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  • Tanner v. The State

    Publication Date: 2018-04-04
    Practice Area: Criminal Law | Evidence | Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Teddy Lee Henley (Rome Circuit Public Defender's Office), Rome, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Herbert McIntosh Poston Jr. (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: S17A1417

    The evidence supported defendant's convictions for malice murder and other crimes and he failed to show any actual conflict of interest that adversely affected his lawyers performance in support of his argument that he was denied his Sixth Amendment right to conflict-free counsel at trial.

  • Barnes et al. v. Channel et al.

    Publication Date: 2018-03-19
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Stephen Heuron Robinson (The Law Offices of Stephen H. Robinson), Atlanta, for appellant.
    for defendant: Stephen H. DeBaun (Law Offices of Stephen H. DeBaun, P.C.), Tucker, for appellee.
    Case Number: S17A1357

    The Supreme Court partially vacated the trial courts order granting an injunction in a dispute between siblings over their aunt's estate and remanded the case, holding that most of the relief the trial court granted was not proper interlocutory relief.

  • Stork v. The State

    Publication Date: 2018-03-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Jami L. Lewis (Harrell & Lewis, LLC), Camilla, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-soo Youn (Department of Law), Atlanta; Joseph Kenneth Mulholland, Moruf O. Oseni (South Georgia Judicial Circuit District Attorney's Office), Bainbridge, for appellee.
    Case Number: S17A1854

    Defendant's Claim He Was "Out of His Mind With Rage" Did Not Preclude Jury's Malice Murder Verdict

  • Brown et al. v. RAC Acceptance East, LLC

    Publication Date: 2018-02-28
    Practice Area: Contracts | Dispute Resolution
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Mitchell Le'roux Albert, III (Mitchell L. Albert III & Associates LLC), Atlanta, for appellant.
    for defendant: Glianny Fagundo-Toro, Matthew Robert Rosenkoff (Taylor English Duma LLP), Atlanta; Robert F. Friedman (Littler Mendelson, P.C), Dallas, for appellee.
    Case Number: S17G1097

    The trial court properly found that the delegation provision in the parties arbitration agreement clearly gave the arbitrator, not the courts, the authority to determine that defendant did not waive by prior litigation conduct its right to seek arbitration, and the arbitrators decision on the waiver question could not be properly challenged as legally erroneous.

  • Johnson v. The State

    Publication Date: 2018-02-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Patrick Ervin Chisholm (Office of the Public Defender), Bainbridge, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; Craig Edward Miller, Joseph Kenneth Mulholland, Moruf O. Oseni (South Georgia Judicial Circuit District Attorney's Office), Bainbridge, for appellee.
    Case Number: S17A1479

    The evidence was sufficient to support defendants' convictions arising from the shooting death of one of the defendant's wife's romantic partner and the trial courts finding that the prosecutors peremptory jury strikes were not racially motivated was not clearly erroneous.

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  • Muckle v. The State

    Publication Date: 2017-12-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Margaret Elizabeth Heinen (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Jason Matthew Rea (Department of Law), Atlanta; Kenneth W. Mauldin, Brian Vance Patterson (Western Judicial Circuit District Attorney's Office), Athens, for appellee.
    Case Number: S17A1363

    The evidence supported defendant's conviction for felony murder in connection with the shooting death of his accomplice in an attempted armed robbery and defendant failed to prove his ineffective assistance of counsel claim based on trial counsel's failure to call another accomplice as a witness at trial.

  • White v. The State

    Publication Date: 2017-11-06
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: William A. Morrison (The Morrison Firm), Atlanta, for appellant.
    for defendant: Richard King Bridgeman, George R. Christian (Mountain Judicial Circuit District Attorney's Office), Toccoa; Paula Khristian Smith, Patricia B. Attaway Burton, Christopher M. Carr (Department of Law), Atlanta, for appellee.
    Case Number: S17A1083

    The trial court properly dismissed defendant's pro se motions to withdraw his guilty pleas to felony murder and other crimes because he was represented by counsel when he filed the motions and the filings were therefore legal nullities.

  • Shelley v. Town of Tyrone

    Publication Date: 2017-11-06
    Practice Area: Administrative Law | Civil Procedure | Land Use and Planning
    Industry:
    Court: Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Henry Milton Quillian III, Diane Festin LaRoss (Taylor English Duma, LLP), Atlanta, for appellant.
    for defendant: Laurel E. Henderson (The Balch Law Group), Atlanta; Theodore Paul Meeker III (Sumner Meeker, LLC), Newnan, for appellee.
    Case Number: S17A1064

    The trial court properly granted town's motion for partial summary judgment on plaintiff's declaratory judgment and inverse condemnation claims in connection with certain zoning ordinances because plaintiff failed to exhaust his administrative remedies before seeking relief in the trial court and his as-applied challenges to the zoning ordinances were thus not ripe for judicial review.

  • Ocmulgee EMC et al. v. McDuffie

    Publication Date: 2017-11-02
    Practice Area: Attorney Compensation
    Industry:
    Court: Court of Appeals
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Frederick Lee Hubbs Jr., David Samuel Dix (Hall Booth Smith PC), Atlanta, for appellant.
    for defendant: Blake J. Smith, David Benjamin Ricks (Nelson and Smith, LLC), Macon for appellee. John G. Blackmon, Jr. (Drew Eckl & Farnham, LLP), Atlanta; Ann Baird Bishop (Sponslor, Bishop, Koren & Hammer, PA), Atlanta, for amicus appellant. Douglas Jeffrey Witten (State Board of Workers Compensation), Atlanta, for amicus appellee.
    Case Number: S17G0038

    An employer need not show the availability of suitable employment to justify suspension of workers' compensation benefits after already establishing that an employee's work-related aggravation to a preexisting condition ceased to be the cause of the employee's disability.

  • Johnson v. The State

    Publication Date: 2017-10-31
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Kevin Kwashnak (Public Defender's Office), Americus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham (Department of Law), Atlanta; Plez Higdon Hardin, Lewis Ramon Lamb (Southwestern Judicial Circuit District Attorney's Office), Americus, for appellee.
    Case Number: S17A1105

    The trial court erred in denying defendant's motion for new trial following his convictions for murder and related crimes, because defendant was deprived of an adequate trial transcript and he was thus denied his right to appeal his convictions.