLC), Conyers, for appellant.
    for defendant: Roy E. Barnes, Benjamin Robert Rosichan, (The Barnes Law Group, LLC), Marietta, Richard A. Carothers, (Carothers & Mitchell, LLC), Buford, for appellee.
    Case Number: S21A0718

    County Ordinance's Definition of Prohibited "Truck Stop" Was Not Unconstitutionally Vague

  • Ash v. The State

    Publication Date: 2021-12-02
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Jackie Lynn Tyo, (Georgia Public Defender Council Appellate Division), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Richard Benjamin Caplan, Fani T. Willis, Lyndsey Hurst Rudder, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: S21A0771

    No Showing Made That Photo on Cell Phone Destroyed by Police Had Exculpatory Value

  • The State v. Ward

    Publication Date: 2021-11-29
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Deborah Gonzalez, (Western Judicial Circuit, DA), Athens, Patricia Brooks, Winder, for appellant.
    for defendant: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellee.
    Case Number: A21A0952

    Trial Counsel Should Have Objected to Prosecution's Derivative Use at Trial of Defendant's Earlier Compelled Statements to Employer