When lawyers in private practice fail in a fundamental responsibility, clients have recourses. When government lawyers commit the same missteps, particularly in criminal cases, there are far fewer options.

Recent decisions from the Georgia Supreme Court shed light on this crisis in Georgia courts. A “Davis violation” occurs when attorneys (including elected prosecutors, public defenders, and the state attorney general) fail to cite the applicable evidence code in cases before the Supreme Court of Georgia or the Court of Appeals of Georgia. The term was named after a 2016 appellate case. 

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