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  • Michael O. Mondy et al. v. Magnolia Advanced Materials, Inc.

    Publication Date: 2018-07-02
    Practice Area: Civil Procedure | Judges
    Industry: Manufacturing
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Michael Oliver Mondy (Michael O. Mondy PC.), Atlanta, for appellant.
    for defendant: Erika Clarke Birg, Peter L. Munk (Nelson Mullins Riley & Scarborough LLP), Atlanta, for appellee.
    Case Number: S17G1478

    When a motion to recuse the trial judge is filed after the judge has orally held a party's attorney in contempt, the recusal motion must be decided before the judge may properly proceed to enter a written contempt order.

  • Johnson v. The State

    Publication Date: 2018-06-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Jonathan Perry Waters (Attorney at Law), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Elizabeth Knight Bobbitt, Karl David Cooke Jr., Dorothy Vinson Hull (Macon Judicial Circuit District Attorney's Office), Macon, for appellee.
    Case Number: S18A0017

    The record supported the trial court's finding that defendant's guilty plea to felony murder was knowing, intelligent and voluntary.

  • Watson v. The State

    Publication Date: 2018-05-21
    Practice Area: Criminal Law | Expert Witnesses
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Daniel Horne Petrey (Dekalb County Public Defender's Office), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta; Jennifer Lynn Brooks, Helen Virginia Peters, Deborah D. Wellborn, Anna Green Cross, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S18A0427

    The Supreme Court affirmed defendant's convictions for felony murder and possession of a firearm as he failed to prove his several ineffective assistance of counsel claims.

  • Meadows v. The State

    Publication Date: 2018-05-10
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Mark Andrew Barnes, Macon; James W. Davis (James W. Davis & Associates), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Karl David Cooke Jr., John Allen Regan, Dorothy Vinson Hull (Macon Judicial Circuit District Attorney's Office), Macon, for appellee.
    Case Number: S18A0314

    Trial Court Declared Mistrial Without Sufficient Factual Support and Without Considering Less Drastic Alternatives

  • McKoy v. The State

    Publication Date: 2018-04-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Thomas McKee West (Thomas M. West, Attorney at Law), Bethlehem, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Vanessa Therese Meyerhoefer (Department of Law), Atlanta; Brian Keith Fortner; Sean Alexander Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S17A1994

    The trial court did not err in striking defendant's direct testimony after he refused to submit to cross-examination in his trial on a charge of malice murder in connection with the shooting death of his estranged wifes girlfriend.

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

    Authors: Michael D. Malfitano

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  • Cooper Tire & Rubber Company v. Koch et al.

    Publication Date: 2018-04-25
    Practice Area: Civil Procedure | Evidence | Products Liability
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Laurie Webb Daniel (Holland & Knight LLP), Atlanta; Reed Thomas Warburton, (Bradley Arant Boult Cummings LLP), Birmingham; George R. Neuhauser (Nall & Miller LLP), Atlanta; Scott Burnett Smith (Bradley Arant Boult Cummings LLP), Huntsville, for appellant.
    for defendant: Katherine Lee McArthur, Caleb Frank Walker, Laura K. Hinson Penn (Katherine L. McArthur LLC), Macon; Tracey Lynn Dellacona (Dellaconna Law Firm), Macon, for appellee. Ashby K. Fox, Louis G. Fiorilla (Burr & Forman LLP), Atlanta; Forrest S. Latta (Burr & Forman LLP), Mobile; Brian David Boone (Alston & Bird LLP), Charlotte; Leonard Searcy II (Shook, Hardy & Bacon, L.L.P.), Kansas City; Philip S. Goldberg (Shook, Hardy & Bacon, LLP), Washington, for amicus appellant. Stephen Christopher Collier (Hawkins & Parnell, LLP), Atlanta; Michael Atkinson Arndt (Hawkins Parnell Thackston & Young, LLP), Atlanta; George Lee Welborn (Downey, Cleveland, Parker & Williams), Marietta, for other party.
    Case Number: S17G0654

    The trial court did not abuse its discretion in denying defendant's motion to dismiss, or alternatively, to bar certain evidence as a sanction for spoliation of evidence, as the record supported the trial court's conclusion that litigation was not reasonably foreseeable when plaintiff destroyed the evidence.

  • The State v. Hudson

    Publication Date: 2018-04-25
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Paul L. Howard Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellant.
    for defendant: Brandon Alexander Bullard (Georgia Public Defender Council), Atlanta, for appellee. Randee J. Waldman (The Barton Juvenile Defender Clinic), Atlanta, for amicus appellee.
    Case Number: S17G0739

    The trial court erred in reducing juvenile defendant's sentence for armed robbery because the discretion given to sentencing courts by O.C.G.A. § 49-4A-9 (e) is limited by the mandatory minimum sentence requirements of O.C.G.A. § 17-10-6.1; accordingly, the Supreme Court reversed the Court of Appeals judgment to the extent it affirmed that reduced sentence.

  • Hood v. The State

    Publication Date: 2018-04-11
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Veronica M. O'Grady (GPDC Appellate Division), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta; Deborah D. Wellborn, Anna Green Cross, Sherry Boston (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S17A1753

    The evidence supported defendant's convictions for felony murder and other crimes in connection with the shooting death of one person and the aggravated assault of another during a drug deal and the trial court did not plainly err in its jury charges.

  • Owens v. The State

    Publication Date: 2018-04-09
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: S17A1905

    The Georgia Supreme Court directed the Council of Superior Court Judges of Georgia to submit to the Court, no later than Sept. 17, 2018, a proposed Uniform Rule of Superior Court designed to address the issue of inordinate and unjustified delays between a defendant's trial and the direct appeal reaching the Court.

  • Byron v. The State

    Publication Date: 2018-04-05
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Michael Walter Gowen (Tifton Judicial Circuit Public Defender's Office), Tifton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Clifford Paul Bowden, Robert Alan Rogers, Jennifer Dawn Hart (Tifton Judicial Circuit District Attorney's Office), Tifton; Kevin Eugene Hutto (Office of the District Attorney), Tifton, for appellee.
    Case Number: S17A1555

    The evidence supported defendant's convictions for malice murder and other crimes arising from an argument in the parking lot of a club and defendant failed to prove his ineffective assistance of counsel claims.