The Georgia Supreme Court, in a 4-3 decision upheld a judge’s decision that an armed robbery occurred in a case where no money was taken or even moved from the cash register. Gutierrez v. State, S11G0344.

The Georgia Supreme Court, in a unanimous decision, held that Georgia’s Child Hearsay Statute (O.C.G.A. § 24-3-16) does not comply with the requirements of the Confrontation Clause. Hatley v. State, S11A1617.

The Supreme Court of Georgia upheld a judge’s decision to admit conversations the defendant had with an attorney who he was trying to hire. Rogers v. State, S11A0659. While in jail awaiting trial, Rogers placed a telephone call to his girlfriend. The girlfriend then created a three-way call to an attorney. During the conversation Rogers made statements that were introduced as evidence against him at trial.

The Georgia Supreme Court clarified the circumstances under which a claim or error during jury instructions will be reviewed on appeal when the attorney did not object to the jury instruction at trial.  State v. Kelly, S11A0734.

The Supreme Court of Georgia has ruled that the pattern jury instruction on prior consistent statements should no longer be given.  Stephens v. State, S10G1958. 

The Supreme Court of Georgia upheld a judge’s decision to admit conversations the defendant had with an attorney who he was trying to hire.  Rogers v. State, S11A0659.  While in jail awaiting trial, Rogers placed a telephone call to his girlfriend.  The girlfriend then created a three-way call to an attorney.  During the conversation Rogers made statements that were introduced as evidence against him at trial.

 A defendant claimed that the judge interfered with his right to a thorough cross-examination by repeatedly interrupting his attorney and cutting short the lawyer’s questions of the lead investigator in the case.  Vandal v. State, S1A0810. 

A defendant who at age 14 attacked and robbed a woman stealing her car and money from her purse claimed that the 30 year prison sentence without parole he received was cruel and unusual.  Middleton v. State, A11A1558.