Georgia Case Commentaries

Franklin v. State — Ineffective Assistance and Cell-Phone Suppression Motions: Abandonment and No Duty to Anticipate Wilson

Date: Jan 22, 2026

Franklin v. State: No Ineffective Assistance for Failing to Seek Suppression of (1) an Abandoned Cell Phone and (2) a Pre‑Wilson “Evidence of Murder” iPhone Warrant 1. Introduction In Franklin v....

Privacy Is Not a Categorical Bar to Discovering Medical Records in Georgia HSV-Transmission Claims; Discovery Must Be Narrowly Tailored with Protective Orders

Date: Jan 22, 2026

Privacy Is Not a Categorical Bar to Discovering Medical Records in Georgia HSV-Transmission Claims; Discovery Must Be Narrowly Tailored with Protective Orders 1. Introduction Moulton v. Goodell...

Contingency Fees Cannot Attach to Routine Probate Distributions; Disputed Fees Must Remain in Trust—Conversion Warrants Disbarment

Date: Jan 22, 2026

Contingency Fees Cannot Attach to Routine Probate Distributions; Disputed Fees Must Remain in Trust—Conversion Warrants Disbarment 1. Introduction In the Matter of Nubiyn Matamalaki Mosi Mzekewe...

Georgia Supreme Court Rejects Public Reprimand for Rule 8.4(a)(8) Criminal-Act Misconduct Despite Pardon and Interim Suspension

Date: Jan 22, 2026

Georgia Supreme Court Rejects Public Reprimand for Rule 8.4(a)(8) Criminal-Act Misconduct Despite Pardon and Interim Suspension Case: In the Matter of W. McCall Calhoun, Jr. (S25Y1501) | Court:...

Opening Default in Georgia Attorney Discipline: OCGA § 9-11-55(b) Applies Liberally and Requires Case-Wide (Not Partial) Relief to Preserve Merits Review

Date: Jan 22, 2026

Opening Default in Georgia Attorney Discipline: OCGA § 9-11-55(b) Applies Liberally and Requires Case-Wide (Not Partial) Relief to Preserve Merits Review 1. Introduction In the Matter of Mylee...

Accurate-at-Trial Disclosure of a Witness Plea Deal Satisfies Brady/Giglio Despite Post‑Trial Plea Modification to Avoid a Potentially Illegal Sentence

Date: Jan 22, 2026

Accurate-at-Trial Disclosure of a Witness Plea Deal Satisfies Brady/Giglio Despite Post‑Trial Plea Modification to Avoid a Potentially Illegal Sentence Case: Wells v. State Court: Supreme Court of...

Stapleton v. State: Silent Record and “No Recollection” Do Not Rebut the Presumption That Trial Bailiffs Were Sworn

Date: Jan 22, 2026

Stapleton v. State: Silent Record and “No Recollection” Do Not Rebut the Presumption That Trial Bailiffs Were Sworn 1. Introduction In Stapleton v. The State (Supreme Court of Georgia, decided...

Totality-of-the-Circumstances Validates an Alford Plea Despite Imperfect Boykin Waiver; Harsh Plea Advice Not “Coercion”; Appellate Correction of Harmful Merger Errors

Date: Jan 22, 2026

Totality-of-the-Circumstances Validates an Alford Plea Despite Imperfect Boykin Waiver; Harsh Plea Advice Not “Coercion”; Appellate Correction of Harmful Merger Errors 1. Introduction In Williams v....

Passing Reference to Incarceration: When a Mistrial Is Not Required (Byrd v. State)

Date: Jan 8, 2026

Passing Reference to Incarceration: When a Mistrial Is Not Required Under Georgia’s Mistrial Discretion Standard Introduction In Byrd v. THE STATE (Supreme Court of Georgia, Jan. 5, 2026), appellant...

Scott v. State (Ga. 2026): Voluntary Stationhouse Interview Is Noncustodial for Miranda; Cumulative Other-Acts Proof Renders Error Harmless; “Thirteenth Juror” Rulings Receive Strong Appellate Deference

Date: Jan 8, 2026

Scott v. State (Ga. 2026): Voluntary Stationhouse Interview Is Noncustodial for Miranda; Cumulative Other-Acts Proof Renders Error Harmless; “Thirteenth Juror” Rulings Receive Strong Appellate...

Dills v. Weaver: Prior Representation of a Co-Defendant Creates an “Actual Conflict” When It Forecloses Blame-Shifting and Cross-Examination; Ineffective Appellate Counsel Can Supply Cause-and-Prejudice to Overcome Procedural Default

Date: Jan 8, 2026

Dills v. Weaver: Prior Representation of a Co-Defendant Creates an “Actual Conflict” When It Forecloses Blame-Shifting and Cross-Examination; Ineffective Appellate Counsel Can Supply...

Murray v. State: Totality-of-the-Circumstances Controls Post-Sentencing Guilty-Plea Withdrawal Despite Non-Strict Rule 33.8/Boykin Colloquy

Date: Jan 8, 2026

Murray v. State: Totality-of-the-Circumstances Controls Post-Sentencing Guilty-Plea Withdrawal Despite Non-Strict Rule 33.8/Boykin Colloquy 1. Introduction In Murray v. The State (Supreme Court of...

Aggravated Assault Must Merge into Malice Murder When the Assaultive Injury Contributes to Death, Requiring Resentencing on Dependent Possession Counts — Adams v. State

Date: Jan 8, 2026

Aggravated Assault Must Merge into Malice Murder When the Assaultive Injury Contributes to Death, Requiring Resentencing on Dependent Possession Counts — Adams v. State (Ga. Jan. 5, 2026) 1....

Smith v. State (Ga. 2026): Plain-Error Limits on Hearsay/Confrontation Challenges to Nonverbal Evidence (Photo-Sending) and Strict Preservation of Objections

Date: Jan 8, 2026

Smith v. State (Ga. 2026): Plain-Error Limits on Hearsay/Confrontation Challenges to Nonverbal Evidence (Photo-Sending) and Strict Preservation of Objections Introduction In Smith v. State, the...

Sellers v. State: “Slight Evidence” Justifies a Parties-to-a-Crime Charge Even When the State Proceeds on a Shooter Theory

Date: Jan 8, 2026

Sellers v. State: “Slight Evidence” Justifies a Parties-to-a-Crime Charge Even When the State Proceeds on a Shooter Theory Court: Supreme Court of Georgia Date: January 5, 2026 Case: Sellers v. State...

Georgia Attorney Discipline: Nunc Pro Tunc Suspension Tied to Verified Cessation of Practice—Inactive Status Date as a Supported Anchor

Date: Jan 8, 2026

Georgia Attorney Discipline: Nunc Pro Tunc Suspension Tied to Verified Cessation of Practice—Inactive Status Date as a Supported Anchor Case: In the Matter of Stephanie Dianne Woodard Court: Supreme...

UPSHAW v. THE STATE (Three Cases): Prior Drug Offenses Qualify as “Criminal Gang Activity” Admissible Under OCGA § 24-4-418 Without a Gang-Nexus Showing

Date: Jan 8, 2026

Prior Drug Offenses Qualify as “Criminal Gang Activity” Admissible Under OCGA § 24-4-418 Without a Gang-Nexus Showing 1. Introduction In UPSHAW v. THE STATE (consolidated with GLANTON v. THE STATE...

Tasby v. The State: Stereotype- and Class-Coded Rationales as Pretext in Reverse Batson Challenges

Date: Jan 7, 2026

Tasby v. The State: Stereotype- and Class-Coded Rationales as Pretext in Reverse Batson Challenges Introduction In Tasby v. The State (A25A0067, Court of Appeals of Georgia, May 29, 2025) (not...

Prospective Declaratory Attacks on Sex-Offender Registration Require a Present, Non-Advisory Controversy; Individual-Capacity Claims Against Former Officials Are Moot

Date: Jan 7, 2026

Prospective Declaratory Attacks on Sex-Offender Registration Require a Present, Non-Advisory Controversy; Individual-Capacity Claims Against Former Officials Are Moot 1. Introduction In GARDEI v....

Personal Accountability of Immigration “Notice Attorneys” and Systemic Supervisory Failures: Commentary on In the Matter of Christopher Casey Taylor

Date: Dec 27, 2025

Personal Accountability of Immigration “Notice Attorneys” and Systemic Supervisory Failures: Commentary on In the Matter of Christopher Casey Taylor 1. Introduction This disciplinary opinion from the...