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  • Loveless v. The State

    Publication Date: 2018-03-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Reid Kennedy (Attorney at Law), Marietta, for appellant.
    for defendant: John Edwards (District Attorney's Office, Cobb Judicial Circuit), Marietta; Shepard Orlow (Assistant District Attorney Cobb County District Attorney's Office), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A17A1728

    The trial court did not err in resentencing defendant on remittitur after concluding, sua sponte, that the sentence entered on defendant's conviction for trafficking in methamphetamine was void because he had been sentenced under the wrong [C]ode section.

  • Ya Van v. Siv Cheng Kong As Administratrix Of The Estate Of Chheng Siv Voigt et al.

    Publication Date: 2018-03-26
    Practice Area: Civil Procedure | Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Lloyd Hedrick (Hedrick Law LLC), Atlanta, for appellant.
    for defendant: Melvin Hewitt, Hilary Hunter (Isenberg & Hewitt PC), Atlanta, for appellee. Maren Cave (Swift, Currie, McGhee & Hiers), Atlanta, for other party.
    Case Number: A17A1713

    The trial court erred in denying defendant's motion for summary judgment in plaintiff's suit alleging that defendant was negligent in failing to keep her home safe from known dangers and dangerous conditions on the property when she allowed her son-in-law to enter her home and he fatally stabbed her daughter, as there was no evidence from which to conclude that defendant had reason to anticipate the man's violent conduct.

  • The State v. Scott

    Publication Date: 2018-03-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: Jeffery Hunt (Assistant District Attorney Coweta Judicial Circuit), Carrollton; Douglas Vassy (Solicitor General Carroll County Courthouse), Carrollton; Christopher Keegan (Coweta Judicial Circuit District Attorney's Office), Carrollton, for appellant.
    for defendant: Jerry Pilgrim (The Pilgrim Law Group LLC), Villa Rica, for appellee. Gary Bergman (Prosecuting Attorneys' Council of Georgia), Morrow, for amicus curiae.
    Case Number: A17A2127

    The trial court erred in granting indictee's motion to quash the indictment against him, as he failed to carry his burden of showing that the evidence on which the indictment was returned was based on wholly incompetent evidence.

  • Winn v. The State

    Publication Date: 2018-03-26
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Michael Clark (Andy Clark Law, LLC), Atlanta, for appellant.
    for defendant: Amelia Pray (District Attorney's Office, Cobb Judicial Circuit), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A17A1550

    Evidence Was Sufficient to Establish Defendant's Constructive Possession of Gun and Drugs Found in His Room

  • Ngo v. The State

    Publication Date: 2018-03-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Scott Semrau (Attorney at Law), Phu Ngo (Calhoun State Prison), Morgan, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Anthony Volkodav (Assistant District Attorney), Lawrenceville, for appellee.
    Case Number: A17A1846

    Trial Court Erred in Neither Providing Counsel to Defendant Who Sought to Withdraw Plea Nor Inquiring Whether He Had Waived Counsel

  • Faison et al. v. Faison

    Publication Date: 2018-03-23
    Practice Area: Real Estate | Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: W. Meeks (Attorney at Law), Leesburg, for appellant.
    for defendant: John Hadden (Turkheimer & Hadden, LLC), Atlanta; John Cotton (Cotton Law Firm, P.C.), Cordele, for appellee.
    Case Number: A17A1610

    Trial Court Erred In Failing to Determine Heirs Property Before Ordering Mediation in Partition Dispute

  • Austin Regional Home Care, Inc. et al. v. Careminders Home Care, Inc. et al.

    Publication Date: 2018-03-23
    Practice Area: Civil Appeals | Dispute Resolution | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Rebecca Strickland, Michael Schroder (Swift, Currie, McGhee & Hiers, LLC), Atlanta; Mark VanderBroek, George Ray (Nelson Mullins Riley & Scarborough, LLP), Atlanta, for appellant.
    for defendant: Brian Schleicher (Attorney at Law), Alpharetta, for appellee.
    Case Number: A17A1859

    Court of Appeal Lacked Jurisdiction to Hear Non-Final Order Granting Arbitration

  • Outz v. State

    Publication Date: 2018-03-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: David Clark, Lawrenceville, for appellant.
    for defendant: David White (District Attorney), Hartwell; Michael Coveney (District Attorney's Office of the Northern Judicial Circuit), Danielsville, for appellee.
    Case Number: A17A1952

    Jury Could Infer From Circumstantial Evidence That Family ViolenceVictim Was Not Defendant's Sibling

  • Delevan v. The State

    Publication Date: 2018-03-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: David Clark, Lawrenceville, for appellant.
    for defendant: William Langley (District Attorney), Blairsville; Sidney Landreau (Enotah Judicial Circuit District Attorney), Blairsville, for appellee.
    Case Number: A17A1998

    The Court vacated the trial court's denial of defendant's motion for an out-of-time appeal following his convictions for DUI a related offenses and remanded to the trial court for appointment of a conflict-free counsel for defendant and a new hearing on the motion for an out-of-time appeal in order to determine who was at fault for failing to timely file the notice of appeal.

  • Cherokee Main Street, LLC v. Ragan

    Publication Date: 2018-03-22
    Practice Area: Personal Injury | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Brandon Day, Jerald Hanks (Hanks Brookes, LLC), Atlanta, for appellant.
    for defendant: William Akin, S. Tate (Akin & Tate, LLC), Cartersville, for appellee.
    Case Number: A17A1819

    Accident Victim Who Was Aware of Risk at Unmarked Crossing And Knowingly Stepped in Front of Approaching Car Had Superior Knowledge of Hazard