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  • Commentaries
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Georgia Case Commentaries

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

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)

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

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

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

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

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

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),...
Limitation on Waiver of Probation Revocation Hearings: Due Process Requirement under OCGA § 42-8-34.1(b)

Limitation on Waiver of Probation Revocation Hearings: Due Process Requirement under OCGA § 42-8-34.1(b)

Date: May 7, 2025
Limitation on Waiver of Probation Revocation Hearings: Due Process Requirement under OCGA § 42-8-34.1(b) Introduction In Greathouse v. The State (Court of Appeals of Georgia, November 18, 2024), Jody...
As-Applied Vagueness Limits on Criminalizing Presence at Secure Facilities

As-Applied Vagueness Limits on Criminalizing Presence at Secure Facilities

Date: May 7, 2025
As-Applied Vagueness Limits on Criminalizing Presence at Secure Facilities Introduction This commentary examines the Georgia Supreme Court’s decision in Metz v. State (May 6, 2025), which upholds the...
Preservation of Suppression Objections and Strickland Prejudice in Carrillo v. State

Preservation of Suppression Objections and Strickland Prejudice in Carrillo v. State

Date: May 7, 2025
Preservation of Suppression Objections and Strickland Prejudice in Carrillo v. State Introduction The Supreme Court of Georgia’s decision in Carrillo v. State, decided May 6, 2025, reaffirms two...
OCGA § 15-11-32 Precludes Setting Aside Juvenile Termination Orders for Post-Judgment Counsel Mistakes

OCGA § 15-11-32 Precludes Setting Aside Juvenile Termination Orders for Post-Judgment Counsel Mistakes

Date: May 7, 2025
OCGA § 15-11-32 Precludes Setting Aside Juvenile Termination Orders for Post-Judgment Counsel Mistakes Introduction This case arises from the Court of Appeals of Georgia’s review of a juvenile...
Clarifying Exceptions to Autopsy Photograph Exemption under Georgia’s Open Records Act

Clarifying Exceptions to Autopsy Photograph Exemption under Georgia’s Open Records Act

Date: May 7, 2025
Clarifying Exceptions to Autopsy Photograph Exemption under Georgia’s Open Records Act Introduction In Wallace v. State, 345 Ga. ___ (2025), the Supreme Court of Georgia addressed whether autopsy...
Routh v. State: Trial Court Discretion in Limiting Cross-Examination and Lay Opinion Testimony

Routh v. State: Trial Court Discretion in Limiting Cross-Examination and Lay Opinion Testimony

Date: May 7, 2025
Routh v. State: Trial Court Discretion in Limiting Cross-Examination and Lay Opinion Testimony Introduction Routh v. State, decided by the Supreme Court of Georgia on May 6, 2025, clarifies the scope...
Voluntary Surrender of Bar License Equates to Disbarment and Limits on Court-Imposed Conditions

Voluntary Surrender of Bar License Equates to Disbarment and Limits on Court-Imposed Conditions

Date: May 7, 2025
Voluntary Surrender of Bar License Equates to Disbarment and Limits on Court-Imposed Conditions Introduction This case arises from the Supreme Court of Georgia’s decision on the petition of Stephen...
Reinforcing the Barker-Doggett Framework: Proper Application of Speedy-Trial Factors in Georgia

Reinforcing the Barker-Doggett Framework: Proper Application of Speedy-Trial Factors in Georgia

Date: May 7, 2025
Reinforcing the Barker-Doggett Framework: Proper Application of Speedy-Trial Factors in Georgia Introduction Nelson v. State, decided May 6, 2025 by the Supreme Court of Georgia, concerns appellant...
Johnson v. State: Discretion to Reopen Evidence Post-Deliberation and Counsel-Guided Testimony Decisions

Johnson v. State: Discretion to Reopen Evidence Post-Deliberation and Counsel-Guided Testimony Decisions

Date: May 7, 2025
Johnson v. State: Discretion to Reopen Evidence Post-Deliberation and Counsel-Guided Testimony Decisions Introduction In Johnson v. State, 307 Ga. 109 (2025), the Supreme Court of Georgia confronted...
Admissibility of Gang Affiliation Evidence as Motive and Harmless Omission of Lesser-Included Offense Jury Instructions

Admissibility of Gang Affiliation Evidence as Motive and Harmless Omission of Lesser-Included Offense Jury Instructions

Date: May 7, 2025
Admissibility of Gang Affiliation Evidence as Motive and Harmless Omission of Lesser-Included Offense Jury Instructions Introduction Johnson v. State is a 2025 decision of the Supreme Court of...
Reinforcement of Supersedeas Doctrine: Jurisdictional Effect of Defective Notices of Appeal in Patterson v. State

Reinforcement of Supersedeas Doctrine: Jurisdictional Effect of Defective Notices of Appeal in Patterson v. State

Date: May 7, 2025
Reinforcement of Supersedeas Doctrine: Jurisdictional Effect of Defective Notices of Appeal in Patterson v. State Introduction Patterson v. State, decided by the Supreme Court of Georgia on May 6,...
Raising a Reasonable Inference: Standards for Third-Party Perpetrator Evidence and Harmless-Error Review in Morgan v. State

Raising a Reasonable Inference: Standards for Third-Party Perpetrator Evidence and Harmless-Error Review in Morgan v. State

Date: May 7, 2025
Raising a Reasonable Inference: Standards for Third-Party Perpetrator Evidence and Harmless-Error Review in Morgan v. State Introduction This commentary examines the Supreme Court of Georgia’s...
No Right to Original Trial Judge as “Thirteenth Juror” on General-Grounds New Trial Motions

No Right to Original Trial Judge as “Thirteenth Juror” on General-Grounds New Trial Motions

Date: May 7, 2025
No Right to Original Trial Judge as “Thirteenth Juror” on General-Grounds New Trial Motions Introduction In Jones v. State, Supreme Court of Georgia, decided May 6, 2025, the Court clarified that a...
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