Georgia Case Commentaries

Samuels v. State: Cumulative Jail-Call “Non-Denial” Commentary Is Not Plain Error When the Calls Are Admitted, and Assumed Intrinsic-Act Error Is Harmless Given Strong Circumstantial Proof

Date: Feb 18, 2026

Samuels v. State: Cumulative Jail-Call “Non-Denial” Commentary Is Not Plain Error When the Calls Are Admitted, and Assumed Intrinsic-Act Error Is Harmless Given Strong Circumstantial Proof 1....

Georgia Adopts a Totality-of-the-Circumstances Test for When a Third Party “Procured or Caused to Be Procured” a Life Insurance Policy (STOLI/Wagering Analysis)

Date: Feb 18, 2026

Georgia Adopts a Totality-of-the-Circumstances Test for When a Third Party “Procured or Caused to Be Procured” a Life Insurance Policy (STOLI/Wagering Analysis) 1. Introduction Wilmington Trust,...

Conduct-Based Acceptance of a Nonconforming OCGA § 9-11-67.1 Response Creates an Enforceable Settlement Covering Additional Insureds Named in the Counteroffer

Date: Feb 18, 2026

Conduct-Based Acceptance of a Nonconforming OCGA § 9-11-67.1 Response Creates an Enforceable Settlement Covering Additional Insureds Named in the Counteroffer 1. Introduction This Court of Appeals of...

Settlement by Counteroffer Accepted Through Conduct Under OCGA § 9-11-67.1 (2013): UM-Exhaustion Communications as Objective Assent and Release Extending to Additional Insureds

Date: Feb 18, 2026

Settlement by Counteroffer Accepted Through Conduct Under OCGA § 9-11-67.1 (2013): UM-Exhaustion Communications as Objective Assent and Release Extending to Additional Insureds Introduction Slaughter...

Police-Power Damage Is Not a Compensable “Taking”: Sovereign Immunity Bars Inverse-Condemnation Claims for Property Damaged During Law-Enforcement Operations

Date: Feb 18, 2026

Police-Power Damage Is Not a Compensable “Taking”: Sovereign Immunity Bars Inverse-Condemnation Claims for Property Damaged During Law-Enforcement Operations Introduction In BLUE 42 ORGANICS, LLC v....

Huitron v. Toby (Ga. 2026): Potential Appellate-Counsel Office Conflicts Require Proof of a Specific, Adversely Affected Appellate Decision

Date: Feb 5, 2026

Potential Appellate-Counsel Office Conflicts Do Not Warrant a New Appeal Absent Proof the Conflict Significantly and Adversely Affected a Specific Appellate Choice Case: Huitron v. Toby, Warden...

Welsch v. State — Plain-Error Limits on Unobjected-to Confrontation and Hearsay Claims; Deferential Review of General-Grounds Rulings After Bench Trials

Date: Feb 5, 2026

Welsch v. State — Plain-Error Limits on Unobjected-to Confrontation and Hearsay Claims; Deferential Review of General-Grounds Rulings After Bench Trials Introduction In Welsch v. The State (Supreme...

Biggs v. State: Rule 403 Generally Cannot Exclude a Victim’s Prior Violent Act Known to the Defendant When It Substantially Explains Justification

Date: Feb 5, 2026

Biggs v. State: Rule 403 Generally Cannot Exclude a Victim’s Prior Violent Act Known to the Defendant When It Substantially Explains Justification Introduction In Biggs v. The State (Supreme Court of...

Clark v. State — Renewal of Mistrial Motion Required After Curative Instruction; Post-Offense Witness-Killing Solicitation Admissible Under Rule 404(b) as Consciousness of Guilt

Date: Feb 5, 2026

Renewal of Mistrial Motion Required After Curative Instruction; Post-Offense Witness-Killing Solicitation Admissible Under OCGA § 24-4-404(b) as Consciousness of Guilt Introduction In Clark v. The...

Speculative Conflicts Do Not Trigger Prosecutor Disqualification Under GRPC 1.9(a) Absent a “Substantially Related” Prior Representation

Date: Feb 5, 2026

Speculative Conflicts Do Not Trigger Prosecutor Disqualification Under GRPC 1.9(a) Absent a “Substantially Related” Prior Representation Introduction This consolidated Supreme Court of Georgia...

Condra Does Not Mandate a “Personal Practices” Jury Charge; Pattern Instructions Are Not Law and Trial Courts May Tailor Charges

Date: Feb 5, 2026

Condra Does Not Mandate a “Personal Practices” Jury Charge; Pattern Instructions Are Not Law and Trial Courts May Tailor Charges Introduction Georgia Bone & Joint Surgeons, P.C. v. Keel reached the...

Gibson v. State: “Conflict-Free Counsel” Requires an Articulated Actual Conflict; A Desire to Hire Private Counsel Is Not Enough

Date: Feb 5, 2026

Gibson v. State: “Conflict-Free Counsel” Requires an Articulated Actual Conflict; A Desire to Hire Private Counsel Is Not Enough Court: Supreme Court of Georgia Date: February 3, 2026 Case: Gibson v....

Graham v. State: No Ineffective Assistance for Omitting Additional Justification/Character Charges and for Declining a Novel Curtilage-Based Defense-of-Habitation Theory; Cumulative Error Requires Identified Trial Error

Date: Feb 5, 2026

Graham v. State: No Ineffective Assistance for Omitting Additional Justification/Character Charges and for Declining a Novel Curtilage-Based Defense-of-Habitation Theory; Cumulative Error Requires...

Kerns v. State — No Separate Right to Virtual Trial Access After Removal for Disruption; No Mandatory Hearing on Substitute-Counsel Requests Absent Adequate Record

Date: Feb 5, 2026

Kerns v. State — No Separate Right to Virtual Trial Access After Removal for Disruption; No Mandatory Hearing on Substitute-Counsel Requests Absent Adequate Record 1. Introduction In Kerns v. THE...

Riley v. State: No Brady/Giglio Violation Absent a Pretrial Leniency Agreement; Speculation About Cross-County Favor Is Insufficient

Date: Feb 5, 2026

Riley v. State: No Brady/Giglio Violation Absent a Pretrial Leniency Agreement; Speculation About Cross-County Favor Is Insufficient Court: Supreme Court of Georgia Date: February 3, 2026 Case: Riley...

Cell-Tower “Mapping” and Autonomous Surveillance Foundations: When Location-Tracking Summaries Are Lay Testimony and Timestamped Video Is Self-Authenticating Under OCGA § 24-9-923(c)

Date: Feb 5, 2026

Cell-Tower “Mapping” and Autonomous Surveillance Foundations: When Location-Tracking Summaries Are Lay Testimony and Timestamped Video Is Self-Authenticating Under OCGA § 24-9-923(c) I. Introduction...

State v. Lee: Clarifying “Why Am I Charged?” Questions Do Not Reinitiate Interrogation After Invocation; “Why Do You Think?” Follow-Ups Are Edwards-Prohibited Interrogation

Date: Feb 5, 2026

State v. Lee: Clarifying “Why Am I Charged?” Questions Do Not Reinitiate Interrogation After Invocation; “Why Do You Think?” Follow-Ups Are Edwards-Prohibited Interrogation I. Introduction State v....

Taylor v. State: Ineffective-Assistance Claims Must Identify Specific, Record-Supported Deficiencies; Appellate Courts Will Not Cull the Record

Date: Feb 5, 2026

Taylor v. State: Ineffective-Assistance Claims Must Identify Specific, Record-Supported Deficiencies; Appellate Courts Will Not Cull the Record Introduction In Taylor v. The State (Supreme Court of...

Georgia RICO Cannot Be Used to Transform a Post-Divorce Child-Support Dispute into a Treble-Damages Racketeering Case

Date: Feb 5, 2026

Georgia RICO Cannot Be Used to Transform a Post-Divorce Child-Support Dispute into a Treble-Damages Racketeering Case Introduction In WARNER v. ESPITIA et al., the Court of Appeals of Georgia...

Phillips v. State: Curative Instructions Cure Brief “Vouching,” and Recorded Interviews Are Not Admissible in Full Absent Proper Impeachment and Proffer

Date: Jan 23, 2026

Phillips v. State: Curative Instructions Cure Brief “Vouching,” and Recorded Interviews Are Not Admissible in Full Absent Proper Impeachment and Proffer I. Introduction In Phillips v. The State...

Previous Next