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  • Martinez-Arias v. The State

    Publication Date: 2020-08-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Matthew Cavedon, (Northeastern Circuit Public Defender's Office), Gainesville, for appellant.
    for defendant: Lee Darragh, (District Attorney, Nejc of GA Northeastern Judicial Circuit), Gainesville, Anna Fowler, (Hall County District Attorney's Office), Gainesville, for appellee.
    Case Number: A20A1080

    Trial Court Did Not Err in Admitting Testimony From Child Molestation Victim's School Counselor; Testimony Was Admissible as Lay Opinion Evidence

  • The State v. Gilmore

    Publication Date: 2020-07-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Leigh Patterson, Luke Martin, Morgan Bottger, (Floyd County District Attorney's Office), Rome, for appellant.
    for defendant: Sean Lowe, (Assistant Public Defender), Ringgold, Jonathan Hamrick, (Rome Circuit Public Defender Office), Rome, for appellee.
    Case Number: A20A0189

    Confidential informant's video recording of a drug deal was barred under Confrontation Clause because informant was unavailable for cross-examination

  • Hunter v. The State

    Publication Date: 2020-07-17
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Deborah Leslie, (The Leslie Group, LLC), Jonesboro, for appellant.
    for defendant: Paul Howard, Tristan Gillespie, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A20A0491

    Court affirms conviction for conspiracy to purchase marijuana over contentions of insufficient evidence, trial court error, and ineffective assistance of counsel

  • Joseph v. Certain Underwriters at Lloyd's London

    Publication Date: 2020-07-16
    Practice Area: Insurance Litigation | Legal Malpractice
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Harry MacDougald, Cullen Wilkerson, (Caldwell, Propst & Deloach, LLP), Atlanta, for appellant.
    for defendant: William Bryant, Kim Jackson, (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, Blakely Frye, (Hill, Kertscher & Wharton, LLP), Atlanta, for appellee. Julia Stone, James Cobb, Benjamin Cheesbro, (Caplan Cobb LLP), Atlanta, for other party.
    Case Number: A20A0111

    Court reverses summary judgment for an insurer in a professional liability case because of the trial court's misinterpretation of facts and other open factual matters

  • Shaum v. The State

    Publication Date: 2020-07-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Robin Flores, (Robin Flores - Attorney), Chattanooga, for appellant.
    for defendant: Herbert Franklin, (District Attorney), Lafayette, for appellee.
    Case Number: A20A0228

    Court affirms defendant's convictions for attempt to commit child molestation and attempt to entice a child for indecent purposes

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Oates v. The State

    Publication Date: 2020-07-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David Lock, (David T. Lock, LLC), Savannah, for appellant.
    for defendant: Margaret Heap, Emily Puhala, (District Attorney), Savannah, for appellee.
    Case Number: A20A0282

    Court affirms rape, statutory rape, and child molestation convictions over defendant's contentions of insufficient evidence and trial court error

  • McCall v. Cooper Tire & Rubber Company

    Publication Date: 2020-07-02
    Practice Area: Civil Procedure | Personal Injury
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Cale Conley, Scott Farrow, William Owens, (Conley Griggs Partin, LLP), Atlanta, for appellant.
    for defendant: Christopher Anulewicz, (Balch & Bingham LLP), Atlanta, Patrick Arndt, George Neuhauser, (Nall & Miller, LLP), Atlanta, Douglas Horelick, (Clyde & Co US LLP), Miami, for appellee. Rian Ervin, (The Suggs Law Firm, P.C.), Atlanta, Neal Scott, (Law Office of Terry-Dawn Thomas), Atlanta, for other party.
    Case Number: A20A0933

    Court reverses order that granted foreign corporation's motion to dismiss on personal jurisdiction grounds because that corporation was a resident for purposes of personal jurisdiction

  • Zeigler v. Zeigler et al.

    Publication Date: 2020-07-01
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Damon Zeigler, (Johnson State Prison), Wrightsville, for appellant.
    for defendant: Cynthia Zeigler, Helen Blackshear, Macon, for appellee.
    Case Number: A20A0399

    Court reverse trial court's denial of a prisoner's motion to compel the Bureau of Prisons to transport him to a civil court and remands for a hearing on the matter

  • Mule v. The State

    Publication Date: 2020-06-25
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Joshua Weiss, (Cavett, Abbott & Weiss, PLLC), Chattanooga, for appellant.
    for defendant: Patrick Clements, (Walker County Solicitor General's Office), Lafayette, Alan Norton, (Luther-Anderson, PLLP), Chattanooga, Christopher Townley, (Attorney at Law), Rossville, for appellee.
    Case Number: A20A0458

    Court affirms conviction for reckless driving over defendant's multiple contentions of error

  • Rodriguez v. The State

    Publication Date: 2020-06-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Rodney Zell, (Zell & Zell, P.C.), Savannah, for appellant.
    for defendant: Jacquelyn Johnson, Thomas Buscemi, (District Attorney's Office, Brunswick Judicial Circuit), Brunswick, for appellee.
    Case Number: A20A0404

    Court affirms convictions and enhanced sentence for child molestation and incest even though the issue of the victim's age was not submitted to the jury