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  • Little v. The State

    Publication Date: 2024-10-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: David Little, (Wheeler Correctional Facility), Alamo, for appellant.
    for defendant: Bradford Rigby, (District Attorney’s Office of the Cordele Judicial), Cordele, for appellee.
    Case Number: A24A1142

    Court affirms conviction for aggravated battery and child cruelty over defendant's challenges to sufficiency of evidence, admission of evidence, and claim of ineffective assistance of counsel

  • Estate of Butler v. Patterson et al.

    Publication Date: 2024-10-22
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Jeffrey Dean, (Morris & Dean), Dalton, for appellant.
    for defendant: Mitchell Snyder, Azurae Orie, (The Minor Firm), Dalton, for appellee.
    Case Number: A24A0986

    Court reverses summary judgment in a case alleging fraud and breach of fiduciary duty, finding genuine issues of material fact regarding undue influence

  • In re Georgia Department of Behavioral Health and Developmental Disabilities.

    Publication Date: 2024-10-22
    Practice Area: Administrative Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Christopher Carr, Bryan Webb, (Attorney General), Atlanta, Joycelyn Curry, (Georgia Department of Law), Atlanta, Shalen Nelson, Atlanta, for appellant.
    for defendant: Frank Nelson, (Fleming & Nelson, LLP), Evans, for appellee.
    Case Number: A24A0995

    Court reverses criminal contempt order against State Department, which had been issued on account of the Department's delay in taking custody of a defendant deemed to be incompetent

  • Arlotta v. Arlotta

    Publication Date: 2024-10-22
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Trinity Hundredmark, Dana Lohrberg, (Andersen, Tate & Car, P.C.), Duluth, Robert Thomas, (Burr & Firman LLP), Atlanta, for appellant.
    for defendant: Joann Sharp, Charlotte Ruble, (Meriwether & Tharp, LLC), Alpharetta, for appellee.
    Case Number: A24A0961

    Court reverses partial denial of motion to enforce prenuptial agreement, which satisfied the framework of the Sherer test under Georgia law

  • In the Interest of N. C., a child.

    Publication Date: 2024-10-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: President Judge McFadden
    Attorneys: For plaintiff: Andrea Herschberger, (Eastern Circuit Public Defender’s Office), Savannah, for appellant.
    for defendant: Shalena Jones, Brittany Padgett, (District Attorney’s Office Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: A24A0796

    Court reverses delinquency adjudication, finding that probation order did not clearly impose a condition that the State alleged had been violated for interference with electronic monitoring device

  • Shumate v. The State

    Publication Date: 2024-10-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Karen Wilkes, (Tallapoosa Circuit Public Defender), Cedartown, for appellant.
    for defendant: Oliver Browning, Kayleigh Carter, (Polk County District Attorney’s Office), Cedartown, for appellee.
    Case Number: A24A0862

    Court reverses denial of motion to suppress drug evidence where officers did not have a reasonable suspicion to escalate an encounter and conduct a search of the defendant's vehicle

  • MacMillan v. The State

    Publication Date: 2024-10-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Patsy Austin-Gatson, Christopher DeNeve, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A24A1167

    Court affirms convictions for armed robbery and aggravated assault over defendant's challenge to sufficiency of evidence and alleged jury instruction error

  • Mabvurunge v. Katsande

    Publication Date: 2024-10-18
    Practice Area: Civil Appeals | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Calvin Mabvurunge, Burnsville, for appellant.
    for defendant: Margaret Head, (Cohen & Caproni, LLC), Atlanta, for appellee; Brook Davidson, (Stewart, Melvin & Frost), Gainesville, for other party.
    Case Number: A24A0737

    Court vacates dismissal of biological father's appeal and remands in a conservatorship case, holding that OCGA § 15-9-123 (a) does not apply to the father's appeal to the superior court.

  • Young v. The State

    Publication Date: 2024-10-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Marsha Mignott, (The Mignott Law Group, LLC), Tucker, for appellant.
    for defendant: Flynn Broady, Linda Dunikoski, (Cobb County District Attorney’s Office), Marietta, for appellee.
    Case Number: A24A0793

    Court affirms denial of defendant's motion to withdraw a negotiated guilty plea in a robbery case

  • Emory University d/b/a Emory University Hospital Smyrna et al. v. Kennestone Hospital, Inc.

    Publication Date: 2024-10-18
    Practice Area: Administrative Law | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, for appellant.
    for defendant: Armando Basarrate, David Darden, Grace Blood, (Parker, Hudson, Rainer & Dobbs), Atlanta, David Conley, Robert Ingram, (Moore Ingram Johnson & Steele, LLP), Marietta, Amy Weil, (The Weil Firm, LLC), Atlanta, for appellee; Christopher Carr, Margaret Eckrote, (Attorney General), Atlanta, Stacey Hillock, Daniel Walsh, Dale Cecka, (Department Of Community Health), Atlanta, Cathelynn Tio, (U.S. Attorney’s Office for the Northern District of Georgia), Atlanta, for other party.
    Case Number: A22A0111

    On remand from the Georgia Supreme Court, the court vacated its prior opinion and ruled that a hospital must obtain a certificate of need ("CON") to revert to a short-stay acute care facility