Georgia Case Commentaries

Allen v. State (Ga. 2026): Prepared Co-Counsel May Complete Trial Without Violating the Sixth Amendment; Drug-Use Motive Evidence Admissible Under the Old Evidence Code

Date: Aug 14, 2026

Prepared Co-Counsel May Complete Trial Without Violating the Sixth Amendment; Drug-Use Motive Evidence Admissible Under the Old Evidence Code Introduction In Allen v. State (Supreme Court of Georgia,...

Browne v. State — “Prima Facie Case” Language in Jury Charges Is Clear Error but Assessed for Harm Under Whole-Charge Review

Date: Aug 14, 2026

“Prima Facie Case” Language in Jury Charges Is Clear Error but Assessed for Harm Under Whole-Charge Review 1. Introduction Browne v. State (Supreme Court of Georgia, Aug. 13, 2026) affirmed Theodore...

Appellate-Delay Due Process in Georgia: “Actual Prejudice” Required; Loss of Trial File Alone Is Insufficient

Date: Aug 14, 2026

Appellate-Delay Due Process in Georgia: “Actual Prejudice” Required; Loss of Trial File Alone Is Insufficient Case: Kelly v. State (Supreme Court of Georgia, Aug. 13, 2026) Posture: Appeal from...

No Strickland Prejudice from Omitted Justification Charge When Evidence of Intentional Killing Is Overwhelming

Date: Aug 14, 2026

No Strickland Prejudice from Omitted Justification Charge When Evidence of Intentional Killing Is Overwhelming 1. Introduction In Lafargue v. State (Supreme Court of Georgia, Aug. 13, 2026), Ricky...

Proof-of-Restitution as a Prerequisite to Readmission After Default Disbarment for Knowing Abandonment and Patterned Neglect

Date: Aug 13, 2026

Proof-of-Restitution as a Prerequisite to Readmission After Default Disbarment for Knowing Abandonment and Patterned Neglect 1. Introduction In the Matter of Mandi Deyerle McDonough (Supreme Court of...

Unsupported Mental-Health Mitigation Will Not Reduce Discipline, But May Support Conditional Reinstatement After Client Abandonment

Date: Aug 13, 2026

Unsupported Mental-Health Mitigation Will Not Reduce Discipline, But May Support Conditional Reinstatement After Client Abandonment Case: In the Matter of Ramon David Sammons, Jr. (Supreme Court of...

Drug Dealer Liability Act Claims Seeking Personal-Injury Damages Are Governed by OCGA § 9-3-33’s Two-Year Limitation Period

Date: Aug 13, 2026

Drug Dealer Liability Act Claims Seeking Personal-Injury Damages Are Governed by OCGA § 9-3-33’s Two-Year Limitation Period Introduction In McKesson Corporation v. Bolton et al., the Court of Appeals...

OCGA § 9-11-68 Fee Motions Must Be Filed Within the Same Term as Judgment Absent a Statutory Deadline

Date: Aug 13, 2026

OCGA § 9-11-68 Fee Motions Must Be Filed Within the Same Term as Judgment Absent a Statutory Deadline Introduction In Nesmith v. Branch (A25A1575, decided January 14, 2026), the Court of Appeals of...

Default Admissions in Georgia Lawyer Discipline: Disbarment for Multi-Client Neglect, Misrepresentation, and Noncooperation

Date: Aug 12, 2026

Default Admissions in Georgia Lawyer Discipline: Disbarment for Multi-Client Neglect, Misrepresentation, and Noncooperation 1. Introduction In the Matter of Kerry Eston Hand (Supreme Court of...

Approved Ethics Rule: Third-Party Vendors May Pursue Nonparty Document Production Only Under Lawyer Supervision and Independent Professional Judgment

Date: Aug 12, 2026

Approved Ethics Rule: Third-Party Vendors May Pursue Nonparty Document Production Only Under Lawyer Supervision and Independent Professional Judgment 1. Introduction In In Re: Formal Advisory Opinion...

Recreational Property Act Immunity Depends on the Landowner’s General Invitation, Not the Plaintiff’s Moment-of-Injury Activity

Date: Aug 12, 2026

Recreational Property Act Immunity Depends on the Landowner’s General Invitation, Not the Plaintiff’s Moment-of-Injury Activity I. Introduction McLamb v. Mayor and Aldermen of the City of Savannah...

Goodell v. Moulton: Pavesich Balancing (Not Strict Scrutiny) Governs Georgia Constitutional Medical-Privacy Objections to Civil Discovery

Date: Aug 12, 2026

Goodell v. Moulton: Pavesich Balancing (Not Strict Scrutiny) Governs Georgia Constitutional Medical-Privacy Objections to Civil Discovery Court: Supreme Court of Georgia | Date: August 11, 2026 |...

Civil Jury Selection in Georgia: A Party’s Right to a 24-Person Panel of “Competent and Impartial” Jurors Is Violated (and Presumptively Harmed) When an Insurance-Defense Attorney for the Defendant’s Insurer Is Not Struck for Cause

Date: Aug 12, 2026

Civil Jury Selection in Georgia: A Party’s Right to a 24-Person Panel of “Competent and Impartial” Jurors Is Violated (and Presumptively Harmed) When an Insurance-Defense Attorney for the Defendant’s...

Civil Appeals in Georgia: A Pro Se Notice of Appeal Filed While Counsel Remains of Record Is a Nullity and Cannot Confer Appellate Jurisdiction

Date: Aug 12, 2026

Civil Appeals in Georgia: A Pro Se Notice of Appeal Filed While Counsel Remains of Record Is a Nullity and Cannot Confer Appellate Jurisdiction 1. Introduction Muhammad et al. v. Clayton County et...

Georgia Trial Courts May Strike a Defendant’s Answer for Willful Motions-in-Limine Violations Under OCGA § 15-1-3

Date: Jul 18, 2026

Georgia Trial Courts May Strike a Defendant’s Answer for Willful Motions-in-Limine Violations Under OCGA § 15-1-3 1. Introduction This Court of Appeals of Georgia decision (Fifth Division) arises...

OCGA § 44-7-14 Exclusivity for Tenant-Possessed Areas: Mischarging OCGA § 51-3-1 Requires Vacatur and Full Retrial

Date: Jul 18, 2026

OCGA § 44-7-14 Exclusivity for Tenant-Possessed Areas: Mischarging OCGA § 51-3-1 Requires Vacatur and Full Retrial 1. Introduction Venetian Hills Apartments, LLC v. Hughes is a wrongful-death...

State v. Ovalle: “In the Commission of” Felony Murder Turns on the Defendant’s Causative Conduct, Not the Victim’s Post-Felony Acts

Date: Jul 4, 2026

State v. Ovalle: “In the Commission of” Felony Murder Turns on the Defendant’s Causative Conduct, Not the Victim’s Post-Felony Acts 1. Introduction In State v. Ovalle (Supreme Court of Georgia, June...

State v. Postell: Self-Defense Admissibility of Victim-Violence Evidence Under Georgia’s Current Evidence Code

Date: Jul 4, 2026

State v. Postell (Ga. June 30, 2026): In Self-Defense Cases, Victim’s Violent Reputation/Opinion and Defendant-Known Specific Violent Acts Are Admissible; Categorical “Character Evidence” Exclusion...

Georgia Adopts a “Serious Doubts/Obvious Reasons to Doubt” Test for Franks Recklessness (Including Material Omissions) in Search-Warrant Challenges

Date: Jul 4, 2026

Georgia Adopts a “Serious Doubts/Obvious Reasons to Doubt” Test for Franks Recklessness (Including Material Omissions) in Search-Warrant Challenges 1. Introduction Miller v. State (Supreme Court of...

Double Jeopardy Bar Applies When Prosecutor Intentionally “Goads” a Defense Mistrial to Gain a Tactical Retrial Advantage

Date: Jul 4, 2026

Double Jeopardy Bar Applies When Prosecutor Intentionally “Goads” a Defense Mistrial to Gain a Tactical Retrial Advantage 1. Introduction State v. Cullins (Supreme Court of Georgia, June 30, 2026)...