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  • Rozier v. The State

    Publication Date: 2022-09-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Jerry Chappell, (Solo Practicioner), Roswell, for appellant.
    for defendant: Sherry Boston, Jason Rea, (DeKalb County District Attorney’s Office), Decatur, for appellee.
    Case Number: A22A0642

    Court affirms convictions on two counts of aggravated cruelty to animals but vacates defendant's sentence and remands for resentencing due to merger error

  • Albury v. The State

    Publication Date: 2022-09-13
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Eliot Jay Abt, (ABT Law Firm, P.C.), Atlanta, Katie Alice Hingerty Borodin, (The Hingerty Law Firm, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Deborah D. Wellborn, Sherry Boston, Jason Matthew Rea, (Dekalb County District Attorney’s Office), Decatur, for appellee.
    Case Number: S22A0616

    Trial Court Conducted Proper Rule 303 Analysis Before Admitting Post-Incision Autopsy Photograph of Scalp Injury

  • The State v. Anderson

    Publication Date: 2022-09-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Patsy Austin-Gatson, Clifford Kurlander, Nam Nguyen, (Gwinnett County District Attorney’s Office), Lawrenceville, for appellant.
    for defendant: Stuart Mones, (Attorney at Law), Atlanta, for appellee.
    Case Number: A22A0731

    Court vacates trial court's exclusion of other acts evidence and remands for proper application of Rule 403 balancing test and analysis of other potential uses of evidence

  • Mathews v. The State

    Publication Date: 2022-08-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Peterson
    Attorneys: For plaintiff: Larry David Wolfe, (L. David Wolfe, P.C.), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Parisia Faith Sarfarazi, Christopher M. Carr, (Department of Law), Atlanta, Fani T. Willis, Lyndsey Hurst Rudder, Karen S. Bemi, Kevin Christopher Armstrong, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: S22A0670

    Evidence Supported Jury's Conclusion Defendant Was Party to Felony Murder and Aggravated Assault Crimes

  • Sarmiento-Naranjo v. The State

    Publication Date: 2022-08-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Jessica Towne, (Clark & Towne, P.C.), Lawrenceville, for appellant.
    for defendant: Penny Penn, (GA Bell-Forsyth Judicial Circuit), Cumming, Courtney Moore, (Forsyth County District Attorney’s Office), Cumming, for appellee.
    Case Number: A22A0992

    Court affirms convictions for child molestation and rape over defendant's challenges to jury instructions and admission of evidence that he claimed was hearsay

  • Law Journal Press | Digital Book

    Texas Legal Malpractice & Lawyer Discipline 2023

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Taylor v. The State

    Publication Date: 2022-08-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: Stephen Scarborough, Atlanta, for appellant.
    for defendant: Fani Willis, Burke Doherty, (Fulton County District Attorney’s Office, Atlanta, for appellee.
    Case Number: A22A0770

    Court affirms manslaughter conviction over defendant's objection to testimony from a detective who opined that the defendant did not act in self-defense

  • Moore v. The State

    Publication Date: 2022-08-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: John R. Monroe, (John Monroe Law, PC), Dawsonville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Michael Alexander Oldham, Christopher M. Carr, (Department of Law), Atlanta, Fani T. Willis, Lyndsey Hurst Rudder, Aslean Zachary Eaglin, Kevin Christopher Armstrong, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: S22A0583

    Evidence, Though Circumstantial, Supported Jury's Conclusion That Mother Inflicted Fatal Blunt Force Trauma on Child

  • George v. The State

    Publication Date: 2022-08-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Eric Crawford, (Crawford and Boyle, LLC), Monroe, for appellant.
    for defendant: Layla Zon, (District Attorney), Covington, Randal McGinley, (Newton County District Attorney’s Office), Covington, Jacqueline Fletcher, (Walton County District Attorney’s Office), Monroe, for appellee.
    Case Number: A20A0993

    Evidence seized in a child molestation case that was beyond the scope of a search warrant is admissible only if it satisfies a plan view standard

  • The State v. Awad

    Publication Date: 2022-08-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, (Attorney General), Atlanta, Herbert Poston, (District Attorney), Dalton, Paula Smith, (Assistant Attorney General), Atlanta, Mark Higgins, (Conasauga Judicial Circuit D.A.s Office), Dalton, for appellant.
    for defendant: D. Sessions, (The Sessions Law Firm, LLC), Atlanta, for appellee.
    Case Number: A20A1490

    The State cannot introduce evidence of a defendant's refusal to submit to a chemical test of his urine where defendant is charged with driving under the influence

  • The State v. Nixon

    Publication Date: 2022-08-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Elizabeth Racine, Aimee Sobhani, (Douglas County District Attorney’s Office), Douglasville, for appellant.
    for defendant: Christy Draper, (Attorney at Law), Douglasville, for appellee.
    Case Number: A22A0406

    Court reverses dismissal of aggravated assault charges after finding that missing video evidence was not constitutionally material and was not lost in bad faith