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  • Department of Public Safety v. Ragsdale

    Publication Date: 2020-04-08
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Robert Lee Bunner, Kathleen M. Pacious, Loretta L. Pinkston-Pope, Andrew Alan Pinson, Christopher M. Carr, Ross Warren Bergethon, (Department of Law), Atlanta, for appellant.
    for defendant: Edward Victor Cornel Silverbach, (The Silverbach Group, LLC), Kennesaw, Charles Madden Cork, III, (Law Offices of Charles M. Cork, III), Decatur, for appellee. Terry Eugene Williams, (Williams Morris & Waymire, LLC), Buford, for other party.
    Case Number: S19G0422

    Tort Claims Act's 12-Month Ante Litem Notice Period Is Not Subject to Tolling Under OCGA §9-3-99 When the Tort at Issue Arises From a Crime

  • Bowen et al. v. Savoy et al.

    Publication Date: 2020-04-08
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Patrick W. McKee, (Law Office of Patrick W. McKee, LLC), Newnan, for appellant.
    for defendant: Robert Scott Carlson, Lauren Jill Miller, Harry W. MacDougald, (Caldwell, Propst & Deloach, LLP), Atlanta, for appellee.
    Case Number: S19G0278

    To Show a Proper Case for Opening Default, Defendant Need Not Provide a Reasonable Explanation for Failure to File a Timely Answer

  • Kilpatrick v. The State

    Publication Date: 2020-04-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: James Kenneth Luttrell, Canton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick, (Department of Law), Atlanta, Ryan Reese Leonard, Sean Alexander Garrett, (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S19A1580

    Victim's Alleged Membership in Motorcycle Gang, Unknown to Appellant at the Time, Was Not Admissible as to Appellant's Justification Defense

  • Parham v. Stewart

    Publication Date: 2020-04-07
    Practice Area: Election and Political Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: John Ryd Bush Long, (John R. B. Long, P.C.), Augusta, for appellant.
    for defendant: Edward Jerome Tarver, (Enoch Tarver P.C.), Augusta, for appellee.
    Case Number: S19A1498

    Appellant Challenging Results of Mayoral Special Election Failed to Show That Enough Illegal Votes Had Been Cast to Change to Place in Doubt the Election's Result

  • Tolbert v. The State

    Publication Date: 2020-04-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Randall Paul Sharp, (Sharp Georgia Law Firm), Smyrna, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-soo Youn, (Department of Law), Atlanta, Julia Anne Fessenden Slater, Benjamin E. Gephardt, (Chattahoochee Judicial Circuit District Attorney's Office), Columbus, for appellee.
    Case Number: S19A1579

    Trial Court Did Not Err by Denying Malice Murder Defendant's Post-Arrest Statements to Police or by Admitting 'Similar Transaction' Evidence

  • Edwards v. The State

    Publication Date: 2020-04-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Kenneth Wayne Sheppard, (Kenneth W. Sheppard, P.C.), Smyrna, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-soo Youn, (Department of Law), Atlanta, Paul L. Howard, Jr., Marc A. Mallon, Lyndsey Hurst Rudder, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S19A1577

    Trial Court in Felony Murder Case Did Not Abuse Discretion in Admitting a Recording of a Recording of a Telephone Call; Voice Was Authenticated and Recording Was Not Hearsay

  • State v. Hamilton

    Publication Date: 2020-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Gregory W. Edwards, Harold Ronald Moroz, Jeremy R. Hager, (Dougherty County District Attorney's Office), Albany, for appellant.
    for defendant: William Joseph Godfrey, (W.J. Godfrey Attorney at Law, LLC), Albany, for appellee.
    Case Number: S19A1363

    Court affirms order granting immunity from prosecution for felony murder to wife who claimed self-defense after killing her husband

  • McElrath v. The State

    Publication Date: 2020-04-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Herman Maddox Kilgore, Carlos Javier Rodriguez, (Kilgore & Rodriguez, LLC), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Meghan Hobbs Hill, Christopher M. Carr, (Department of Law), Atlanta, Amelia Greeson Pray, D. Victor Reynolds, Joyette Marie Holmes, (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S19A1361

    Court vacates insanity-based not guilty and guilty verdicts because they were repugnant

  • Sawyer v. The State

    Publication Date: 2020-04-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Bethel
    Attorneys: For plaintiff: Daniel Horne Petrey, (Dekalb County Public Defender's Office), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Michael Alexander Oldham, Christopher M. Carr, (Department of Law), Atlanta, Paul Emily Kathleen Richardson, Sherry Boston, Destiny H. Bryant, Elizabeth Haase Brock, (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S19A1341

    Court affirms felony murder convictions over defendant's arguments on ineffective assistance of counsel regarding evidentiary issues

  • Hyden v. The State

    Publication Date: 2020-04-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Melton
    Attorneys: For plaintiff: Howard W Anderson, III, (Law Office of Howard W. Anderson III, LLC), Pendleton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, David Parks White, Elizabeth Haase Brock, (Dekalb County District Attorney's Office), Decatur, Meredith MacKenzie Head, (Northern Judicial Circuit District Attorney's Office), Carnesville, for appellee.
    Case Number: S19A1496

    Evidence Presented at Trial Was Sufficient to Support Kidnapping Conviction Under Standard Set Forth in Garza v. State