Georgia Case Commentaries

Smith v. State — Rule 403 Admissibility of Body-Camera CPR Footage When It Documents Scene Manipulation and Evidence Discovery

Date: Jul 4, 2026

Rule 403 Admissibility of Body-Camera CPR Footage When It Documents Scene Manipulation and Evidence Discovery Introduction In Smith v. State (Ga. June 30, 2026), the Supreme Court of Georgia affirmed...

Within-Term Rescission of a Transcript-Delay New-Trial Order by a Successor Judge; Appellate-Delay Relief Requires Actual Prejudice (Mosley v. State)

Date: Jul 4, 2026

Within-Term Rescission of a Transcript-Delay New-Trial Order by a Successor Judge; Appellate-Delay Relief Requires Actual Prejudice I. Introduction In Mosley v. State (Ga. June 30, 2026), Shawn...

Owens v. State: Affirmance of Child-Abuse Malice Murder Based on Party-to-a-Crime Proof and Appellate Restraint in Correcting Merger Error Benefiting Defendant

Date: Jul 4, 2026

Owens v. State: Affirmance of Child-Abuse Malice Murder Based on Party-to-a-Crime Proof and Appellate Restraint in Correcting Merger Error Benefiting Defendant Court: Supreme Court of Georgia | Date:...

Brown v. State (Ga. 2026): Manual Strangulation Evidence Forecloses Accident & Involuntary Manslaughter Charges Absent “Slight Evidence” of Unintentional Killing

Date: Jul 4, 2026

Manual Strangulation Evidence Forecloses Accident & Involuntary Manslaughter Charges Absent “Slight Evidence” of Unintentional Killing 1. Introduction In Brown v. State, No. S26A0577 (Ga. June 30,...

Attempted Hijacking Sentenced Under the Hijacking Statute (Not General Attempt): Waiver, Plain-Error Limits, and Non-Structural Voir Dire Oath Deviations

Date: Jul 4, 2026

Attempted Hijacking Sentenced Under the Hijacking Statute (Not General Attempt): Waiver, Plain-Error Limits, and Non-Structural Voir Dire Oath Deviations 1. Introduction In COLLINS v. THE STATE (Two...

Felony Murder Causation in Georgia: Victim’s Responsive Gunfire Is Foreseeable and “In the Commission of” May Persist Despite Retreat

Date: Jul 4, 2026

Felony Murder Causation in Georgia: Victim’s Responsive Gunfire Is Foreseeable and “In the Commission of” May Persist Despite Retreat Case: BELL v. THE STATE (Two Cases) (No. S26A0188; No. S26A0483)...

Third-Degree Child Cruelty May Be Proved by Inference from a Child’s Presence and Awareness During a Forcible Felony; OCGA § 24-14-6 Does Not Apply Where Direct Eyewitness Evidence Exists

Date: Jul 4, 2026

Third-Degree Child Cruelty May Be Proved by Inference from a Child’s Presence and Awareness During a Forcible Felony; OCGA § 24-14-6 Does Not Apply Where Direct Eyewitness Evidence Exists 1....

Georgia RICO Reaches Racketeering Alleged in Domestic Disputes; Absurdity Doctrine Cannot Override Plain Text

Date: Jul 4, 2026

Georgia RICO Reaches Racketeering Alleged in Domestic Disputes; Absurdity Doctrine Cannot Override Plain Text 1. Introduction Warner v. Espitia (Supreme Court of Georgia, June 30, 2026) arises from...

Aggravated Stalking Indictments Must Allege the “Place or Places” Element (Including Its Statutory Definition Excluding Defendant’s Residence)

Date: Jul 4, 2026

Aggravated Stalking Indictments Must Allege the “Place or Places” Element (Including Its Statutory Definition Excluding Defendant’s Residence) Case: Walker v. State (Supreme Court of Georgia, June...

“Shall Appoint” Still Means Discretion: Mandamus Cannot Compel a County Commission to Seat Party-Nominated Election Board Members Absent Gross Abuse

Date: Jun 17, 2026

“Shall Appoint” Still Means Discretion: Mandamus Cannot Compel a County Commission to Seat Party-Nominated Election Board Members Absent Gross Abuse 1. Introduction These companion appeals—Fulton...

Forum Non Conveniens in Georgia: Comparative Factor Analysis Required; Plaintiff’s Forum Choice Cannot Eclipse Statutory Factors

Date: Jun 17, 2026

Forum Non Conveniens in Georgia: Comparative Factor Analysis Required; Plaintiff’s Forum Choice Cannot Eclipse Statutory Factors Case: SIGNAL MACHINE COMPANY, INC. et al. v. FRIENDLY-ABLE et al....

Rease v. State: Unobjected Prosecutorial Opening/Closing Argument Is Waived (No Plain-Error Review) and DNA Frequency Testimony Is Proper When Tied to the Evidence Profile

Date: Jun 17, 2026

Rease v. State: Unobjected Prosecutorial Opening/Closing Argument Is Waived (No Plain-Error Review) and DNA Frequency Testimony Is Proper When Tied to the Evidence Profile 1. Introduction In Rease v....

McDaniel v. State — Ambiguous Miranda Invocations and Rule-of-Completeness Objections Require Clarity (and Harm)

Date: Jun 17, 2026

McDaniel v. State: Continued Talking Can Render Miranda “Invocations” Equivocal; Rule-of-Completeness Claims Fail Absent a Definitive Ruling and a Showing of Harm 1. Introduction In McDaniel v. State...

Noncompliant Statutory Speedy-Trial Demand Must Be Considered Under Barker’s “Assertion” Factor; Trial Courts Must Separately Weigh “Uncommonly Long” Delay

Date: Jun 17, 2026

Noncompliant Statutory Speedy-Trial Demand Must Be Considered Under Barker’s “Assertion” Factor; Trial Courts Must Separately Weigh “Uncommonly Long” Delay 1. Introduction Price v. State (Supreme...

Disbarment for Defaulted Misconduct Featuring Client Abandonment and Fabricated Court Filings (Rules 8.4(a)(4) and 8.1(a))

Date: Jun 17, 2026

Disbarment for Defaulted Misconduct Featuring Client Abandonment and Fabricated Court Filings (Rules 8.4(a)(4) and 8.1(a)) 1. Introduction In the Matter of Mylee McKinney (Supreme Court of Georgia,...

State v. Brantley: Prior Sexual Assault Evidence as Intrinsic “Motive/Story” Evidence; Rule 403 Exclusion Is Extraordinary and Disfavored

Date: Jun 17, 2026

State v. Brantley: Prior Sexual Assault Evidence as Intrinsic “Motive/Story” Evidence; Rule 403 Exclusion Is Extraordinary and Disfavored 1. Introduction In State v. Brantley (Supreme Court of...

OCGA § 51-13-1(b) Damages Cap Cannot Be Partially Applied Where a Verdict Includes Nestlehutt-Protected Noneconomic Damages

Date: Jun 17, 2026

OCGA § 51-13-1(b) Damages Cap Cannot Be Partially Applied Where a Verdict Includes Nestlehutt-Protected Noneconomic Damages 1. Introduction CLARK v. LEIGH (And Vice Versa) is a consolidated appeal...

OCGA § 51-13-1 Cannot Be Applied Piecemeal When a Medical-Malpractice Verdict Includes Nestlehutt-Protected Noneconomic Damages

Date: Jun 17, 2026

OCGA § 51-13-1 Cannot Be Applied Piecemeal When a Medical-Malpractice Verdict Includes Nestlehutt-Protected Noneconomic Damages I. Introduction CAYAMCELA v. ADVOCACY TRUST, LLC (Two Cases)...

McCoy v. State: Deference to Trial-Court Credibility (Including Implicit Findings) in OCGA § 16-3-24.2 Immunity Rulings

Date: Jun 16, 2026

McCoy v. State: Deference to Trial-Court Credibility (Including Implicit Findings) in OCGA § 16-3-24.2 Immunity Rulings 1. Introduction In McCoy v. State (Supreme Court of Georgia, June 16, 2026),...

Piercefield v. State — No Automatic For-Cause Removal of Magistrate Court Employees Absent Proof of Fixed Bias

Date: Jun 16, 2026

No Automatic For-Cause Removal of Magistrate Court Employees Absent Proof of Fixed Bias (Piercefield v. State) 1. Introduction In Piercefield v. State (Supreme Court of Georgia, June 16, 2026),...