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Publication Date: 2013-04-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Dillard, Stephen Louis A.
Attorneys: For plaintiff: David Smith, Cedartown, for appellant.
for defendant: Robert Brooks, John Browning, District Attorneys, Cedartown, Gary Bergman, Special Assistant District Attorney, Atlanta, and Charles Spahos, Solicitor General, McDonough, for appellee.
Case Number: A13A0578
The Child Hearsay Statute did not require the trial court to conduct a pre-trial hearing to determine the reliability of the child victim's hearsay statements or make a finding of sufficient indicia
Publication Date: 2013-04-10
Practice Area:
Industry:
Court: Court of Appeals
Judge: Dillard, Stephen Louis A.
Attorneys: For plaintiff: Robert Stansfield, Covington, for appellant.
for defendant: . Michael Waldrop Waldrop & Bootcheck LLC, Conyers, for appellees.
Case Number: A12A2202; A12A2251; A12A2252
The record was insufficient to allow the trial court to determine the threshold issue of whether the plaintiffs represented a majority of the church membership and thus had standing to contest the d
Publication Date: 2013-03-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Dillard, Stephen Louis A.
Attorneys: For plaintiff: Jamie Inagawa, Solicitor General, and Joseph Myers, Assistant Solicitor General, Fayetteville, for appellant.
for defendant: George Creal, Forest Park, for appellee.
Case Number: A12A1830
The defendant was not entitled to Miranda warnings at the time the officer conducted the field-sobriety tests, as he was not in custody, despite the fact that he was not permitted to
Publication Date: 2013-03-05
Practice Area:
Industry:
Court: Court of Appeals
Judge: Dillard, Stephen Louis A.
Attorneys: For plaintiff: Sidney Moore Summerville Moore PC, Atlanta, and Michael Werner, Tucker, for appellant.
for defendant: Thomas Brennan and Elliot Tiller Fain, Major & Brennan PC, Atlanta, for appellee.
Case Number: A12A2464
A notation on a settlement check stating that it was for "Full and final settlement of any and all claims. . ." did not constitute a counteroffer, deviating from the terms of the limited re
Publication Date: 2013-01-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Dillard, Stephen Louis A.
Attorneys: For plaintiff: Megan Pulsts, Public Defender, Monroe, for appellant.
for defendant: Layla Zon, District Attorney, Covington, and Vanessa Webber, Assistant District Attorney, Monroe, for appellee.
Case Number: A12A1993
The juvenile court did not err in extending a juvenile's prob for two years after he repeatedly failed to complete the conditions of his prob
Law Journal Press | Digital Book
Authors: Michael D. Malfitano
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Publication Date: 2013-01-22
Practice Area:
Industry:
Court: Court of Appeals
Judge: Dillard, Stephen Louis A.
Attorneys: For plaintiff: Mario Williams Williams Oinonen LLC, Atlanta, for appellant.
for defendant: Robert Brooks, John Browning, District Attorneys, and Andrew Garland, Assistant District Attorney, Cedartown, for appellee.
Case Number: A12A1853
The Court of Appeals vacated the judgment for the State in a civil forfeiture case because the trial court failed to make findings of fact and conclusions of law on the r
Publication Date: 2012-12-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Dillard, Stephen Louis A.
Attorneys: For plaintiff: Katherine Mason, Augusta, for appellant.
for defendant: Richard Mallard, District Attorney, Statesboro, for appellee.
Case Number: A12A1738
The defendant's DNA matched samples collected from the burglary victim's broken bedroom window and a screwdriver found on top of her refrige
Publication Date: 2012-11-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Dillard, Stephen Louis A.
Attorneys: For plaintiff: Allegra Lawrence, Laurance Warco, Lee Peifer Sutherland Asbill & Brennan LLP, Atlanta, and Thomas Bundy III Sutherland Asbill & Brennan LLP, DC, for appellant.
for defendant: . Roy Barnes, John Salter, and Charles Bailey The Barnes Law Group LLC, Marietta, for appellees.
Case Number: A12A0824
Sovereign immunity barred the plaintiff teachers' suit against th ol district asserting, among other claims, declaratory judgment, unjust enrichment, promissory estoppel, and conversion after t
Publication Date: 2012-11-20
Practice Area:
Industry:
Court: Court of Appeals
Judge: Dillard, Stephen Louis A.
Attorneys: For plaintiff: Andrew Thompson Smith Gambrell & Russell LLP, Atlanta, for appellant.
for defendant: Patricia Barmeyer, Lewis Jones King & Spalding, Samuel S. Olens, Attorney General, Isaac Byrd, Deputy Attorney General, and John E. Hennelly, Assistant Attorney General, Atlanta, for appellees.
Case Number: A12A0979
The superior court erred in elevating the status of the Georgia Environmental Protection Division's implementation procedures to that of a formal rule when it directed the ALJ, on remand, to apply t
Publication Date: 2012-11-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Dillard, Stephen Louis A.
Attorneys: For plaintiff: Marion Waters and Stephanie Rockwell Speed, Seta & Waters LLC, Lawrenceville, for appellant.
for defendant: . Benjamin Johnson Silver & Archibald LLP, Athens, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Comp., and Pamela Orenstein, Clements & Sweet LLP, Atlanta.
Case Number: A12A1067
The trial court properly found that some evidence supported the ALJ's finding that the employee suffered a new injury and, accordingly, the statute of limitations did not bar his workers' compensati
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