actual-knowledge-is-awareness-of-the-hazard-itself Case Commentaries

OCGA § 24-14-6 Is Inapplicable Where Any Direct Evidence Exists; No Ineffective Assistance for Declining Unmerited Juror-Striking or Voluntary Manslaughter Requests

Date: Sep 12, 2026

OCGA § 24-14-6 Is Inapplicable Where Any Direct Evidence Exists; No Ineffective Assistance for Declining Unmerited Juror-Striking or Voluntary Manslaughter Requests 1. Introduction In Grace v. State...

Kennedy v. State (Ga. 2026): Assumed Cell-Phone Warrant Particularity Error Deemed Harmless When Digital Evidence Is Cumulative and Proof of Guilt Is Strong

Date: Sep 12, 2026

Kennedy v. State (Ga. 2026): Assumed Cell-Phone Warrant Particularity Error Deemed Harmless When Digital Evidence Is Cumulative and Proof of Guilt Is Strong 1. Introduction In Kennedy v. State, the...

Previously “Merged” (Concurrent) Sentences Cannot Be “Unmerged” by Later Silence in a Subsequent Judgment

Date: Sep 12, 2026

Previously “Merged” (Concurrent) Sentences Cannot Be “Unmerged” by Later Silence in a Subsequent Judgment 1. Introduction Gillian v. Salmonsen (Mont. Sept. 8, 2026) is a Montana Supreme Court habeas...

Therapist-Informed Visitation Limits May Still Satisfy “Reasonable Efforts,” and Ineffective Assistance Requires a Showing of Prejudice in Montana YINC Terminations

Date: Sep 12, 2026

Therapist-Informed Visitation Limits May Still Satisfy “Reasonable Efforts,” and Ineffective Assistance Requires a Showing of Prejudice in Montana YINC Terminations Introduction Matter of H.T., S.T.,...

Prior Drug-and-Gun Traffic Stops as Intrinsic Proof of a VICAR Enterprise’s Racketeering and Interstate-Commerce Nexus

Date: Sep 12, 2026

Prior Drug-and-Gun Traffic Stops as Intrinsic Proof of a VICAR Enterprise’s Racketeering and Interstate-Commerce Nexus Case: United States v. Octavius Ferguson (consolidated appeals involving...

Challenges to Bond-Financed Projects Are “On Account of” Bond Issuance and Must Be Filed Within 20 Days Under S.C. Code § 11-15-30

Date: Sep 12, 2026

Challenges to Bond-Financed Projects Are “On Account of” Bond Issuance and Must Be Filed Within 20 Days Under S.C. Code § 11-15-30 1. Introduction In SC Public Interest Foundation v. Oconee County...

Ash v. State (Ga. 2026): Digital Location/Search Data as “Slight” Accomplice Corroboration; Silence as Implied Consent to Deadlock Mistrial

Date: Sep 12, 2026

Digital Location/Search Data Can Provide “Slight” Corroboration of an Accomplice, and Silence Constitutes Implied Consent to a Hung-Jury Mistrial Case: Ash v. State Court: Supreme Court of Georgia...

Blackmon v. State: No Strickland Relief Without a Clear Objection Basis or a Concrete Proffer of “Poisoning” Defense Evidence

Date: Sep 12, 2026

Blackmon v. State: No Strickland Relief Without a Clear Objection Basis or a Concrete Proffer of “Poisoning” Defense Evidence 1. Introduction In Blackmon v. State (Supreme Court of Georgia, Sept. 9,...

No Categorical “Police Power” Exemption from Georgia’s Just Compensation Clause

Date: Sep 12, 2026

No Categorical “Police Power” Exemption from Georgia’s Just Compensation Clause 1. Introduction Blue 42 Organics, LLC v. Georgia Department of Public Safety (Supreme Court of Georgia, Sept. 9, 2026)...

Green v. State: Personal-Observation Video Testimony Is Not Hearsay; “Grave Suspicion” Charge Not Required Where Reasonable-Doubt Instructions Suffice

Date: Sep 12, 2026

Green v. State: Personal-Observation Video Testimony Is Not Hearsay; “Grave Suspicion” Charge Not Required Where Reasonable-Doubt Instructions Suffice 1. Introduction In Green v. State (Supreme Court...

Reciprocal Discipline in Georgia: Substantially Similar Suspension Required Unless GRPC 9.4(b)(3) Is Proven; Foreign “Disciplinary Authority” Rules Do Not Defeat Reciprocity

Date: Sep 12, 2026

Reciprocal Discipline in Georgia: Substantially Similar Suspension Required Unless GRPC 9.4(b)(3) Is Proven; Foreign “Disciplinary Authority” Rules Do Not Defeat Reciprocity 1. Introduction In the...

Refusal to Admit Wrongdoing Is Not an Aggravator; Knowing Client Neglect Across Multiple Matters Warrants a 12‑Month Suspension (Ga.)

Date: Sep 12, 2026

Refusal to Admit Wrongdoing Is Not an Aggravator; Knowing Client Neglect Across Multiple Matters Warrants a 12‑Month Suspension (Ga.) Case: In the Matter of Terri Sharonda Herron (Supreme Court of...

Kitchens v. State (Ga. 2026) — Unrecorded Oral Witness Statements Are Not Discoverable Under OCGA § 17-16-7; Deferential Review of Barker Remand and Gang-Act Sufficiency

Date: Sep 12, 2026

Unrecorded Oral Witness Statements Are Not Discoverable Under OCGA § 17-16-7; Deferential Review Governs Barker Remand Balancing and Gang-Act Sufficiency Case: Kitchens v. State, Supreme Court of...

Objective “Serious Provocation” Reaffirmed: No Voluntary Manslaughter Charge Where the Victim Withdraws and the Defendant Shoots Through a Closed Door; Domestic-Violence Expert Error Deemed Harmless on Overwhelming Evidence

Date: Sep 12, 2026

Objective “Serious Provocation” Reaffirmed: No Voluntary Manslaughter Charge Where the Victim Withdraws and the Defendant Shoots Through a Closed Door; Domestic-Violence Expert Error Deemed Harmless...

Prejudice Required for Guilty-Plea Ineffectiveness Claims Despite Alleged Discovery Withholding or Failure to Advise of Term-of-Court Plea Withdrawal

Date: Sep 12, 2026

Prejudice Required for Guilty-Plea Ineffectiveness Claims Despite Alleged Discovery Withholding or Failure to Advise of Term-of-Court Plea Withdrawal 1. Introduction In Orsborn, Warden v. Long...

Reynolds v. State: Harmless-Error Affirmance When Expert Is Barred from “Motive/Plan/Concealment” Labels but Gives Substantively Equivalent Insanity Testimony

Date: Sep 12, 2026

Reynolds v. State: Harmless-Error Affirmance When Expert Is Barred from “Motive/Plan/Concealment” Labels but Gives Substantively Equivalent Insanity Testimony 1. Introduction In Reynolds v. State...

State v. Downing: Physical Evidence Is Not “Fruit” of a Miranda Violation Absent an Involuntary (Coerced) Statement

Date: Sep 12, 2026

State v. Downing: Physical Evidence Is Not “Fruit” of a Miranda Violation Absent an Involuntary (Coerced) Statement Court: Supreme Court of Georgia | Date: September 9, 2026 | Posture: State appeal...

Williams v. State: No Sua Sponte Limiting Instruction for Felon-Status Proof Absent Request; Victim’s Contemporaneous Naming of Shooter Admissible as Present Sense Impression

Date: Sep 12, 2026

Williams v. State: No Sua Sponte Limiting Instruction for Felon-Status Proof Absent Request; Victim’s Contemporaneous Naming of Shooter Admissible as Present Sense Impression 1. Introduction In...

“Next General Election” in Neb. Const. art. XI, § 4 Means the Next Regular Election—Including the Statewide General Election—Enforceable by Mandamus

Date: Sep 12, 2026

“Next General Election” in Neb. Const. art. XI, § 4 Means the Next Regular Election—Including the Statewide General Election—Enforceable by Mandamus Case: State ex rel. Hilgers v. Weber, 322 Neb. 227...

Finality Triggered by Dismissal of Remaining Claims: Appeal Clock Runs When the Case Is No Longer Pending Below

Date: Sep 12, 2026

Finality Triggered by Dismissal of Remaining Claims: Appeal Clock Runs When the Case Is No Longer Pending Below Case: NEELY v. PARSELL (Supreme Court of Georgia, Sept. 9, 2026) Posture: Writ of...