Georgia Case Commentaries

Aggravated Assault Forecloses “Unlawful-Act” Involuntary Manslaughter; Withdrawing a “Lawful-Act” Request Waives Plain-Error Review (Scott v. State)

Date: May 20, 2026

Aggravated Assault Forecloses “Unlawful-Act” Involuntary Manslaughter; Withdrawing a “Lawful-Act” Request Waives Plain-Error Review Case: Scott v. State, Supreme Court of Georgia (Decided May 19,...

Benson v. State — Waiver of Written Immunity-Order Complaint and Rule 403 Gatekeeping of Victim Prior-Acts Evidence

Date: May 20, 2026

Waiver of Written Immunity-Order Complaint and Rule 403 Limits on Victim Prior-Bad-Acts Evidence in Justification Litigation Case: Benson v. State (Supreme Court of Georgia, No. S26A0425) Date: May...

Kam v. State: Harmlessness of Assumed Unconstitutional Shackling Where Restraints Are Not Visible and No Trial Prejudice Is Shown

Date: May 20, 2026

Kam v. State: Harmlessness of Assumed Unconstitutional Shackling Where Restraints Are Not Visible and No Trial Prejudice Is Shown 1. Introduction In Kam v. State (Supreme Court of Georgia, May 19,...

Carridine v. State: Firing Appointed Counsel on the Morning of Trial Can Constitute a Knowing Faretta Waiver; Continuance to Seek Private Counsel Requires Reasonable Diligence

Date: May 20, 2026

Carridine v. State: Firing Appointed Counsel on the Morning of Trial Can Constitute a Knowing Faretta Waiver; Continuance to Seek Private Counsel Requires Reasonable Diligence 1. Introduction In...

Snow v. State: Domestic-Violence Residual Hearsay Admissibility with Short-Notice Rule 807 Disclosure, and Continuance Denials for Lack of Due Diligence

Date: May 20, 2026

Snow v. State: Domestic-Violence Residual Hearsay Admissibility with Short-Notice Rule 807 Disclosure, and Continuance Denials for Lack of Due Diligence 1. Introduction In Snow v. State (Supreme...

Haywood v. State: Batson Step-Two “Facial Validity” Controls (Including Demeanor/Eye-Contact Reasons), and Involuntary-Manslaughter Charge Error Is Moot/Harmless After a Malice-Murder Verdict

Date: May 20, 2026

Haywood v. State: Batson Step-Two “Facial Validity” Controls (Including Demeanor/Eye-Contact Reasons), and Involuntary-Manslaughter Charge Error Is Moot/Harmless After a Malice-Murder Verdict...

Disbarment for Knowingly False Statements in Disciplinary Matters (Rule 8.1(a))—Heightened Consequences for Repeat Infractions Under Bar Rule 4-103

Date: May 20, 2026

Disbarment for Knowingly False Statements in Disciplinary Matters (Rule 8.1(a))—Heightened Consequences for Repeat Infractions Under Bar Rule 4-103 1. Introduction In the Matter of Clifford E....

Peavy v. State: Clarifying Edge Non-Sequential Jury Practice, Rule 702 Relevance-First Exclusion, and the Narrow Scope of Repugnant Verdicts

Date: May 6, 2026

Peavy v. State: Clarifying Edge Non-Sequential Jury Practice, Rule 702 Relevance-First Exclusion, and the Narrow Scope of Repugnant Verdicts 1. Introduction In Peavy v. State (Supreme Court of...

Dickey v. State (Ga. 2026): No Remand for Sparse Suppression Orders; Juvenile Miranda Waiver Valid Despite Parent Absence and Brief Bathroom Delay

Date: May 6, 2026

Dickey v. State (Ga. 2026): No Remand for Sparse Suppression Orders; Juvenile Miranda Waiver Valid Despite Parent Absence and Brief Bathroom Delay Introduction In Dickey v. State (decided May 5,...

Municipal Sidewalk-Defect Liability Turns on Notice and Negligent Maintenance—not an “Affirmative Act” Requirement

Date: May 6, 2026

Municipal Sidewalk-Defect Liability Turns on Notice and Negligent Maintenance—not an “Affirmative Act” Requirement 1. Introduction Johnson v. City of Vidalia reached the Supreme Court of Georgia on a...

State v. Faison: Immunity Orders Must Identify and Apply a Specific OCGA § 16-3-20 Justification Ground

Date: May 6, 2026

State v. Faison: Immunity Orders Must Identify and Apply a Specific OCGA § 16-3-20 Justification Ground Introduction In State v. Faison (Supreme Court of Georgia, May 5, 2026), the State appealed an...

Hills v. State (Ga. 2026): No Voluntary Manslaughter Charge Without “Slight Evidence” of Passion-Provocation; Failure to Renew Jury-Charge Objection Triggers Plain-Error Review

Date: May 6, 2026

Hills v. State (Ga. 2026): No Voluntary Manslaughter Charge Without “Slight Evidence” of Passion-Provocation; Failure to Renew Jury-Charge Objection Triggers Plain-Error Review 1. Introduction In...

Payne v. State: Verifying AI-Generated Legal Citations—Sanctions, Suspension, and Vacatur for Fictitious or Misattributed Authority

Date: May 6, 2026

Payne v. State: Verifying AI-Generated Legal Citations—Sanctions, Suspension, and Vacatur for Fictitious or Misattributed Authority 1. Introduction In Payne v. State (Supreme Court of Georgia, May 5,...

Jackson v. State (Ga. 2026): Curative Instructions, Preservation, and the Post-2015 OCGA § 17-8-57 Regime

Date: May 6, 2026

Curative Instructions Can Remedy “Fact-at-Issue” Judicial Comments Under OCGA § 17-8-57 (Post-2015), and Mistrial Denials Must Be Renewed to Preserve Appellate Review 1. Introduction In Jackson v....

Slight Evidence Supports a Conspiracy Jury Charge Even When Conspiracy Is Not Indicted

Date: May 6, 2026

Slight Evidence Supports a Conspiracy Jury Charge Even When Conspiracy Is Not Indicted 1. Introduction In Merritt v. State (Supreme Court of Georgia, May 5, 2026), Tyler Merritt appealed his...

Bryant v. State (Ga. 2026): Sentencing Merger Correction (Aggravated Assault into Malice Murder) and Clarified Limits on Appellate Review of General Grounds/Unpreserved Claims

Date: May 6, 2026

Bryant v. State (Supreme Court of Georgia, May 5, 2026): Aggravated Assault of the Homicide Victim Must Merge into Malice Murder Absent an Independent Assault, with Appellate Limits Reaffirmed for...

Rare-Ammunition Link as Intrinsic Evidence (Not Rule 404(b)) and Sentencing Sheets Need Not Track “Dummy” Indictment Renumbering

Date: May 6, 2026

Rare-Ammunition Link as Intrinsic Evidence (Not Rule 404(b)) and Sentencing Sheets Need Not Track “Dummy” Indictment Renumbering 1. Introduction BENNETT v. THE STATE (two consolidated appeals, with...

Ellison v. State — Repugnant-Verdict Reversal Requires an Affirmative, On-the-Record Incompatibility; Prosecutorial-Misconduct and Trial-Error Claims Require Proof and Preservation

Date: Apr 23, 2026

Ellison v. State — Repugnant-Verdict Reversal Requires an Affirmative, On-the-Record Incompatibility; Prosecutorial-Misconduct and Trial-Error Claims Require Proof and Preservation Court: Supreme...

Miller v. State: Eighth Amendment Gross-Disproportionality Is a Cognizable “Void Sentence” Claim Despite a Statutory-Range Sentence

Date: Apr 23, 2026

Miller v. State: Eighth Amendment Gross-Disproportionality Is a Cognizable “Void Sentence” Claim Despite a Statutory-Range Sentence Introduction In Miller v. State (Supreme Court of Georgia, April...

Revenue-Generating “Proprietary Function” Contracts Fall Outside OCGA § 36-60-13’s Multiyear Contract Formalities

Date: Apr 23, 2026

Revenue-Generating “Proprietary Function” Contracts Fall Outside OCGA § 36-60-13’s Multiyear Contract Formalities Case: CITY OF ALBANY v. SOUTH GEORGIA RAILS TO TRAILS, INC. (A25A0061) Court (per...