Georgia Case Commentaries

No Automatic New Trial or Retroactive Exclusion When a Count Fails: Clarifying the Effect of a Reversed Street Gang Act Charge on Remaining Convictions

Date: Oct 1, 2025

No Automatic New Trial or Retroactive Exclusion When a Count Fails: Clarifying the Effect of a Reversed Street Gang Act Charge on Remaining Convictions Introduction In Bostic v. The State and Wright...

Only Executive Orders Are Appealable in GLC COAM Arbitrations: Georgia Supreme Court Clarifies That Interim Awards Do Not Trigger the 10‑Day Review Deadline

Date: Oct 1, 2025

Only Executive Orders Are Appealable in GLC COAM Arbitrations: Georgia Supreme Court Clarifies That Interim Awards Do Not Trigger the 10‑Day Review Deadline Case: Ultra Group of Companies, Inc. v....

Williams v. State: Georgia Supreme Court Reaffirms Broad Trial-Court Discretion to Admit Victims’ Domestic‑Violence Statements Under Rule 807

Date: Oct 1, 2025

Williams v. State: Georgia Supreme Court Reaffirms Broad Trial-Court Discretion to Admit Victims’ Domestic‑Violence Statements Under Rule 807 Court: Supreme Court of Georgia | Date: September 30,...

Direct Admissions as Direct Evidence: Green v. State Reaffirms That OCGA § 24-14-6 Does Not Apply When the State Presents Any Admission by the Accused

Date: Oct 1, 2025

Direct Admissions as Direct Evidence: Green v. State Reaffirms That OCGA § 24-14-6 Does Not Apply When the State Presents Any Admission by the Accused Introduction In Green v. State, the Supreme...

Separate Offenses Under Georgia’s Gang Act: Subsections (a) and (d) Do Not Merge

Date: Oct 1, 2025

Separate Offenses Under Georgia’s Gang Act: Subsections (a) and (d) Do Not Merge Introduction In Evans v. State and Miller v. State (Supreme Court of Georgia, Sept. 30, 2025), the Court resolved a...

Paragraph V Waiver Confirmed; “Until Subsequent Agreement” Clauses Create At‑Will, Indefinite Contracts — Commentary on State of Georgia v. Dovetel Communication, LLC

Date: Oct 1, 2025

Paragraph V Waiver Confirmed; “Until Subsequent Agreement” Clauses Create At‑Will, Indefinite Contracts — Commentary on State of Georgia v. Dovetel Communication, LLC Introduction In State of Georgia...

Robinson v. State: Georgia Supreme Court Clarifies Direct-Evidence Sufficiency, Limits on Accomplice-Corroboration Charges, and the Involuntary Manslaughter Pathway for Underage Firearm Defendants

Date: Oct 1, 2025

Robinson v. State: Georgia Supreme Court Clarifies Direct-Evidence Sufficiency, Limits on Accomplice-Corroboration Charges, and the Involuntary Manslaughter Pathway for Underage Firearm Defendants...

Hill v. State (Ga. 2025): Including “Age” in No‑Sympathy Jury Instructions Is Not Plain Error; Juvenile Miranda Waiver Upheld Under Totality Despite Reid‑Style Interviewing; Post‑Incision Autopsy Photo Admissible

Date: Oct 1, 2025

Including “Age” in No‑Sympathy Jury Instructions Is Not Plain Error; Juvenile Miranda Waiver Upheld Under Totality Despite Reid‑Style Interviewing; Post‑Incision Autopsy Photo Admissible Case: Hill...

Crawford v. State: Clarifying the Admissibility of Non‑Eyewitness Lay Opinions on a Defendant’s State of Mind and the Demanding Outcome‑Effect Requirement in Plain‑Error Review

Date: Oct 1, 2025

Crawford v. State: Clarifying the Admissibility of Non‑Eyewitness Lay Opinions on a Defendant’s State of Mind and the Demanding Outcome‑Effect Requirement in Plain‑Error Review Introduction In...

Home Rule Applies to Zoning: Georgia Electors May Repeal County Zoning Ordinances by Referendum

Date: Oct 1, 2025

Home Rule Applies to Zoning: Georgia Electors May Repeal County Zoning Ordinances by Referendum Introduction In Bailey v. McIntosh County (consolidated with Webster v. McIntosh County and McIntosh...

No Plain Error for Unrequested Lesser-Offense Instructions; Single-Witness Identification Suffices: Commentary on Lewis v. State (Ga. 2025)

Date: Oct 1, 2025

No Plain Error for Unrequested Lesser-Offense Instructions; Single-Witness Identification Suffices Commentary on Lewis v. State, Supreme Court of Georgia (Sept. 30, 2025) Introduction In Lewis v....

Evans v. State: Georgia Supreme Court Affirms Forfeiture-by-Wrongdoing Based on Prison-Intimidation Evidence and Requires Merger of Assault and Aggravated Battery into Malice Murder

Date: Oct 1, 2025

Evans v. State: Georgia Supreme Court Affirms Forfeiture-by-Wrongdoing Based on Prison-Intimidation Evidence and Requires Merger of Assault and Aggravated Battery into Malice Murder Court: Supreme...

Deliberate Interval and Distinct-Injury Test Reaffirmed: Georgia Supreme Court Clarifies Non‑Merger of Aggravated Assault and Malice Murder in Allen v. State

Date: Aug 31, 2025

Deliberate Interval and Distinct-Injury Test Reaffirmed: Georgia Supreme Court Clarifies Non‑Merger of Aggravated Assault and Malice Murder in Allen v. State Introduction In Allen v. State, the...

Foster v. State: Admissions as Direct Evidence Limit OCGA § 24-14-6; Minimal Corroboration of Confessions and Deference to Continuance Denials

Date: Aug 31, 2025

Foster v. State: Admissions as Direct Evidence Limit OCGA § 24-14-6; Minimal Corroboration of Confessions and Deference to Continuance Denials Introduction In Foster v. State (Supreme Court of...

Income Approach Restored for LIHTC Valuations: Georgia Supreme Court Overrules Freedom Heights and Clarifies OCGA § 48-5-2(3)(B)(vii)(II)

Date: Aug 31, 2025

Income Approach Restored for LIHTC Valuations: Georgia Supreme Court Overrules Freedom Heights and Clarifies OCGA § 48-5-2(3)(B)(vii)(II) Introduction In Gateway Pines Hahira, LP v. Lowndes County...

Hall v. State: Georgia Supreme Court Rejects “Generic Motive to Control” Under Rule 404(b) but Upholds Prior Domestic Violence to Prove Intent and Absence of Accident; Excited Utterances by Non-Eyewitness Child Clarified

Date: Aug 31, 2025

Hall v. State: Georgia Supreme Court Rejects “Generic Motive to Control” Under Rule 404(b) but Upholds Prior Domestic Violence to Prove Intent and Absence of Accident; Excited Utterances by...

Pursuit Eliminates Justification and Defendant Admissions Defeat Georgia’s Circumstantial Evidence Rule: A Commentary on Mack v. State (Ga. 2025)

Date: Aug 31, 2025

Pursuit Eliminates Justification and Defendant Admissions Defeat Georgia’s Circumstantial Evidence Rule: A Commentary on Mack v. State (Ga. 2025) Introduction In Mack v. State, the Supreme Court of...

No Voluntary Manslaughter Charge Without Serious Provocation: Georgia Supreme Court Reaffirms Plain-Error Limits and Strickland Prejudice in Marrow v. State

Date: Aug 31, 2025

No Voluntary Manslaughter Charge Without Serious Provocation: Georgia Supreme Court Reaffirms Plain-Error Limits and Strickland Prejudice in Marrow v. State Introduction In Marrow v. State (Supreme...

Payne v. State: Limiting Debelbot and Clarifying Photo‑Lineup Challenges—Media Exposure Arguments Go to Weight, and “50%” Reasonable‑Doubt Misstatements Are Deficient but Not Automatically Prejudicial

Date: Aug 31, 2025

Payne v. State: Limiting Debelbot and Clarifying Photo‑Lineup Challenges—Media Exposure Arguments Go to Weight, and “50%” Reasonable‑Doubt Misstatements Are Deficient but Not Automatically...

Limiting the “Bolstering” Harmless-Error Rule: Prior Inconsistent Statements Fall Outside the Exclusion in Georgia

Date: Aug 31, 2025

Limiting the “Bolstering” Harmless-Error Rule: Prior Inconsistent Statements Fall Outside the Exclusion in Georgia Introduction In Richardson v. State (Supreme Court of Georgia, Aug. 26, 2025), the...