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  • Cordle v. The State

    Publication Date: 2018-05-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Victor Aloisio (Office of the Public Defender, Lookout Mountain Judicial Circuit), Lafayette, for appellant.
    for defendant: Christopher Arnt (Assistant District Attorney), Lafayette; Herbert Franklin (District Attorney), Lafayette, for appellee.
    Case Number: A18A0903

    The trial court properly declined to merge for sentencing purposes defendant's convictions on two counts of burglary arising after he broke into two businesses in the same building.

  • Jenkins v. The State

    Publication Date: 2018-05-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Walter Britt (Chandler, Britt, Jay, Beck & Zwald LLC), Buford; Eliot Abt (The Abt Law Firm LLC), Atlanta, for appellant.
    for defendant: Michael Morrison (Assistant District Attorney), Lawrenceville; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A18A0123

    No Detention Occurred Where Driver Temporarily Stopped As Ruse To Evade Traffic Stop

  • Lanham v. The State

    Publication Date: 2018-05-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jessica Benjamin, Athens, for appellant.
    for defendant: Joshua Smith (District Attorney's Office Augusta Judicial Circuit), Augusta; Henry Syms (Office of the District Attorney), Augusta, for appellee.
    Case Number: A18A0644

    The Court affirmed defendant's rape conviction, holding that the trial court properly denied his motion for new trial because he failed to prove his ineffective assistance of counsel claims.

  • Wilkerson v. The State

    Publication Date: 2018-05-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Joseph Key (Miller & Key P.A.), McDonough, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.
    Case Number: A18A0035

    Defendant Who Caused Victim to Fall When He Tried to Physically Restrain Her Was Guilty of Aggravated Battery

  • Columbus, Georgia Board Of Tax Assessors et al. v. Medical Center Hospital Authority

    Publication Date: 2018-05-16
    Practice Area: Civil Appeals | Tax
    Industry: Health Care | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Robert Lomax (Robert R. Lomax LLC), Columbus; Kevin Meeks, Charles Palmer (Troutman & Sanders LLP), Atlanta, for appellant.
    for defendant: Jeffrey Brown (Brown & Adams LLC), Columbus; Andrew Rothschild, Jerome Rothschild (Rothschild & Rothschild PC), Columbus, for appellee.
    Case Number: A16A0638

    Tax Exemption Claim Could Be Raised Again Before Trial Court Where Neither Supreme Court nor Court of Appeal Had Reviewed Issue Prior to Remand

  • Colbert v. The State

    Publication Date: 2018-05-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Clark, Lawrenceville; Victoria Novak (Chattahoochee Judicial Circuit Public Defenders of), Columbus, for appellant.
    for defendant: Scott Ballard (District Attorney), Griffin; Benjamin Coker (District Attorney), Thomaston; Robert Smith (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.
    Case Number: A18A0361

    The Court affirmed defendant's convictions for two counts of armed robbery, one count of aggravated assault, two counts of possession of a firearm during the commission of a felony, one count of aggravated battery, and one count of hijacking a motor vehicle but vacated one aggravated assault count, as the trial court erred in failing to merge that count with one of the armed robbery counts, and thus remanded for resentencing.

  • Desantos v. The State

    Publication Date: 2018-05-16
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Lynn Kleinrock (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Lee Tittsworth (Gwinnett Circuit District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A18A0209

    Prospective Juror Who Openly Expressed Bias and Was Never Rehabilitated Should Have Been Excused For Cause

  • In The Interest Of M. F., A Child (Father).

    Publication Date: 2018-05-16
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Tom Pye (Attorney at Law), Norcross, for appellant.
    for defendant: Douglas Fox (Fox Firm P.C.), Lawrenceville, for appellee. Rosalind Watkins (Attorney at Law), Atlanta, for other party.
    Case Number: A18A0264

    Juvenile Court Erred By Trying to Retain Jurisdiction Over Case After Guardianship Was Dissolved

  • Scott v. Prestige Financial Services, Inc.

    Publication Date: 2018-05-15
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: William Carlisle (Carlisle Law Firm), Winder, for appellant.
    for defendant: Beth Rogers (Rogers Law Offices), Atlanta, for appellee.
    Case Number: A18A0565

    The trial court erred in finding that the verification procedures set forth in O.C.G.A. § 9-10-112 applied because plaintiff's action was not a suit on an open account but rather a claim for the recovery of a balance due on a repossessed automobile purchased under a sale of goods contract; accordingly, the trial court erred in entering a default judgment based on defendant's failure to verify his responsive pleadings pursuant to § 9-10-112.

  • Moody et al. v. Hill, Kertscher & Wharton, LLP et al.

    Publication Date: 2018-05-15
    Practice Area: Legal Ethics and Attorney Discipline | Legal Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Bret Moore, Douglas Chandler (Chandler & Moore Law LLC), Atlanta, for appellant.
    for defendant: Mark Rogers, Johannes Kingma (Carlock Copeland & Stair LLP), Atlanta, for appellee. Gregory Digel, Matthew Friedlander (Holland & Knight LLP), Atlanta, for other party.
    Case Number: A18A1011

    The trial court erred in denying plaintiffs' motion for protective order in their legal malpractice action in which defendants requested production of a non-party attorney's litigation files and correspondences with plaintiff, as there was no evidence of an implied waiver of the attorney-client privilege with regard to the third-party attorney.