Filter This View

  • Pefinis v. The State

    Publication Date: 2018-03-06
    Practice Area: 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: Brian Fortner (Douglas County District Attorney), Douglasville; Ryan Leonard (Assistant District Attorney), Douglasville; Sean Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A17A1869

    The evidence supported defendant's convictions for one count of serious injury by vehicle and reckless driving after he caused an automobile collision and the trial court properly denied his motion for new trial based on his ineffective assistance of counsel claim.

  • Kelly v. The State

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Thomas Robinson (Robinson & Associates), Snellville, for appellant.
    for defendant: Tracy Lawson (District Attorney), Jonesboro; Elizabeth Rosenwasser (Clayton County District Attorney), Jonesboro, for appellee.
    Case Number: A17A2037

    Defendant knowingly, voluntarily, and intelligently waived his right to counsel and he never made a post-waiver request for counsel during trial; thus, he failed to show that the trial court erred in accepting his waiver of counsel.

  • Taylor v. The State

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Lauren Shubow (Attorney at Law), Atlanta; Steven Phillips (Public Defender), Atlanta, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Michael Snow (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A17A1605

    The evidence supported defendant's conviction for possession with intent to distribute crack cocaine and the trial court did not abuse its discretion in limiting defendant's time for voir dire with a particular prospective juror, as the voir dire conducted was sufficient to ascertain the fairness and impartiality of the juror.

  • Benning v. The State

    Publication Date: 2018-03-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Teresa Doepke (Office of the Public Defender), Covington, for appellant.
    for defendant: Layla Zon (District Attorney), Covington; Tabitha Rogers (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A17A1761

    The Court affirmed defendant's convictions for several offenses stemming from a brutal assault on his live-in girlfriend, holding that the trial court did not abuse its discretion in admitting evidence of two prior sexual assaults at trial because the evidence was relevant to show defendant's intent and the probative value was not substantially outweighed by the danger of unfair prejudice.

  • Everson v. Dekalb County School District et al.

    Publication Date: 2018-03-02
    Practice Area: Employment Litigation | Government
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Louise Hornsby (The Hornsby Law Firm, LLC), Atlanta, for appellant.
    for defendant: Josie Alexander (Alexander & Associates), Atlanta; Marquetta Bryan (Nelson Mullins Riley & Scarborough LLP), Atlanta; Bernard Taylor, Kelly Etchells (Alston & Bird LLP), Atlanta, for appellee.
    Case Number: A17A1430

    The trial court properly dismissed plaintiff's claims against his former employer, a school district, and the district's former superintendent in his official capacity but erred in dismissing the claims against the former superintendent in his personal capacity arising out of plaintiff's termination following his alleged report of illegal activities at the school.

  • Hardin v. The State

    Publication Date: 2018-03-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Margaret Heinen (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Christopher Arnt (Assistant District Attorney), Lafayette; Herbert Franklin (District Attorney), Lafayette, for appellee.
    Case Number: A17A1558

    The Court affirmed defendants' convictions in connection with sexual acts they committed against one of the defendants' stepdaughter but vacated their sentences and remanded for resentencing because the trial court failed to include mandatory split sentences and deviated below the mandatory minimum without entering written findings to justify the deviation.

  • Cook Pecan Company, Inc. v. McDaniel

    Publication Date: 2018-03-02
    Practice Area: Business Torts | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Ronald Daniels (Daniels Law LLC), Perry, for appellant.
    for defendant: William Jourdain (Minor, Bell & Neal), Dalton; Michael McNeill (Macon-Bibb County Attorney's Office), Macon, for appellee.
    Case Number: A17A1428

    The trial court properly granted summary judgment to defendant in plaintiff's suit seeking equitable relief based on defendant allegedly signing a contract agreeing to enter into a lease agreement with plaintiff to allow plaintiff to harvest pecans on property that defendant was purchasing but failing to execute the lease agreement.

  • In The Interest Of K. D., et al., Children (Father).

    Publication Date: 2018-03-01
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Bryan Villarreal (Attorney at Law), Cedartown, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta; Penny Hannah (Assistant Attorney General), Atlanta; Shalen Nelson (Senior Assistant Attorney General), Atlanta; Debbie Schindler (SAAG), Newnan, for appellee. Vickey Atkins (Attorney at Law), Rockmart; Robert Brooks (District Attorney), Cedartown, for other party.
    Case Number: A17A1551

    The Court reversed the juvenile court's finding of dependency as to the father, because there was no evidence that any of the children saw or heard the violent exchange between their mother and father and thus no evidence establishing an act of abuse on the part of the father sufficient to warrant a finding of dependency.

  • Leavins v. Nayan Corporation et al.

    Publication Date: 2018-03-01
    Practice Area: Personal Injury | Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: John Fleming (Reynolds Horne & Survant), Macon, for appellant.
    for defendant: Stephanie Glickauf (Goodman McGuffey LLP), Atlanta, for appellee.
    Case Number: A17A1431

    The trial court properly granted summary judgment to defendants in plaintiff's suit arising after she fell in a shower at defendants' hotel, as plaintiff failed to make the required showing that the bathtub presented an unreasonable risk.

  • In The Interest Of J. N., A Child.

    Publication Date: 2018-03-01
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Aaron O'Brien (Thompson O'Brien), Norcross, for appellant.
    for defendant: Tara-Anne Canada (Guardian Ad Litem/Attorney), Lawrenceville; Deana Spencer (Spencer Law, LLC), Lawrenceville, for appellee. Christopher Carr (Attorney General), Atlanta; Penny Hannah (Assistant Attorney General), Atlanta; Shalen Nelson (Senior Assistant Attorney General), Atlanta; Debra Hale (Attorney at Law), Lawrenceville; Kristin Jahn (Special Assistant Attorney General), Atlanta, for other party.
    Case Number: A18A0256

    The trial court erred in granting a child's Guardian Ad Litem a blanket protective order over the GAL's entire file in a dependency action without considering the contents of the file.