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  • Georgia Association of Professional Process Servers, et al. v. Jackson, Sheriff, et al

    Publication Date: 2017-11-10
    Practice Area: Civil Procedure
    Industry:
    Court: Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Michael Travis Foust, Allan Leroy Parks Jr. (Parks, Chesin & Walbert, PC.), Atlanta, for appellant.
    for defendant: Steven Eric Rosenberg, Ashley Jenell Moore Palmer (Office of the Fulton County Attorney), Atlanta; Deborah Lynn Dance, Lauren Smith Bruce (Cobb County Attorney's Office), Marietta; Richard A. Carothers (Carothers & Mitchell, LLC), Buford; Nikisha Lynette McDonald (DeKalb County Law Department), Decatur; Jack R. Hancock, Arash Ali Sabzevari (Freeman Mathis & Gary, LLP), Forest Park; Kenneth Edward Jarrard, Kenneth Paul Robin (Jarrard & Davis, LLP), Cumming; Donald Andrew Cronin, Jr. (O'Quinn & Cronin LLC), McDonough, for appellee.
    Case Number: S17A1079

    The trial court did not err in granting summary judgment to the sheriffs of seven counties on process servers' petition for mandamus because process servers failed to show that the sheriffs violated any clear legal duty by exercising their discretion under O.C.G.A. 9-11-4.1 to determine, as a threshold matter, whether certified process servers may act in their respective counties.

  • McNeal v. The State

    Publication Date: 2017-11-01
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: Eric J. Taylor (Office of the Public Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Aimee F. Sobhani, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1290

    The evidence supported defendant's convictions for malice murder and related crimes and the trial court did not err in refusing to give defendant's requested charge on accident, as the evidence did not support such a charge.

  • The State v. Wilkins

    Publication Date: 2017-10-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: Jerome M. Rothschild Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta, for appellant.
    for defendant: Robert Warren Attridge Jr. (Law Offices of Robert W. Attridge Jr. PA), Tybee Island; Robert Lawrence Persse (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S17A0873

    The trial court did not abuse its discretion in granting defendant's pretrial motion in limine to exclude incriminating statements his co-defendant made with regard to a double murder, as the evidence supported the trial court's conclusion that the co-defendant did not make the challenged statements "in furtherance of the conspiracy" and the statements, therefore, did not fall within the exception to the hearsay rule provided by O.C.G.A. 24-8-801 subsection (d) (2) (E).

  • Spencer v. The State

    Publication Date: 2017-10-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: Thomas James Thomas, Thomas Webb & Willis, Atlanta, for appellant.
    for defendant: John Andrew Pipkin III, William Barney Kennedy III, Meredith Chafin Florio (Henry County Solicitor General's Office), McDonough for appellee.
    Case Number: S16G1751

    The Court of Appeals erred in holding that the trial court properly admitted a police officer's testimony correlating the results of a Horizontal Gaze Nystagmus test with a numeric blood alcohol content; accordingly, the Supreme Court reversed the Court of Appeals' decision affirming defendant's DUI-less safe conviction.

  • Provenzano v. Jones

    Publication Date: 2017-10-23
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: David Jonathan Beaudry, Joann Brown-Williams, Robin Krystle Love (Meriwether & Tharp LLC), Alpharetta, for appellant.
    for defendant: Charles McCall Medlin, Winfield Lennard Pollidore, Erica Faith Byrd (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, for appellee.
    Case Number: S17A0688

    The trial court did not abuse its discretion in reducing husband's alimony obligation pursuant to Georgia's "live-in lover" law, O.C.G.A. 19-6-19 subsection (b), because wife voluntarily cohabited in "a meretricious relationship with a third party."

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    New Jersey Employment Law 2024

    Authors: Rosemary Alito

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  • Williams v. Heard

    Publication Date: 2017-10-09
    Practice Area: Election and Political Law | Judges
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: Henry E. Williams (McCall Williams, LLC), Albany, for appellant
    for defendant: Lawton Chad Heard, Jr. (Tyson Heard, LLC), Camilla, for appellee.
    Case Number: S17A1004

    Candidate's challenge to the results of a primary election for a seat on a county board of education was moot because the general election had already taken place and she took no action to ensure that her challenge to the primary election results was considered in a timely manner.

  • Neely v. The State

    Publication Date: 2017-10-06
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: Matthew Benjamin Bennett (Bennett & Connell, LLC), Adel, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; J. David Miller, Jessica Whittington Clark, Michelle Thomas Harrison (Southern Judicial Circuit District Attorney's Office), Valdosta, for appellee.
    Case Number: S17A1145

    The evidence supported defendant's convictions for malice murder and possession of a firearm in the commission of a felony and he failed to prove that his trial counsel rendered ineffective assistance in failing to call a number of witnesses.

  • White v. The State

    Publication Date: 2017-10-05
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: Cynthia White, Alto, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Daniel J. Porter, Lee Franklin Tittsworth (Gwinnett Circuit District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S17A0874

    The trial court properly denied appellant's pro se "Petition for Resentencing Under the First Offenders Act" following her 1992 convictions for felony murder and cruelty to children in the death of her 3-year-old son, because the prosecuting attorney did not consent to the filing of the petition as required under O.C.G.A. 42-8-66.

  • Bennett v. Etheridge

    Publication Date: 2017-10-02
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: Andrew Thelston Mosley II (Drew Mosley LLC), Lawrenceville, for appellant.
    for defendant: Dexter Maynard Wimbish (Attorney at Law), McDonough, for appellee.
    Case Number: S17A0762

    The habeas court erred in dismissing appellant's motion for new trial following an order discharging the payment of restitution and any arrearage for back child support by the purported biological father of appellant's minor child because, contrary to the habeas court's conclusion, appellant had standing to challenge the court's judgment.

  • Scott v. The State

    Publication Date: 2017-09-29
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: Juwayn Haddad (Haddad Law Group LLC), Tucker, for appellant
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Paul L. Howard Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A0721

    Although the evidence supported defendant's convictions for felony murder, aggravated assault, possession of a firearm in commission of a felony and possession of a firearm by a convicted felon, the Court vacated his sentence and remanded for resentencing based on a merger error.