Georgia Case Commentaries

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...

Spann v. State: Eyewitness Testimony as Direct Evidence Removes a Case from OCGA § 24-14-6’s “Reasonable Hypothesis” Rule

Date: Apr 23, 2026

Spann v. State: Eyewitness Testimony as Direct Evidence Removes a Case from OCGA § 24-14-6’s “Reasonable Hypothesis” Rule Court: Supreme Court of Georgia Date: April 21, 2026 Case: Spann v. State,...

Overwhelming-Evidence Harmlessness for Rule 404(b) Error and Preservation Limits on Cross-Examination/Mistrial Review (Crawford v. State)

Date: Apr 23, 2026

Overwhelming-Evidence Harmlessness for Rule 404(b) Error and Preservation Limits on Cross-Examination/Mistrial Review 1. Introduction In Crawford v. State (Supreme Court of Georgia, Apr. 21, 2026),...

Rule 1.15(I) “Valid Defense” Permits Disregarding a Third-Party Claim—and Eliminates Subsections (c) & (d) Duties

Date: Apr 23, 2026

Rule 1.15(I) “Valid Defense” Permits Disregarding a Third-Party Claim—and Eliminates Subsections (c) & (d) Duties Introduction In the Matter of Darryl J. Ferguson (Supreme Court of Georgia, Apr. 21,...

Monroe v. State — Distribution Under OCGA § 16-13-30(b) Includes Non-Sale Transfers (Including Direct Exposure/Administration to a Child)

Date: Apr 23, 2026

Distribution Under OCGA § 16-13-30(b) Includes Non-Sale Transfers (Including Direct Exposure/Administration to a Child) I. Introduction In Monroe v. State (Supreme Court of Georgia, April 21, 2026),...

Ragland v. State — Strategic Non-Objection as Affirmative Waiver Defeating Plain-Error Review of Evidentiary Admissions

Date: Apr 23, 2026

Strategic Non-Objection as Affirmative Waiver Defeating Plain-Error Review of Evidentiary Admissions Introduction In Ragland v. State (Supreme Court of Georgia, Apr. 21, 2026), Sheldon Ragland...

Shine v. State: Res Judicata and “Law-at-the-Time” Limits on OCGA § 5-6-39.1 Out-of-Time Appeals from Pre-Collier Guilty Pleas

Date: Apr 23, 2026

Res Judicata and “Law-at-the-Time” Limits on OCGA § 5-6-39.1 Out-of-Time Appeals from Pre-Collier Guilty Pleas I. Introduction Case: Shine v. State (Supreme Court of Georgia, Apr. 21, 2026). Parties:...

Bailey v. State — No Prejudice for Failure-to-Suppress Claims Without Showing the Challenged Digital-Warrant Evidence Was Used at Trial

Date: Apr 23, 2026

Bailey v. State: Ineffective Assistance Claims Based on Failure to Suppress Digital Evidence Require a Record-Based Showing that the Challenged Warrant Actually Produced and Introduced Trial Evidence...

Kelly v. State: Affirmative Waiver of Voir Dire Limits and Flexible Rule 807 Admission of a Victim’s Relationship Statements

Date: Apr 23, 2026

Kelly v. State: Affirmative Waiver of Voir Dire Limits and Flexible Rule 807 Admission of a Victim’s Relationship Statements Supreme Court of Georgia (Apr. 21, 2026) — Kelly v. State, No. S26A0469 1....

Larkins v. State (Ga. 2026): Plain-Error Review of an Erroneous Bruton-Type Limiting Charge Requires a Showing of Outcome Prejudice

Date: Apr 23, 2026

Plain-Error Relief Requires Outcome Prejudice Even When a Bruton-Type Limiting Instruction Is Incorrect Because the Co-Defendant Testified 1. Introduction In Larkins v. The State (Supreme Court of...

Malcolm v. State — Strategic Forbearance of Suppression Motions and Deference on Juror Nondisclosure

Date: Apr 23, 2026

Strategic Forbearance of Suppression Motions (Standing-Risk and “Worse-Evidence” Exposure) and Broad Trial-Court Discretion to Retain a Juror After Non-Deceptive Voir Dire Nondisclosure 1....

Nexus Under Georgia’s Street Gang Act Is an Evidentiary Showing, Not a Pleading Element

Date: Apr 23, 2026

Nexus Under Georgia’s Street Gang Act Is an Evidentiary Showing, Not a Pleading Element 1. Introduction In McFarland v. State (Supreme Court of Georgia, Apr. 21, 2026), Travis McFarland appealed his...

Nuckles v. State — Limits on Post‑Judgment Relief After Guilty Pleas: No “Void Conviction” Vacatur Motion; Strict Timeliness for Plea Withdrawal and OCGA § 5‑6‑39.1

Date: Apr 23, 2026

Limits on Post‑Judgment Relief After Guilty Pleas: No Standalone “Void Conviction” Vacatur Motion; Strict Timeliness for Plea Withdrawal and OCGA § 5‑6‑39.1 1. Introduction In Nuckles v. State...

Painter v. State — Insanity Jury Instructions Require “Slight Evidence” of Legal Insanity, Not Mere Mental Illness or an “Abnormal” Killing

Date: Apr 23, 2026

Insanity Jury Instructions Require “Slight Evidence” of Legal Insanity, Not Mere Mental Illness or an “Abnormal” Killing 1. Introduction In Painter v. State (Ga. Apr. 21, 2026), Gregory Painter...

Smith v. State: Vacatur Required When a Trial Court Denies a New-Trial Motion Without Exercising OCGA §§ 5-5-20 and 5-5-21 “General Grounds” Discretion

Date: Apr 23, 2026

Smith v. State: Vacatur Required When a Trial Court Denies a New-Trial Motion Without Exercising OCGA §§ 5-5-20 and 5-5-21 “General Grounds” Discretion 1. Introduction In Smith v. State (Supreme...

Sneed v. State Commentary

Date: Apr 23, 2026

Sneed v. State (Ga. 2026): Closing-Argument “Credibility” Inferences Do Not Create Ineffective Assistance, and Lesser Firearm-Possession Counts Must Merge into OCGA § 16-11-133 1. Introduction In...

Unrepresented-Estate Tolling Does Not Extend the GTCA’s 12-Month Ante Litem Notice; a Decedent’s Estate Exists at Death

Date: Apr 23, 2026

Unrepresented-Estate Tolling Does Not Extend the GTCA’s 12-Month Ante Litem Notice; a Decedent’s Estate Exists at Death Introduction Walker et al. v. Georgia Department of Human Services (Court of...

App-Based Ride-Share Platforms Qualify as “Headquarters Operators” Under Georgia’s Taxicab Regulation and Must Collect Sales Tax on For-Hire Fares (Pre-2020)

Date: Mar 28, 2026

App-Based Ride-Share Platforms Qualify as “Headquarters Operators” Under Georgia’s Taxicab Regulation and Must Collect Sales Tax on For-Hire Fares (Pre-2020) 1. Introduction In UBER TECHNOLOGIES,...