Georgia Case Commentaries

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

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

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

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

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

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

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

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

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

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

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

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

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...

Deference to Trial Counsel’s Strategic Defense Choices and Standards for Affirmative Defense Jury Instructions in Fox v. State

Date: May 7, 2025

Deference to Trial Counsel’s Strategic Defense Choices and Standards for Affirmative Defense Jury Instructions in Fox v. State Introduction Fox v. State, decided May 6, 2025 by the Supreme Court of...

“Denny v. State: Limits on Chain-of-Custody Objections and Counsel Performance Under Strickland”

Date: May 7, 2025

Denny v. State: Limits on Chain-of-Custody Objections and Counsel Performance Under Strickland Introduction In Denny v. State, decided May 6, 2025, the Supreme Court of Georgia addressed whether...

Intrinsic Evidence Doctrine Clarified: Admissibility of Defendant’s Drug Use Under OCGA §24-4-404(b)

Date: May 7, 2025

Intrinsic Evidence Doctrine Clarified: Admissibility of Defendant’s Drug Use Under OCGA §24-4-404(b) Introduction In Coleman v. State, decided May 6, 2025, the Supreme Court of Georgia addressed the...

Accomplice Jury Instruction as Judicial Opinion: Mandatory New Trial Under OCGA § 17-8-57(c)

Date: Apr 9, 2025

Accomplice Jury Instruction as Judicial Opinion: Mandatory New Trial Under OCGA § 17-8-57(c) Introduction State v. Cleveland and State v. Williams were consolidated appeals decided by the Supreme...

Harmless Error Standards for Confrontation Clause Violations in Overwhelming Evidence: Kingdom v. State

Date: Apr 9, 2025

Harmless Error Standards for Confrontation Clause Violations in Overwhelming Evidence Introduction In the case of Kingdom v. State, decided April 8, 2025 by the Supreme Court of Georgia, defendant...

Mandatory Prosecutorial Consent and Broad Discretion in Retroactive First-Offender Treatment: Ballard v. State

Date: Apr 9, 2025

Mandatory Prosecutorial Consent and Broad Discretion in Retroactive First-Offender Treatment: Ballard v. State Introduction Ballard v. State, decided April 8, 2025 by the Supreme Court of Georgia,...

Williams v. State: Clarifying the State’s Burden to Disprove Justification and the Prejudice Standard in Ineffective Assistance Claims

Date: Apr 9, 2025

Williams v. State: Clarifying the State’s Burden to Disprove Justification and the Prejudice Standard in Ineffective Assistance Claims Introduction In Williams v. State, the Supreme Court of Georgia...

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