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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.

  • Boothe v. State

    Publication Date: 2013-07-03
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Stanley W. Schoolcraft III Public Defender's Office, McDonough, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Frances C. Kuo, Deputy Chief Assistant District Attorney, Kathryn L. Powers, Jason B. Green, Assistant District Attorneys, Jonesboro, Elizabeth A. Baker, Assistant District Attorney, Decatur, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Andrew G. Sims, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S13A0042

    Any potential error in the admission of photocopies of police sketches, rather than the original sketches, was harmless in light of the other evidence of the defendant's

  • Walker v. State

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Harold B. Baker, Georgia Capital Defender, Tifton, and Gerald P. Word, Georgia Capital Defender, Atlanta, for appellant.
    for defendant: Gregory W. Winters, District Attorney, John A. Regan, Assistant District Attorney, Macon, Samuel S. Olens, Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S11A1449

    The trial court properly denied the defendant's speedy trial motion as premature, since O.C.G.A. 17-7-171 b requires that more than two terms of court expire before a defendant is entitled to discha

  • Weis v. State

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Stephen B. Bright Southern Ctr. for Human Rights, Robert H. Citronberg, Atlanta, and Thomas M. West, Manchester, Mass., for appellant.
    for defendant: Scott L. Ballard, District Attorney, Robert W. Smith Jr., Assistant District Attorney, Griffin, Thurbert E. Baker, Attorney General, and Patricia B. A. Burton, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S09A1951

    Inadequate or delayed defense counsel funding from the Georgia Public Defender Standards Council did not result in presumed prejudice to the defendant, since the funding deficiency showed neither an