Georgia Case Commentaries

Merits-First Discipline: Georgia Supreme Court Holds It an Abuse of Discretion to Enter Default When a Timely Answer Was Misfiled but Promptly Corrected

Date: Nov 7, 2025

Merits-First Discipline: Georgia Supreme Court Holds It an Abuse of Discretion to Enter Default When a Timely Answer Was Misfiled but Promptly Corrected Case: In the Matter of Herald J.A. Alexander,...

Merritt v. State: Georgia Supreme Court reinforces preservation requirements for shackling and Brady claims and upholds strategic non‑objection under Strickland

Date: Nov 7, 2025

Merritt v. State: Georgia Supreme Court reinforces preservation requirements for shackling and Brady claims and upholds strategic non‑objection under Strickland Introduction In Merritt v. State,...

Stitts v. State: No Plain Error in Omitting Accomplice-Corroboration Instruction Where Independent Evidence Strongly Implicates the Accused

Date: Nov 7, 2025

Stitts v. State: No Plain Error in Omitting Accomplice-Corroboration Instruction Where Independent Evidence Strongly Implicates the Accused Introduction In Stitts v. State, decided November 4, 2025,...

Burks v. State: No Inherent Prejudice from Co‑Defendants’ Mid‑Voir Dire Guilty Pleas; Post‑Incision Autopsy Photos Admissible; Single Online Comment Insufficient for Change of Venue

Date: Oct 22, 2025

Burks v. State: No Inherent Prejudice from Co‑Defendants’ Mid‑Voir Dire Guilty Pleas; Post‑Incision Autopsy Photos Admissible; Single Online Comment Insufficient for Change of Venue Introduction In...

No Per Se Miranda Custody for 10-13 Behavioral Health Interviews; Pattern Insanity and Intoxication Instructions Suffice — Gravitt v. State (Ga. 2025)

Date: Oct 22, 2025

No Per Se Miranda Custody for 10-13 Behavioral Health Interviews; Pattern Insanity and Intoxication Instructions Suffice Commentary on Gravitt v. State, Supreme Court of Georgia (Decided Oct. 21,...

Strategic Non-Objections and Prison Gang Expertise: Georgia Supreme Court Clarifies Ineffective Assistance and Relevance Standards in Momon v. State

Date: Oct 22, 2025

Strategic Non-Objections and Prison Gang Expertise: Georgia Supreme Court Clarifies Ineffective Assistance and Relevance Standards in Momon v. State Introduction In Momon v. State, the Supreme Court...

Reid v. State: Perceived Rival-Gang Status Can Establish Motive; “Slight” Independent Evidence—Including Surveillance and Gang-Expert Testimony—Suffices to Corroborate Accomplice Testimony

Date: Oct 22, 2025

Reid v. State: Perceived Rival-Gang Status Can Establish Motive; “Slight” Independent Evidence—Including Surveillance and Gang-Expert Testimony—Suffices to Corroborate Accomplice Testimony...

Smith v. State: Georgia Supreme Court Reaffirms Harmless-Error Review for Minimally Used, Potentially Prejudicial Evidence

Date: Oct 22, 2025

Smith v. State: Georgia Supreme Court Reaffirms Harmless-Error Review for Minimally Used, Potentially Prejudicial Evidence Introduction In Smith v. State, decided October 21, 2025, the Supreme Court...

Paragraph V(b)(2) Naming Defects Are Non‑Jurisdictional and Curable via OCGA § 9‑11‑21: Tussahaw Reserves, LLC v. Butts County

Date: Oct 22, 2025

Paragraph V(b)(2) Naming Defects Are Non‑Jurisdictional and Curable via OCGA § 9‑11‑21: Tussahaw Reserves, LLC v. Butts County Introduction In Tussahaw Reserves, LLC et al. v. Butts County (Supreme...

Per-Unit Statute of Repose Under OCGA § 51-1-11(b)(2): Georgia Supreme Court Holds Repose Runs From the First Sale of Each Unit, Not From a Plaintiff’s Earliest Purchase

Date: Oct 17, 2025

Per-Unit Statute of Repose Under OCGA § 51-1-11(b)(2): Georgia Supreme Court Holds Repose Runs From the First Sale of Each Unit, Not From a Plaintiff’s Earliest Purchase Introduction In Burroughs v....

Georgia Supreme Court Bars Use of Arrest Warrants and Indictments for Impeachment Under OCGA § 24-6-609; Ineffective-Assistance Claims Fail Absent Prejudice — Commentary on Copney v. State (Ga. 2025)

Date: Oct 17, 2025

Georgia Supreme Court Bars Use of Arrest Warrants and Indictments for Impeachment Under OCGA § 24-6-609; Ineffective-Assistance Claims Fail Absent Prejudice Introduction In Copney v. State, S25A0877...

Stormwater Utility Charges Are Fees, Not Taxes: Georgia Supreme Court Reaffirms Homewood I and Clarifies Takings Doctrine After Sheetz

Date: Oct 17, 2025

Stormwater Utility Charges Are Fees, Not Taxes: Georgia Supreme Court Reaffirms Homewood I and Clarifies Takings Doctrine After Sheetz Introduction In Homewood Associates, Inc. et al. v. Unified...

Legitimation Against the Marital Presumption: Georgia Supreme Court Leaves Best‑Interests Framework Intact and Calls for Legislative Clarification

Date: Oct 17, 2025

Legitimation Against the Marital Presumption: Georgia Supreme Court Leaves Best‑Interests Framework Intact and Calls for Legislative Clarification Introduction In Marquez v. Aguirre, Case No....

Moss v. State: Ambiguous Self-Referential Statements Do Not Clearly Trigger Georgia’s Confession-Corroboration Rule; Unsettled Status of Offense Captions as Factual Allegations; Particularity of Cell-Phone Warrants Reaffirmed Through Pugh/Wilson Framework

Date: Oct 17, 2025

Moss v. State: Ambiguous Self-Referential Statements Do Not Clearly Trigger Georgia’s Confession-Corroboration Rule; Unsettled Status of Offense Captions as Factual Allegations; Particularity of...

Redressability at the Core of Georgia’s Actual-Controversy Requirement: Plaintiffs Must Sue the Actor Causing the Injury

Date: Oct 17, 2025

Redressability at the Core of Georgia’s Actual-Controversy Requirement: Plaintiffs Must Sue the Actor Causing the Injury Introduction This commentary examines the Supreme Court of Georgia’s decision...

Plain Error at the Time of Appeal—With a Prospective Caveat: Georgia High Court Holds Daubert Inapplicable to Pre‑2022 Criminal Trials and Reaffirms Harper/Belton for Footwear Testimony

Date: Oct 17, 2025

Plain Error at the Time of Appeal—With a Prospective Caveat: Georgia High Court Holds Daubert Inapplicable to Pre‑2022 Criminal Trials and Reaffirms Harper/Belton for Footwear Testimony Introduction...

Actual Knowledge Is Awareness of the Hazard Itself, Not Its Precise Location: Georgia Supreme Court Clarifies “Specific Hazard” and Limits Constructive-Knowledge Principles in Premises Liability

Date: Oct 17, 2025

Actual Knowledge Is Awareness of the Hazard Itself, Not Its Precise Location: Georgia Supreme Court Clarifies “Specific Hazard” and Limits Constructive-Knowledge Principles in Premises Liability...

Smith v. State: Clarifying the Timberlake Framework for Extraordinary Motions Based on New Expert Scientific Analysis

Date: Oct 17, 2025

Smith v. State: Clarifying the Timberlake Framework for Extraordinary Motions Based on New Expert Scientific Analysis Court: Supreme Court of Georgia Date: October 15, 2025 Citation: S25A0548 Author:...

No “Basic Fairness” Shortcut: Georgia Supreme Court Requires Explicit Rule 401/403 Analysis Before Excluding Social-Media Gang Evidence (State v. Sims)

Date: Oct 17, 2025

No “Basic Fairness” Shortcut: Georgia Supreme Court Requires Explicit Rule 401/403 Analysis Before Excluding Social-Media Gang Evidence Commentary on State v. Sims, Supreme Court of Georgia (Oct. 15,...

Taylor v. State: Unpreserved Fourth Amendment Attacks on Social Media and Cell-Phone Warrants Face Plain-Error Review; Cumulative Digital Communications Render Any Error Harmless

Date: Oct 17, 2025

Taylor v. State: Unpreserved Fourth Amendment Attacks on Social Media and Cell-Phone Warrants Face Plain-Error Review; Cumulative Digital Communications Render Any Error Harmless Introduction In...

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