Georgia Case Commentaries

Harmless Error in Omitted Forcible-Felony Justification Instructions: Commentary on Westbrook v. State (Ga. 2025)

Date: Dec 10, 2025

Harmless Error in Omitted Forcible-Felony Justification Instructions: Commentary on Westbrook v. State (Supreme Court of Georgia, 2025) I. Introduction In Westbrook v. State, S26A0101 (Dec. 9, 2025),...

Dixon v. State: Clarifying Expert Disclosure Duties and Aggressor-Based Limits on Self‑Defense in Georgia

Date: Dec 10, 2025

Dixon v. State: Clarifying Expert Disclosure Duties and Aggressor-Based Limits on Self‑Defense in Georgia I. Introduction In Dixon v. State, S26A0052 (Ga. Dec. 9, 2025), the Supreme Court of Georgia...

Johnson v. State: Demonstrative Video Evidence in Opening Statements and the Bounds of Prosecutorial Argument in Georgia

Date: Dec 10, 2025

Johnson v. State: Demonstrative Video Evidence in Opening Statements and the Bounds of Prosecutorial Argument in Georgia I. Introduction Johnson v. State, decided by the Supreme Court of Georgia on...

Direct Evidence and Appellate Abandonment in Georgia Criminal Appeals: Commentary on Montgomery v. State

Date: Dec 10, 2025

Direct Evidence as a Bar to Georgia’s Circumstantial Evidence Rule and Strict Enforcement of Appellate Abandonment: Commentary on Montgomery v. State 1. Introduction The Supreme Court of Georgia’s...

Norwood v. State: Reaffirming No-Knowledge Requirement for First-Degree Child Cruelty and Clarifying “Thirteenth Juror” Review in Georgia

Date: Dec 10, 2025

Norwood v. State: Reaffirming No-Knowledge Requirement for First-Degree Child Cruelty and Clarifying “Thirteenth Juror” Review in Georgia I. Introduction In Norwood v. State, S25A1383 (Ga. Dec. 9,...

Venticinque v. Lair: Clarifying the Burden of Proving Harm and the Limits of Equitable Caregiver Status under OCGA § 19‑7‑3.1

Date: Dec 10, 2025

Venticinque v. Lair: Clarifying the Burden of Proving Harm and the Limits of Equitable Caregiver Status under OCGA § 19‑7‑3.1 I. Introduction In Venticinque v. Lair, the Supreme Court of Georgia...

Edwards v. State: Clarifying Transferred Justification and Pattern Excessive-Force Instructions in Bystander Killings

Date: Dec 10, 2025

Edwards v. State: Clarifying Transferred Justification and Pattern Excessive-Force Instructions in Bystander Killings I. Introduction In Edwards v. State, decided December 9, 2025, the Supreme Court...

Impeachment with Underlying First Offender Conduct under Rule 608(b): Commentary on Lewis v. State (Ga. 2025)

Date: Dec 10, 2025

Impeachment with Underlying First Offender Conduct under Rule 608(b): A Commentary on Lewis v. State, Supreme Court of Georgia (Dec. 9, 2025) I. Introduction The Supreme Court of Georgia’s decision...

Frison v. State: Deference to the Jury When Video Evidence Undercuts a Self-Defense Claim

Date: Dec 10, 2025

Frison v. State: Deference to the Jury When Video Evidence Undercuts a Self-Defense Claim I. Introduction In Frison v. State, S25A1246 (Ga. Dec. 9, 2025), the Supreme Court of Georgia affirmed a...

From Declaratory Judgments to “Any Other Action”: The Georgia Supreme Court Broadens the Attorney General Service Requirement in Chestnut Ridge, LLLP v. Hall County Board of Tax Assessors

Date: Dec 10, 2025

From Declaratory Judgments to “Any Other Action”: The Georgia Supreme Court Broadens the Attorney General Service Requirement in Chestnut Ridge, LLLP v. Hall County Board of Tax Assessors I....

Present‑Sense Text Messages and Circumstantial Proof of Homicide: A Commentary on Moss v. State

Date: Dec 10, 2025

Present‑Sense Text Messages and Circumstantial Proof of Homicide: A Commentary on Moss v. State I. Introduction In Moss v. State, S25A1239 (Ga. Dec. 9, 2025), the Supreme Court of Georgia addressed...

Saunders v. State: Abandonment of Ineffective-Assistance Claims and Appellate Limits on “Thirteenth Juror” Review

Date: Dec 10, 2025

Saunders v. State: Abandonment of Ineffective-Assistance Claims and Appellate Limits on “Thirteenth Juror” Review I. Introduction In Saunders v. State, S25A1091 (Ga. Dec. 9, 2025), the Supreme Court...

State v. Phillips: Violation of Oath by Public Officer as a Potential Predicate Felony for Felony Murder in Georgia

Date: Dec 10, 2025

State v. Phillips: Violation of Oath by Public Officer as a Potential Predicate Felony for Felony Murder in Georgia I. Introduction The Supreme Court of Georgia’s decision in State v. Phillips,...

Different Malice, Different Verdicts: Montgomery v. State and the Coexistence of Malice‑Murder Acquittals with Felony‑Murder Convictions Based on Aggravated Battery

Date: Dec 10, 2025

Different Malice, Different Verdicts: Montgomery v. State and the Coexistence of Malice‑Murder Acquittals with Felony‑Murder Convictions Based on Aggravated Battery I. Introduction In Montgomery v....

Implicit Findings and Strategic Choices: Residual Hearsay, Juror Substitution, and Speedy‑Trial Ineffectiveness in Lee v. State

Date: Dec 10, 2025

Implicit Findings and Strategic Choices: Residual Hearsay, Juror Substitution, and Speedy‑Trial Ineffectiveness in Lee v. State I. Introduction The Supreme Court of Georgia’s decision in Lee v....

Non‑Waivable Statutory Preconditions for Probation Revocation in Georgia: Commentary on State v. Greathouse

Date: Nov 20, 2025

Non‑Waivable Statutory Preconditions for Probation Revocation in Georgia: Commentary on State v. Greathouse (Ga. 2025) 1. Introduction In State v. Greathouse, S25G0491 (decided Nov. 18, 2025), the...

Taylor v. State: Reaffirming Georgia’s Flexible Venue Statute and Its Compatibility with State and Federal Constitutions

Date: Nov 20, 2025

Taylor v. State: Reaffirming Georgia’s Flexible Venue Statute and Its Compatibility with State and Federal Constitutions I. Introduction In Taylor v. State, S25A1453 (Ga. Nov. 18, 2025), the Supreme...

Asmelash v. State: Harmless-Error Review Governs Denial of Juror Requests to Replay Admitted Video; No Strickland Prejudice from Uncalled, Contradicted Alibi Witness

Date: Nov 7, 2025

Asmelash v. State: Harmless-Error Review Governs Denial of Juror Requests to Replay Admitted Video; No Strickland Prejudice from Uncalled, Contradicted Alibi Witness Introduction In Asmelash v. State...

Georgia Supreme Court Reaffirms Default-Based Disbarment for Client Abandonment; Misrepresentation to Client Alone Supports Rule 8.4(a)(4)

Date: Nov 7, 2025

Georgia Supreme Court Reaffirms Default-Based Disbarment for Client Abandonment; Misrepresentation to Client Alone Supports Rule 8.4(a)(4) Introduction In In the Matter of Brian Joel Aplin (S25Y0795,...

Silence Is Admission: Georgia High Court Reaffirms Presumptive Disbarment for Knowing Client Abandonment and Non‑Cooperation, with Restitution as a Readmission Prerequisite

Date: Nov 7, 2025

Silence Is Admission: Georgia High Court Reaffirms Presumptive Disbarment for Knowing Client Abandonment and Non‑Cooperation, with Restitution as a Readmission Prerequisite Court: Supreme Court of...