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  • The State v. McKinney

    Publication Date: 2022-12-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Patrician Burton, (Attorney at Law), Atlanta, Mike Carlson, Fani Willis, Lyndsey Rudder, Elizabeth Rosenwasser, (Office of the Fulton County District Attorney, Atlanta Judicial Circuit), Atlanta, Christopher Carr, Paula Smith, (Attorney General), Atlanta, for appellant
    for defendant: Michael Katz, (Attorney at Law), Decatur for appellee; National Alliance of Gang Investigators Associations and Georgia Gang Investigators Assoc., Jeffrey Wennar, Tucson, for AM.
    Case Number: A22A1509

    Court reverses order that excluded evidence of defendant's prior criminal gang activity and remands for admissibility determination under Rule 403 balancing test

  • Carter v. The State

    Publication Date: 2022-12-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: George William Thomas, (Brownstone P.A.), Winter Park, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, George Herbert Hartwig, Rodrigo L. Silva, William Marshall Kendall, (Houston County District Attorney’s Office), Perry, for appellee.
    Case Number: S22A1068

    Murder Victim's Out-of-Court Statements Were Admissible at Trial

  • Williams v. The State

    Publication Date: 2022-12-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Debra Jefferson, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Flynn Broady, Elizabeth York, (Cobb County District Attorney’s Office), Marietta, Samuel d’Entremont, (DeKalb County District Attorney’s Office), Decatur, for appellee.
    Case Number: A22A1297

    Court affirms convictions for kidnapping and sexual battery over defendant's challenges to admission of other acts evidence and allegations of no proof of venue

  • Edwards v. Roundtree et al.

    Publication Date: 2022-11-25
    Practice Area: Evidence | Expert Witnesses | Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jon Hall, David Nelson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, for appellant.
    for defendant: Robert Pirkle, (Attorney at Law), Hinesville, Larry Stewart, (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A22A1603

    Plaintiff's Physician's Medical Narrative Report Was Admissible Even Though It Differed From Deposition Testimony

  • Cunningham v. The State

    Publication Date: 2022-11-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Gregory Hicks, (Law Office of Gregory A. Hicks), Woodstock, for appellant.
    for defendant: Cliff Head, Shannon Wallace, (Assistant District Attorney Blue Ridge Judicial Circuit), Canton, for appellee.
    Case Number: A22A0819

    Court confirms conviction for sexual exploitation of a minor over defendant's challenges to the sufficiency of evidence.

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  • Moss v. The State

    Publication Date: 2022-11-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Gobeil
    Attorneys: For plaintiff: Benjamin Goldberg, (The Law Office of Ben Goldberg, LLC), Mableton, for appellant.
    for defendant: John Edwards, Marietta, Flynn Broady, Leslie Coots, (District Attorney Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A22A0787

    Court affirms convictions for rape and other crimes committed in 1997 over defendant's multiple evidentiary challenges and contentions of trial court error

  • Lewis v. The State

    Publication Date: 2022-10-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Stanley W. Schoolcraft, III, (Office of the Public Defender), McDonough, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, Fani T. Willis, Lyndsey Hurst Rudder, Richard Benjamin Caplan, Kevin Christopher Armstrong, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: S22A0757

    No Showing Made That Photo Lineup Was Unduly Suggestive or That Witness Was Under Influence of Drugs

  • Thomas v. The State

    Publication Date: 2022-10-10
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Peterson
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Emily Rebecca Polk, (Department of Law), Atlanta, Fani T. Willis, Richard Benjamin Caplan, Kevin Christopher Armstrong, (Fulton County District Attorney’s Office), Atlanta, Lyndsey Hurst Rudder, Savannah, for appellee.
    Case Number: S22A0798

    Trial Court's Error in Admitting Evidence of Prior Crime Was Not Prejudicial

  • Torres v. The State

    Publication Date: 2022-10-10
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Joshua Sabert Lowther, Bingzi Hu, (Lowther Walker LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Kathleen Leona McCanless, (Department of Law), Atlanta, Charles Keith Higgins, Benjamin E. Gephardt, (Brunswick Judicial Circuit District Attorney’s Office), Brunswick, for appellee.
    Case Number: S22A0659

    Defendant's Statements to Investigators Were Given Voluntarily and Were Not Induced by Hope of Benefit

  • Manor v. The State

    Publication Date: 2022-10-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Steven Sparger, (Attorney at Law), Savannah, for appellant.
    for defendant: Michael Edwards, Shalena Jones, Burt Burton, (Eastern Judicial Circuit District Attorney’s Office), Savannah, for appellee.
    Case Number: A22A1020

    Court reverses conviction for possession of marijuana with an intent to distribute because of chain of custody failure regarding the marijuana sample that was tested