Georgia Case Commentaries

Statutory Insanity Defenses Unaffected by Voluntary Induction of Mental State

Date: May 29, 2025

Statutory Insanity Defenses Unaffected by Voluntary Induction of Mental State Introduction State v. Wierson, decided May 28, 2025 by the Supreme Court of Georgia, clarifies the scope of Georgia’s two...

Malice Murder by Participation: Sufficiency of Evidence for Party Liability in Group Gunfights

Date: May 29, 2025

Malice Murder by Participation: Sufficiency of Evidence for Party Liability in Group Gunfights Introduction Sims v. State (S25A0058) and Glover v. State (S25A0150) were decided by the Supreme Court...

Pollard v. State: Prejudice Requirement for Ineffective Assistance in Admission of Non-Warranted Cell-Site Location Evidence

Date: May 29, 2025

Pollard v. State: Prejudice Requirement for Ineffective Assistance in Admission of Non-Warranted Cell-Site Location Evidence Introduction In Pollard v. State, 310 Ga. ___ (2025), the Supreme Court of...

Prejudice Requirement in Arbitration Vacatur: Influence on Outcome Standard

Date: May 29, 2025

Prejudice Requirement in Arbitration Vacatur: Influence on Outcome Standard Introduction This commentary examines the Supreme Court of Georgia’s decision in Docs of CT, LLC v. Biotek Services, LLC,...

Burden of Proof on Identity and Sufficiency of Circumstantial Evidence in Malice Murder Convictions

Date: May 29, 2025

Burden of Proof on Identity and Sufficiency of Circumstantial Evidence in Malice Murder Convictions Introduction Porter v. State, decided by the Supreme Court of Georgia on May 28, 2025, considered...

Clarification of Nexus Jury Instruction under Georgia’s Street Gang Act: Distinguishing Mandatory and Permissive Presumptions

Date: May 29, 2025

Clarification of Nexus Jury Instruction under Georgia’s Street Gang Act: Distinguishing Mandatory and Permissive Presumptions Introduction This commentary examines the Supreme Court of Georgia’s...

Glover v. State: Reinforcing Party-to-the-Crime Liability in Gunfight-Related Malice Murder under OCGA § 16-2-20

Date: May 29, 2025

Glover v. State: Reinforcing Party-to-the-Crime Liability in Gunfight-Related Malice Murder under OCGA § 16-2-20 Introduction In Glover v. State, decided May 28, 2025, the Supreme Court of Georgia...

Mandate of Pre-Election Challenges and the Prudential “Dispatch” Doctrine in Georgia Election Contests

Date: May 29, 2025

Mandate of Pre-Election Challenges and the Prudential “Dispatch” Doctrine in Georgia Election Contests Introduction This commentary examines the Supreme Court of Georgia’s decision in Dean v. State...

Limiting Plain Error Review for Omitted Defense of Habitation Jury Instructions

Date: May 29, 2025

Limiting Plain Error Review for Omitted Defense of Habitation Jury Instructions Introduction Craft v. State, decided May 28, 2025, by the Supreme Court of Georgia, addresses the scope of plain error...

Suspension as Presumptive Sanction for Public Officials’ Misuse of Public Funds under GRPC 8.4(a)(3) & (4)

Date: May 29, 2025

Suspension as Presumptive Sanction for Public Officials’ Misuse of Public Funds under GRPC 8.4(a)(3) & (4) Introduction This commentary examines the Supreme Court of Georgia’s decision in In the...

Clarification of “Knowingly” Under GRPC and Disbarment for Intentional Evidence Alteration

Date: May 29, 2025

Clarification of “Knowingly” Under GRPC and Disbarment for Intentional Evidence Alteration Introduction In In the Matter of Johnbull Okechukwu Nwosu, 318 Ga. 600 (May 28, 2025), the Supreme Court of...

Employment-Based Juror Strikes as Race-Neutral and Expert Funding Specificity: French v. State

Date: May 29, 2025

Employment-Based Juror Strikes as Race-Neutral and Expert Funding Specificity: French v. State Introduction This commentary examines the landmark decision in French v. State, decided May 28, 2025, by...

Deliberate Revenge and Malice Murder: Interval Rule Clarified in Weston v. State

Date: May 14, 2025

Deliberate Revenge and Malice Murder: Interval Rule Clarified in Weston v. State 1. Introduction Weston v. State, decided by the Supreme Court of Georgia on May 13, 2025, addresses two central...

Limits on Ineffective-Assistance Claims: Strategic DNA Expert Use & Booking-Question Exception in McIver v. State

Date: May 14, 2025

Limits on Ineffective-Assistance Claims: Strategic DNA Expert Use & Booking-Question Exception in McIver v. State Introduction McIver v. State, decided May 13, 2025 by the Supreme Court of Georgia,...

Establishing Party Liability and Evidentiary Standards in Felony Murder and Conspiracy: Dougherty v. State (2025)

Date: May 14, 2025

Establishing Party Liability and Evidentiary Standards in Felony Murder and Conspiracy: Dougherty v. State (2025) Introduction Dougherty v. State is a landmark decision from the Supreme Court of...

Reaffirmation of Reasonable-Care Standard Over “Judgmental Immunity” in Georgia Legal Malpractice Claims

Date: May 14, 2025

Reaffirmation of Reasonable-Care Standard Over “Judgmental Immunity” in Georgia Legal Malpractice Claims Introduction This commentary examines the Supreme Court of Georgia’s decision in Cox-Ott v....

Respondeat Superior Liability of Supervising Physicians for Medical Students’ Negligence

Date: May 14, 2025

Respondeat Superior Liability of Supervising Physicians for Medical Students’ Negligence Introduction In Statham v. Quang (S24G0842), decided May 13, 2025 by the Supreme Court of Georgia, the Court...

Establishing Finality in Habeas Corpus Review: Requirement for Demonstrating a Final Judgment Before Granting Relief

Date: May 14, 2025

Establishing Finality in Habeas Corpus Review: Requirement for Demonstrating a Final Judgment Before Granting Relief Introduction Case Name: Joseph, Warden v. Ingram (and Vice Versa) Court: Supreme...

Recorded Deed Insufficient Alone to Establish Constructive Possession for Adverse Possession Under Color of Title

Date: May 14, 2025

Recorded Deed Insufficient Alone to Establish Constructive Possession for Adverse Possession Under Color of Title Introduction This commentary examines the Supreme Court of Georgia’s decision in...

Admissibility and Sufficiency of Circumstantial and Expert Evidence under Daubert: Arnold v. State

Date: May 7, 2025

Admissibility and Sufficiency of Circumstantial and Expert Evidence under Daubert: Arnold v. State Introduction The Supreme Court of Georgia’s decision in Arnold v. State, S25A0263 (May 6, 2025),...