Georgia Case Commentaries

Jurisdictional Continuity under OCGA § 17-7-50.1: Superior Court Retains Authority Despite Delayed Reindictment

Date: Apr 9, 2025

Jurisdictional Continuity under OCGA § 17-7-50.1: Superior Court Retains Authority Despite Delayed Reindictment Introduction Cooper v. State, decided April 8, 2025, by the Supreme Court of Georgia,...

Accomplice Designation as Judicial Commentary on Guilt Violates OCGA §17-8-57 in State v. Cleveland

Date: Apr 9, 2025

Accomplice Designation as Judicial Commentary on Guilt Violates OCGA §17-8-57 Introduction State v. Cleveland, decided April 8, 2025 by the Supreme Court of Georgia, concerns two...

State v. Brantley (2025): No Reasonable Expectation of Privacy in Recorded Jail Calls & Rational-Basis Equal Protection

Date: Apr 9, 2025

State v. Brantley (2025): No Reasonable Expectation of Privacy in Recorded Jail Calls & Rational-Basis Equal Protection Introduction In State v. Brantley, 311 Ga. 1 (2025), the Supreme Court of...

No Ineffective Assistance Without Nonfrivolous Appeal or Serious Provocation: Pinckney v. State

Date: Apr 9, 2025

No Ineffective Assistance Without Nonfrivolous Appeal or Serious Provocation: Pinckney v. State Introduction In Pinckney v. State, S25A0267 (Ga. Apr. 8, 2025), the Supreme Court of Georgia addressed...

New Precedent on Blood Test Evidence in DUI Cases: Constitutional Protections and Exclusionary Considerations

Date: Mar 20, 2025

New Precedent on Blood Test Evidence in DUI Cases: Constitutional Protections and Exclusionary Considerations Introduction The Supreme Court of Georgia’s decision in THE STATE v. DIAS establishes...

State v. Dias: Elliott’s Self-Incrimination Bar Is Limited to Breath Tests; Blood-Test Refusal Admissibility Remains Open Pending Proper Ruling

Date: Mar 14, 2025

State v. Dias: Elliott’s Self-Incrimination Bar Is Limited to Breath Tests; Blood-Test Refusal Admissibility Remains Open Pending Proper Ruling 1. Introduction Case: The State v. Dias (Supreme Court...

Implied Consent Reaffirmed: Voluntary Consent and Evidence Admissibility in DUI Cases

Date: Mar 9, 2025

Implied Consent Reaffirmed: Voluntary Consent and Evidence Admissibility in DUI Cases Introduction The case of La Anyane v. The State brings to the fore a fundamental question regarding the...

Direct Evidence Prevails: Clarifying Accomplice Testimony and Circumstantial Evidence in Felony Cases

Date: Mar 9, 2025

Direct Evidence Prevails: Clarifying Accomplice Testimony and Circumstantial Evidence in Felony Cases Introduction The case of Dillard v. The State before the Supreme Court of Georgia addresses...

New Precedent on Cumulative Evidence and Waiver of Mistrial Rights in Homicide Cases: The Collins v. The State Decision

Date: Mar 9, 2025

New Precedent on Cumulative Evidence and Waiver of Mistrial Rights in Homicide Cases: The Collins v. The State Decision Introduction The Supreme Court of Georgia’s decision in Collins v. The State...

Clarifying the Justification Defense in Felon-in-Possession Cases: The Need for Tailored Jury Instructions in Hill v. The State

Date: Mar 9, 2025

Clarifying the Justification Defense in Felon-in-Possession Cases: The Need for Tailored Jury Instructions in Hill v. The State Introduction The Supreme Court of Georgia’s decision in Hill v. The...

Clarifying "Bad Faith" in Claims for Litigation Expenses under OCGA § 13-6-11

Date: Mar 9, 2025

Clarifying "Bad Faith" in Claims for Litigation Expenses under OCGA § 13-6-11 Introduction In the recent decision of the Supreme Court of Georgia in LOVE v. MCKNIGHT, the Court revisited and...

Reaffirming the Relevance of Extrinsic Evidence in Establishing Criminal Intent under OCGA § 16-6-5

Date: Mar 9, 2025

Reaffirming the Relevance of Extrinsic Evidence in Establishing Criminal Intent under OCGA § 16-6-5 Introduction The case of THE STATE v. GREEN brought before the Supreme Court of Georgia has...

New Precedent: Affirming Discretion in Investigator Sequestration and Defendant Autonomy in Defense Strategy

Date: Mar 9, 2025

New Precedent: Affirming Discretion in Investigator Sequestration and Defendant Autonomy in Defense Strategy Introduction In the case of RILEY v. THE STATE, the Supreme Court of Georgia examined...

Defining the Limits of the Habitation Defense in Ineffective Assistance of Counsel Claims

Date: Mar 9, 2025

Defining the Limits of the Habitation Defense in Ineffective Assistance of Counsel Claims Introduction The Supreme Court of Georgia’s decision in NESBIT v. THE STATE establishes an important...

New Legal Precedent in Disciplinary Sanctions for Client Abandonment: The Dell Jackson Decision

Date: Mar 9, 2025

New Legal Precedent in Disciplinary Sanctions for Client Abandonment: The Dell Jackson Decision Introduction The recent judgment in the matter of Dell Jackson, delivered by the Supreme Court of...

Clarifying Waiver Standards and Evidence Sufficiency: An In-Depth Analysis of BYRD v. THE STATE

Date: Mar 9, 2025

Clarifying Waiver Standards and Evidence Sufficiency: An In-Depth Analysis of BYRD v. THE STATE Introduction In the landmark case BYRD v. THE STATE, decided by the Supreme Court of Georgia on March...

Affirming Reasonable Defense Strategy: Effective Counsel & Prejudice in Self-Defense Cases

Date: Mar 9, 2025

Affirming Reasonable Defense Strategy: Effective Counsel & Prejudice in Self-Defense Cases Introduction The case of RYALS v. THE STATE before the Supreme Court of Georgia, decided on March 4, 2025,...

The Evidentiary Threshold for Accomplice-Corroboration in Georgia Felony Cases: Insights from Pindling v. The State

Date: Mar 9, 2025

The Evidentiary Threshold for Accomplice-Corroboration in Georgia Felony Cases: Insights from Pindling v. The State Introduction The case of Pindling v. The State represents a significant moment in...

New Precedent on Accomplice Testimony and Directed Verdict Standards in Felony Cases

Date: Mar 9, 2025

New Precedent on Accomplice Testimony and Directed Verdict Standards in Felony Cases Introduction The judgment in BERRY v. THE STATE rendered by the Supreme Court of Georgia on March 4, 2025,...

Curing Naming Defects in Sovereign Immunity Waiver Actions: A Landmark Procedural Interpretation

Date: Mar 9, 2025

Curing Naming Defects in Sovereign Immunity Waiver Actions: A Landmark Procedural Interpretation Introduction The recent Supreme Court of Georgia decision in Warbler Investments, LLC v. City of...