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  • The State v. Burns

    Publication Date: 2019-07-10
    Practice Area: Constitutional Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Shannon Glover Wallace, Cliff Head, (Cherokee County District Attorney's Office), Canton, Randall Joseph Ivey, (District Attorney Office for Blue Ridge Judicial Circuit), Canton, for appellant.
    for defendant: Scott Thomas Poole, Michael Anthony Ray, (Grisham & Poole, P.C.), Canton, for appellee. Michael Scott Carlson, (Georgia Bureau of Investigation), Decatur, D. Victor Reynolds, John Stuart Melvin, Charles Prescott Boring, John Richard Edwards, Amelia Greeson Pray, Jaret Teague Usher, (Cobb County District Attorney's Office), Marietta, for Amicus Appellant. James L. Ford, Sr., (James Lee Ford, P.C.), Atlanta, for Amicus Appellee.
    Case Number: S18G1354

    Court overrules its precedent and concludes that Evidence Rule 403 does not preclude admission of witness's prior false allegations in sexual misconduct case

  • Miller v. The State

    Publication Date: 2018-03-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Eric J Taylor (Office of the Public Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard, Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder, Marc A. Mallon (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1578

    The jury was authorized to find that the evidence, although circumstantial, was sufficient to exclude every other reasonable hypothesis save that of guilt in defendant's trial for malice murder and concealing the death of another in connection with the death of her ex-girlfriend.