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  • Olsen v. The State

    Publication Date: 2024-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Amanda Clark Palmer, Donald Samuel, (Garland, Samuel & Loeb PC), Atlanta, for appellant.
    for defendant: C. Cross, Sherry Boston, (DeKalb County District Attorney’s Office DeKalb County Courthouse), Decatur, Lenny Krick, (Assistant District Attorney-Stone Mountain Judicial Circuit), Decatur, for appellee.
    Case Number: A23A1506

    Court reverses police officer's conviction related to use of force policy in a case involving a fatal shooting, but notes that officer may be retried for aggravated assault

  • Lynn v. The State

    Publication Date: 2018-05-07
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Donald Samuel (Garland Samuel & Loeb PC), Atlanta, for appellant.
    for defendant: Michael Mahoney (Office of the District Attorney, Bell-Forsyth Judicial Circuit), Cumming, for appellee.
    Case Number: A17A2117

    The trial court reversibly erred in excluding certain testimony as hearsay, because the evidence was not hearsay, as it was not offered to prove the truth of the matter asserted but rather to show its effect on defendant's state of mind and its impact on his later actions; the evidence was relevant; and it was not cumulative of other admitted evidence.