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  • Jackson v. The State

    Publication Date: 2021-06-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Richard M. Darden, (Darden Law Firm), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, John Thomas Durden, Jr., Melissa Leigh Poole, (Atlantic Judicial Circuit District Attorney's Office), Hinesville, for appellee.
    Case Number: S21A0132

    Unredacted Recording of 911 Call Properly Admitted at Trial Under Excited Utterance Exception to Hearsay Rule

  • Rogers v. The State

    Publication Date: 2021-06-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Michael Wayne Tarleton, (Georgia Public Defender Council - Appellate Division), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, John B. Johnson, (Brunswick Judicial Circuit District Attorney's Office), Odum, Thomas Edward Buscemi, (Department of Justice United States Attorney for the Northern District of Oklahoma), Cumming, for appellee.
    Case Number: S21A0152

    Evidence Against Defendant Not Entirely Circumstantial Where He Had Admitted to Intentionally Firing Gun in Victim's Direction

  • Ary v. The State

    Publication Date: 2021-06-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jonathan Lockwood, (Office of the Public Defender Brunswick Judicial Circuit), Jesup, for appellant.
    for defendant: Charles Higgins, Jacquelyn Johnson, Thomas Buscemi, (District Attorney's Office for the Brunswick Judicial Circuit), Brunswick, for appellee.
    Case Number: A21A0165

    Court affirms child molestation convictions over defendant's evidentiary challenges, contention of error in a jury charge, and claim of ineffective assistance

  • Alvarez-Maldonado v. The State

    Publication Date: 2021-06-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Daniel Porter, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, Brandon Delfunt, (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A21A0463

    Evidence Was Sufficient to Support Jury Finding That Defendant Was in Constructive Possession of Methamphetamine

  • Ross-Stubblefield et al. v. Weakland et al.

    Publication Date: 2021-06-15
    Practice Area: Evidence | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Jennifer Kurle, Steven Justus, (KurleLaw, LLC), Decatur, Paul Hotchkiss, Maggie Stewart, (Hotchkiss Law Firm LLC), Atlanta, for appellant.
    for defendant: Vera Stock, Jonathan Peters, (Peters & Monyak, LLP), Atlanta, Margaret Dobes, (Huff Powell & Bailey LLC), Atlanta, for appellee.
    Case Number: A21A0053

    Court affirms jury verdict for a doctor in a malpractice case, noting that admission of altered medical records had no bearing on the applicable standard of care

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    Allegheny County and Westmoreland County Court Rules 2024

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  • Jones v. The State

    Publication Date: 2021-06-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Randall Paul Sharp, (Sharp Georgia Law Firm), Smyrna, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, William C. Enfinger, (Department of Law), Atlanta, John Alexander Fitzner, Jessica Black Wilson, (Middle Judicial Circuit District Attorney's Office), Lyons, for appellee.
    Case Number: S21A0035

    Victim's Diary Entries Admissible at Murder Trial Under Residual Exception to Hearsay Rule

  • Abbott v. The State

    Publication Date: 2021-06-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: William Burton Mills, (William B. Mills, P.C.), Ringgold, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Leslie Anna Coots, (Department of Law), Atlanta, James C. Wyatt, (Rome Conflict Defender Office), Rome, Natalee Lyn Staats, Leigh Ellen Patterson, (Fulton County District Attorney's Office), Rome, for appellee.
    Case Number: S21A0075

    Court affirms convictions for murder and other offenses over defendant's objections to witness testimony, certain evidence, and the State's failure to disclose an agreement

  • Griffin v. The State

    Publication Date: 2021-06-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Ryan Christopher Locke, (Locke Law Firm LLC), 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, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S21A0448

    No Jury Misconduct Where Jurors Reviewed Texts on Properly Admitted Cell Phone Sent Out With Jury Without Objection

  • Dukes v. The State

    Publication Date: 2021-06-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    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, Leslie Anna Coots, (Department of Law), Atlanta, David K. Getachew-Smith, Sr., Lyndsey Hurst Rudder, Fani T. Willis, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S21A0399

    Sentences on Two Separate Firearm-Possession Counts Should Have Merged

  • Campbell v. The State

    Publication Date: 2021-06-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Kayci Timmons, (Miller & Key PA), McDonough, for appellant.
    for defendant: Sonya Chachere-Compton, Elizabeth Racine, Ryan Leonard, Aimee Sobhani, (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A21A0376

    In Trial Convicting Defendant of Home Invasion, Aggravated Assault, and Possession of a Firearm, Court Properly Admitted Other-Acts Evidence, Properly Declined to Instruct Jury on Lesser-Included Offenses