Georgia Case Commentaries

REINFORCING THE RIGHT AGAINST COMPELLED SELF-INCRIMINATION: GEORGIA SUPREME COURT UPHOLDS CONSTITUTIONAL PROTECTIONS IN DUI BREATH TEST REFUSAL

Date: Feb 19, 2019

Reinforcing the Right Against Compelled Self-Incrimination: Georgia Supreme Court Upholds Constitutional Protections in DUI Breath Test Refusal Introduction In the landmark case of Elliott v. The...

Georgia Supreme Court Sets New Precedents on Verdict Merging and Juror Selection Standards in Willis v. The State

Date: Oct 23, 2018

Georgia Supreme Court Sets New Precedents on Verdict Merging and Juror Selection Standards in Willis v. The State Introduction In the landmark case Willis v. The State (304 Ga. 686, 2018), the...

KIRBY v. THE STATE: Affirmation of Malice Murder Conviction and Evidentiary Standards

Date: Sep 25, 2018

KIRBY v. THE STATE: Affirmation of Malice Murder Conviction and Evidentiary Standards Introduction The case of KIRBY v. THE STATE (304 Ga. 472) revolves around the conviction of Phillip Scott Kirby,...

Affirmation of Malice Murder Conviction and Standards for Evidentiary Admissibility in BOZZIE v. STATE

Date: Dec 12, 2017

Affirmation of Malice Murder Conviction and Standards for Evidentiary Admissibility in BOZZIE v. STATE Introduction Bozzie v. The State is a pivotal case adjudicated by the Supreme Court of Georgia...

Ensuring Fair Trials: Precedents on Prosecutorial and Juror Misconduct from Dixon v. The State

Date: Dec 12, 2017

Ensuring Fair Trials: Precedents on Prosecutorial and Juror Misconduct from Dixon v. The State Introduction The case of Dixon v. The State, Camps v. The State, adjudicated by the Supreme Court of...

Georgia Supreme Court Establishes Strict Timelines for Reforming Divorce Decrees in Lockamy v. Lockamy

Date: Sep 14, 2017

Georgia Supreme Court Establishes Strict Timelines for Reforming Divorce Decrees in Lockamy v. Lockamy Introduction Lockamy v. Lockamy, 805 S.E.2d 5 (Ga. 2017), adjudicated by the Supreme Court of...

Supreme Court Establishes Uniform Appeal Process for Quasi-Judicial Zoning Decisions in City of Cumming v. Flowers et al.

Date: Mar 7, 2017

Supreme Court Establishes Uniform Appeal Process for Quasi-Judicial Zoning Decisions in City of Cumming et al. v. Flowers et al. / Kerley Family Homes LLC et al. Introduction The case of City of...

Mosby v. The State: Affirmation of Self-Defense Rejection and Effective Counsel Standards

Date: Jan 24, 2017

Mosby v. The State: Affirmation of Self-Defense Rejection and Effective Counsel Standards Introduction Mosby v. The State, 300 Ga. 450 (2017), presented a pivotal case adjudicated by the Supreme...

Strict Compliance Required for Foreclosure of Redemption Rights Under OCGA §48-4-45(a): Reliance Equities, LLC v. Lanier 5, LLC

Date: Nov 1, 2016

Strict Compliance Required for Foreclosure of Redemption Rights Under OCGA §48-4-45(a): Reliance Equities, LLC v. Lanier 5, LLC Introduction In the landmark case of Reliance Equities, LLC v. Lanier...

High Threshold for Ineffective Assistance of Counsel Claims Upheld: LANE v. The STATE

Date: Oct 18, 2016

High Threshold for Ineffective Assistance of Counsel Claims Upheld: LANE v. The STATE Introduction Lane v. The State is a significant case adjudicated by the Supreme Court of Georgia on October 17,...

OlDS v. The State: Clarifying the Application of OCGA §24–4–404(b) in Admitting Evidence of Prior Acts

Date: May 24, 2016

OlDS v. The State: Clarifying the Application of OCGA §24–4–404(b) in Admitting Evidence of Prior Acts Introduction In OlDS v. The State, the Supreme Court of Georgia addressed the admissibility of...

Gates v. The State: Admissibility of Non-Hearsay Evidence and Plain Error Standards under Georgia's Evidence Code

Date: Jan 20, 2016

Gates v. The State: Admissibility of Non-Hearsay Evidence and Plain Error Standards under Georgia's Evidence Code Introduction Gates v. The State is a pivotal case adjudicated by the Supreme Court of...

Metro Atlanta Task Force for the Homeless, Inc. v. Ichthus Community Trust et al.: Comprehensive Legal Analysis

Date: Nov 24, 2015

Metro Atlanta Task Force for the Homeless, Inc. v. Ichthus Community Trust et al.: Comprehensive Legal Analysis Introduction The case of Metro Atlanta Task Force for the Homeless, Inc. v. Ichthus...

Martin v. The State: Upholding Sufficiency of Evidence and Ethical Counsel Disqualification in Capital Sentencing

Date: Nov 3, 2015

Martin v. The State: Upholding Sufficiency of Evidence and Ethical Counsel Disqualification in Capital Sentencing Introduction In Martin v. The State (298 Ga. 259), the Supreme Court of Georgia...

Admissibility of Prior DUI Convictions Under OCGA § 24–4–404(b): The State v. Jones

Date: Jun 2, 2015

Admissibility of Prior DUI Convictions Under OCGA § 24–4–404(b): The State v. Jones Introduction In the landmark case The State v. Jones, 773 S.E.2d 170 (Ga. 2015), the Supreme Court of Georgia...

Probable Cause Required for DUI Blood Tests in Serious Traffic Accidents

Date: Mar 17, 2015

Probable Cause Required for DUI Blood Tests in Serious Traffic Accidents Introduction HUGHES v. The STATE (770 S.E.2d 636) is a landmark decision by the Supreme Court of Georgia that reaffirmed the...

State Officer Immunity under the Georgia Tort Claims Act: Insights from Hartley v. Agnes Scott College

Date: Jun 17, 2014

State Officer Immunity under the Georgia Tort Claims Act: Insights from Hartley v. Agnes Scott College Introduction The case of Hartley v. Agnes Scott College et al., adjudicated by the Supreme Court...

Clarifying the Burden of Proof for Gross Negligence under OCGA §51–1–29.5(c) in Medical Malpractice Cases

Date: Mar 11, 2014

Clarifying the Burden of Proof for Gross Negligence under OCGA §51–1–29.5(c) in Medical Malpractice Cases Introduction The case of ABDEL–SAMED et al. v. DAILEY et al. (755 S.E.2d 805) adjudicated by...

Sovereign Immunity Bars Common Law Injunctive Relief Against the State: Georgia Supreme Court Overrules IBM v. Evans

Date: Feb 25, 2014

Sovereign Immunity Bars Common Law Injunctive Relief Against the State: Georgia Supreme Court Overrules IBM v. Evans Introduction In the landmark case Georgia Department of Natural Resources et al....

Deal v. Coleman: Upholding Retroactive Exceptions in Georgia's Open Records Act

Date: Nov 19, 2013

Deal v. Coleman: Upholding Retroactive Exceptions in Georgia's Open Records Act Introduction In Deal et al. v. Coleman et al., the Supreme Court of Georgia addressed a pivotal issue concerning the...