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  • Lester v. The State

    Publication Date: 2018-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Kevin A. Anderson, for appellant.
    for defendant: Paul L. Howard, Jr., District Attorney, F. McDonald Wakeford IV, Assistant District Attorney, for appellee.
    Case Number: A17A1007

    The Court affirmed defendant's conviction for aggravated assault for striking his former girlfriend in the face with a pool stick, ultimately resulting in the loss of her eye, as the trial court did not abuse its discretion in barring defendant's counsel from asking certain questions during voir dire and did not err in denying defendant's motion to strike the venire after State displayed demonstrative versions of a pool stick in the courtroom during voir dire.

  • Whaley v. The State

    Publication Date: 2018-02-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: The Merchant Law Firm, Ashleigh B. Merchant, John B. Merchant III, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, Amelia G. Pray, John S. Melvin, Assistant District Attorneys, for appellee.
    Case Number: A17A0848

    The evidence supported defendant's conviction on one count of violation of Georgias RICO Act for acquiring money and property through a pattern of racketeering activity in violation of O.C.G.A. § 16-14-4 (a) and the trial court did not plainly err in admitting extrinsic act evidence of defendant's prior guilty plea to theft by taking.

  • In the Interest of R. C. et al., children.

    Publication Date: 2018-02-06
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: LeGault Legal, Michelle R. LeGault, for appellant.
    for defendant: Christopher M. Carr, Attorney General, Annette M. Cowart, Deputy Attorney General, Shalen S. Nelson, Penny L. Hannah, Senior Assistant Attorneys General, Marie Y. Watson, Assistant Attorney General, for appellee.
    Case Number: A17A1277

    The Court reversed the termination of mother's parental rights to her two minor children, holding that she was denied due process based on improper service by publication.

  • EMM Credit, LLC v. Alexander Remington et al.

    Publication Date: 2017-12-06
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Bret Thrasher, Sarah Newman (Thompson, O'Brien, Kemp & Nasuti, P. C.), Norcross, for appellant.
    for defendant: Robert Koski (The Koski Firm), Sarasota; Grace Tillman (Richard C. Wayne & Associates, PC.), Atlanta; Steven Lefkoff (Lefkoff Law, LLC), Atlanta; Scott King (Jacobs King & Wallack LLC), Atlanta, for appellee.
    Case Number: A17A1031

    The trial court properly found that creditor's fraudulent transfer claim was not assignable.

  • Whaley v. The State

    Publication Date: 2017-11-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Ashleigh Merchant (The Merchant Law Firm, PC), Marietta, for appellant.
    for defendant: Amelia Pray (District Attorney's Office, Cobb Judicial Circuit), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A17A0848

    The evidence supported defendant's conviction for a RICO violation after he and his fianc stole over $800,000 from her employer by writing unauthorized checks from the employer's account.

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  • Carpenter v. The State

    Publication Date: 2017-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: August Siemon (Attorney at Law), Atlanta, for appellant.
    for defendant: Marie Banks (Houston County District Attorney), Perry; George Hartwig (District Attorney Houston Judicial Circuit), Perry, for appellee.
    Case Number: A17A1354

    Defendant failed to prove his ineffective assistance of counsel claim based on trial counsel's failure to object to the victim's in-court identification, because any objection would have been meritless and failure to raise a meritless objection does not constitute deficient performance; however, the trial court erred in failing to merge certain counts for sentencing.

  • St. Joseph's Hospital of Atlanta, Inc. v. Gardner Sewell Hall et al.

    Publication Date: 2017-11-03
    Practice Area: Business Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Stephen Sparwath (Owen, Gleaton, Egan, Jones & Sweeny, LLP), Atlanta, for appellant.
    for defendant: Richard Mitchell, Patrick O'Connor (Mitchell & Shapiro LLP), Atlanta, for appellee.
    Case Number: A17A0824

    The trial court erred in denying hospital's motion to dismiss plaintiff's slip and fall suit arising after he fell on black ice in the parking lot, because there were no questions of fact remaining as to whether the hospital had superior knowledge of the patch of black ice on which plaintiff fell or whether its remedial efforts to clear the parking deck of snow and ice contributed to the icy conditions.

  • Austin v. The State

    Publication Date: 2017-10-27
    Practice Area: Judges
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Robert Barr (Attorney at Law), Atlanta; Brannon Burroughs (Law Office of Bob Barr), Sandy Springs, for appellant.
    for defendant: Anne Allen (Assistant District Attorney Coweta Judicial Circuit), Carrollton; Peter Skandalakis (District Attorney Coweta County District Attorney's Office), Lagrange; Ashley Hurley (Okelley & Sorohan LLC), Duluth, for appellee.
    Case Number: A17A1151

    The trial court did not err in denying defendant's petition to seal records pursuant to O.C.G.A. 42-8-62.1, Georgia's statute limiting public access to first offender records in the custody of the clerk of court, because defendant's guilty plea to repeated violations of public trust in connection with his dental profession authorized the trial court to conclude that defendant's interest in having the documents sealed was far outweighed by the public's interest in having the records available.

  • Thompson v. The State

    Publication Date: 2017-10-20
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Kevin Anderson (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Robert James (District Attorney), Decatur; Sherry Boston (DeKalb County District Attorney), Decatur; Deborah Wellborn (Assistant District Attorney), Decatur, for appellee.
    Case Number: A17A0676

    The trial court did not abuse its discretion in overruling defendant's objection to a statement the prosecutor made in her closing argument or in failing to rebuke the prosecutor because the prosecutor's comment was a reasonable inference raised by the evidence.

  • Suggs v. The State

    Publication Date: 2017-10-19
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Justin Williams (Williams & Williams Law Firm, LLC), Alpharetta, for appellant.
    for defendant: Stephanie Woodard (Solicitor General), Gainesville; Daniel Sanmiguel (Hall County Solicitor's Office), Gainesville, for appellee.
    Case Number: A17A0841

    The trial court properly denied defendant's motion to suppress all evidence surrounding and including his arrest for DUI-less safe after a sheriff deputy conducted a traffic stop in his appointed territory but performed a DUI investigation and arrested defendant outside of the territorial boundary of his law enforcement agency.