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  • Hambrick v. The State

    Publication Date: 2020-02-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Cara Clark, (GPDC Appellate Division), Atlanta, for appellant.
    for defendant: Paul Howard, Kevin Armstrong, (Office of the District Attorney), Atlanta, for appellee.
    Case Number: A19A2455

    Court affirms defendant's rape, child molestation, and other convictions over his multiple contentions of error and ineffective assistance of counsel.

  • Wilbur et al. v. Floyd

    Publication Date: 2020-02-25
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, F. Moffett, (Moffett Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Jerry Landers, (Attorney at Law), Marietta, for appellee.
    Case Number: A19A2321

    Court reverses summary order on probating a will and remands case for proceedings on whether a will was properly attested

  • Miller v. The State

    Publication Date: 2020-02-25
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Benjamin Pearlman, (Office of the Public Defender Western Judicial Circuit), Athens, for appellant.
    for defendant: William Britt, (Office of the District Attorney - Western Judicial Circuit), Athens, Kenneth Mauldin, (District Attorney), Athens, for appellee.
    Case Number: A19A2229

    Court vacates defendant's sentence and remands case for resentencing because his prior nolo contendere conviction does not count for recidivist sentencing

  • Board of Trustees of Georgia Military College v. O'Donnell

    Publication Date: 2019-12-10
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Robert Bunner, Christopher Carr, Kathleen Pacious, Loretta Pinkston-Pope, (Assistant Attorney General), Atlanta, for appellant.
    for defendant: Caleb Walker, (Katherine L. McArthur, LLC), Macon, Katherine McArthur, Jessica Edmonds, (McArthur Law Firm), Macon, for appellee.
    Case Number: A19A1312

    State military college had sovereign immunity to tort claims brought by a student under the discretionary function exception to waiver of immunity

  • Sosa v. The State

    Publication Date: 2019-12-09
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Cristobal Lara Sosa, Pelham, for appellant.
    for defendant: Elizabeth Baker, John Fowler, (Clayton County District Attorney's Office), Jonesboro, Tasha Mosley, Tracy Lawson, (District Attorney), Jonesboro, Charles Brooks, (Office of the Solicitor General of Clayton County), Jonesboro, for appellee.
    Case Number: A19A1149

    Court vacates order denying defendant's motion for an out-of-time appeal because trial court did not conduct an inquiry into claims of ineffective assistance of counsel

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  • Davis et al. v. John Crane, Inc.

    Publication Date: 2019-12-09
    Practice Area: Products Liability
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Robert Buck, (Buck Law Firm), Peachtree Corners, for appellant.
    for defendant: Ollie Harton, Catherine McCormack, Jenna Fowler, (Hawkins Parnell & Young, LLP), Atlanta, Robert Gilbreath, (Hawkins Parnell & Young, LLP), Dallas, for appellee. Thomas Soderberg, (Attorney at Law), Atlanta, Shubhra Mashelkar, George Green, (Weinberg, Wheeler, Hudgins, Gunn & Dial, LLC), Atlanta, Stephen Collier, Nicholas Fox, (Hawkins, Parnell, Thackston & Young), Atlanta, Uchenna Ekuma-Nkama, (Dentons US LLP), Atlanta, Jibran Shermohammed, (Orange Barrel Media), Atlanta, Elizabeth J. Lewis, (Butler Snow LLP), Atlanta, James Hollis, (Balch & Bingham LLP), Atlanta, Ivan Gustafson, Lucille Andres, (Evert Weathersby Houff), Atlanta, for other party.
    Case Number: A19A1137

    Court reverses grant of summary judgment in favor of company that supplied asbestos parts, but affirms for equipment manufacturer that did not use asbestos

  • City of Alpharetta v. Hamby et al.

    Publication Date: 2019-12-04
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Sara Brochstein, Dana Maine, (Freeman Mathis & Gary, LLP), Atlanta, for appellant.
    for defendant: Dennis Cathey, Rebecca Payne, (Cathey & Strain, LLC), Cornelia, Thomas Dowdy, (Attorney at Law), Cornelia, for appellee.
    Case Number: A19A0856

    Court reversed personal injury verdict and rules in favor of a City over an injured party

  • Fordham v. The State

    Publication Date: 2019-12-03
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Darius Pattillo, Sharon Hopkins, (Henry County District Attorney's Office), McDonough, for appellee.
    Case Number: A19A1575

    Emergency Responder's Expression of Opinion as to Whether Victim's Injuries Were Accidental Did Not Invade Jury's Province as Fact-Finder

  • Old Republic National Title Insurance Company v. RM Kids, LLC

    Publication Date: 2019-11-07
    Practice Area: Damages | Insurance Law | Real Estate
    Industry: Insurance | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: William Brown, (Heyman and Sizemore, LLC), Marietta, Edward Burch, Edward Wasmuth, (Smith, Gambrell & Russell), Atlanta, for appellant.
    for defendant: Sherri Buda, Bryan Knight, (Knight Johnson LLC), Atlanta, for appellee.
    Case Number: A19A0971

    Title Insurance Company Was Liable For Damages Resulting From Failure to Include Encumbrance in Chain of Title

  • In Re Estate of Robert A. Johnson

    Publication Date: 2019-11-04
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: John Donsbach, (Donsbach Law Group, LLC), Martinez, for appellant.
    for defendant: Troy Lanier, (Troy A. Lanier, P.C.), Augusta, for appellee.
    Case Number: A19A1537

    Sons of deceased father cannot seek a declaration to interpret his will without violating the in terrorem clause in that will