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  • Garland v. The State

    Publication Date: 2021-12-01
    Practice Area: Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Scott Grubman, Brittany Cambre, (Chilivis Grubman Dalbey & Warner LLP), Atlanta, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, John Fowler, (Clayton County District Attorney’s Office), Jonesboro, Laura Pfister, Blair McGowan, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A21A1059

    Trial Court Properly Held That Witness in Open Records Act Case Was Qualified to Testify as an Expert in Journalism and First Amendment Law

  • Clemmons v. The State

    Publication Date: 2021-11-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Elizabeth Baker, (Griffin Judicial Circuit District Attorney Fayette County District Attorney’s Office), Fayetteville, Marie Broder, (Spalding County District Attorney’s Office), Griffin, for appellee.
    Case Number: A21A0782

    Court affirms convictions for child molestation and related crimes over defendant's contentions of evidentiary error and ineffective assistance of counsel.

  • Bien-Aime v. The State

    Publication Date: 2021-11-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Ashleigh Merchant, (The Merchant Law Firm, PC), Marietta, for appellant.
    for defendant: Flynn Broady, Linda Dunikoski, Samuel D’entremont, (Cobb County District Attorney’s Office Cobb County Courthouse), Marietta, for appellee.
    Case Number: A21A1014

    Officer Witnessing a Suspect Fitting a Pattern of Criminal Behavior in a High Crime Area Is Not Sufficient to Provide Reasonable, Articulable Suspicion to Detain the Suspect

  • Reid v. The State

    Publication Date: 2021-11-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Crystal Bice, (Bice Law Group LLC), Temple, for appellant.
    for defendant: Tasha Mosley, (District Attorney), Jonesboro, Karen Barbour, (Clayton Judicial Circuit District Attorney’s Office), Jonesboro, for appellee.
    Case Number: A21A0882

    Court affirms convictions for child enticement and aggravated child molestation over defendant's claims of evidentiary and trial court error, and ineffective assistance of counsel

  • Woods v. The State

    Publication Date: 2021-11-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Keegan Gary, Hunter Rodgers, (Paulding Judicial Circuit Public Defender’s Office), Dallas, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, Donald Donovan, Paula Smith, (Assistant Attorney General), Atlanta, Anthony Williams, Matthew Rollins, (Paulding Circuit District Attorney’s Office), Dallas, , for appellee; Mark Loudon-Brown, (Southern Center for Human Rights), Atlanta, James Dugan, Gabrielle Antonello, (Wilkie Farr & Gallagher LLP), New York, M. Fabricant, (Innocence Project), New York for AM.
    Case Number: A21A0723

    Court affirms convictions for driving under the influence over defendant's constitutional and evidentiary challenges, but reverses convictions for two other charges

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Huff v. The State

    Publication Date: 2021-11-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jonathan Speiser, (Office of the Public Defender, Rome Judicial Circuit), Rome, for appellant.
    for defendant: Leigh Patterson, Leah Mayo, (Rome District Attorney's Office), Rome, for appellee.
    Case Number: A21A1505

    Evidence Is Sufficient to Support Conviction for Aggravated Assault With a Hammer; Whether Hammer Is Likely to or Does Cause Serious Injury Is for a Jury to Decide

  • Santoro v. The State

    Publication Date: 2021-11-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Debra Jefferson, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Penny Penn, Courtney Moore, (Forsyth County District Attorney's Office), Cumming for appellee.
    Case Number: A21A1094

    No Abuse of Discretion in Trial Court's Decision to Admit Expert Testimony on Cycle of Domestic Violence to Explain Why Victims Do Not Report Abuse, Leave an Abuser, or Love Abusers

  • The City of College Park et al. v. The City of Sandersville

    Publication Date: 2021-11-17
    Practice Area: Contracts | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Winston Denmark, Valorri Jones, (Fincher Denmark LLC), Jonesboro, Bryan Tyson, Bryan Jacoutot, Loree Paradise, (Taylor English Duma LLP), Atlanta, Danielle Matricardi, Aliayah Baaith, (Fincher Denmark, LLC), Atlanta, Rebecca Woods, (Seyfarth Shaw, LLP), Atlanta, for appellant.
    for defendant: Keenan Howard, (Assistant Solicitor General), Athens, Edward Wasmuth, Leah Sears, (Smith, Gambrell & Russell), Atlanta, Bob Langstaff, (Langstaff Law LLC), Albany, for appellee.
    Case Number: A21A1048

    Testimony of Whether City Council Approved Contract Is Admissible As It Is Not Concerning Legislative Intent

  • Barrett v. The State

    Publication Date: 2021-11-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Tyler Aaron Pope Carey, (Frost & Carey, LLC), Covington, for appellant.
    for defendant: Joshua Bradley Smith, Jared Tolton Williams, (Augusta Judicial Circuit District Attorney’s Office), Augusta, Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, for appellee.
    Case Number: S21A0788

    Trial Court Did Not Err by Admitting a Recording of Felony Murder Defendant's First Custodial Interview With Law Enforcement Officials

  • The State v. Henry

    Publication Date: 2021-11-10
    Practice Area: Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Jefferson Frisby Upchurch, (Henry County Judicial Center), McDonough, Springs, for appellant.
    for defendant: George Chadwell Creal, Jr., (George C. Creal, Jr., P.C.), Atlanta, for appellee; Omeeka P. Loggins, (Augusta-Richmond County Solicitor General’s Office), Augusta, Robert Wright Smith, Jr., (Prosecuting Attorneys’ Council Of Georgia), Morrow, for Amicus Appellant; Greg Allen Willis, (Willis Law Firm), Atlanta, Hunter Joseph Rodgers, (Paulding County Public Defender’s Office), Dallas, David Edward Clark, (Clark & Towne, PC), Lawrenceville, Kimberly A. Dymecki, Peachtree Corners, for Amicus Appellee.
    Case Number: S20G1339

    Court Rejects 'Reasonably Could' Standard in Favor of a 'Reasonably Would' Standard in Evaluating Counsel's Failure to Object to Admission of Blood Test