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  • Romich v. All Secure, Inc. et al.

    Publication Date: 2021-11-02
    Practice Area: Civil Appeals
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Cheryl Romich, Kathleen, for appellant.
    for defendant: Joseph Angersola, Rachel Mathews, Stacy Drackwicz, (Swift Currie McGhee & Hiers LLP), Atlanta, for appellee.
    Case Number: A21A1713

    Court dismisses appeal that was filed pro se because appellant was still represented by counsel of record at the time of the filing of the notice of appeal

  • State v. Bowman

    Publication Date: 2021-11-01
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Donald Donovan, Anthony Williams, (Assistant District Attorney), Dallas, Matthew Rollins, (Paulding Circuit District Attorney's Office), Dallas, for appellant.
    for defendant: Keegan Gary, Hunter Rodgers, (Paulding Judicial Circuit Public Defender's Office), Dallas, for appellee.
    Case Number: A20A1873

    Court reverses grant of defendant's motion for discharge and acquittal, finding that his right to a speedy trial was not violated even though petit jury was not sworn in.

  • Chambers v. The State

    Publication Date: 2021-10-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Nicole Jones, (Jones, Federal & Appellate, LLC), Douglasville, for appellant.
    for defendant: Elizabeth Racine, Aimee Sobhani, (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A21A1158

    Burglary Conviction Supported by Evidence Defendant Lacked Permission to Enter Victim's Home

  • Benton v. The State

    Publication Date: 2021-09-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Steven Sparger, (Attorney at Law), Savannah, for appellant.
    for defendant: Shalena Jones, Abigail Long, (Eastern Judicial Circuit District Attorney's Office), Savannah, for appellee.
    Case Number: A21A1118

    Jury's Conclusion Defendant Stabbed Victim Obviated Claim That Instruction Failed to Specify How Offense Was Committed

  • Johnson v. The State

    Publication Date: 2021-09-09
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Frier, (Attorney at Law), Atlanta, for appellant.
    for defendant: Fani Willis, Aslean Eaglin, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A21A1054

    Defendant Impliedly Consented to Mistrial By Failing to Object

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Goforth v. The State

    Publication Date: 2021-08-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: William Carlan, (Carlan Law, LLC), Canton, for appellant.
    for defendant: Rosemary Greene, Sharon Fox, (Gordon County District Attorney's Office), Calhoun, Erle Newton, (Office of the District Attorney), Cartersville, for Appellee.
    Case Number: A21A0793

    Court affirms methamphetamine trafficking and sale convictions over defendant's challenge to trial court's admission of identification testimony from two witnesses

  • Sons of Confederate Veterans et al. v. Newton County Board of Commissioners

    Publication Date: 2021-08-19
    Practice Area: Civil Procedure
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Timothy King, (Hodges, McEachern & King), Peachtree City, for appellant.
    for defendant: Megan Martin, Patrick Jaugstetter, (Jarrard & Davis, LLC), Cumming, for appellee; Mawuli Davis, (The Davis Bozeman Law Firm PC), Decatur, Maryum Jordan, (Lawyers' Committee for Civili Rights Under Law), Washington, for AM.
    Case Number: A21A0734

    Court affirms dismissal of cases on the basis of plaintiffs' lack of standing to sue over removal of Confederate monument

  • Beasley et al. v. Georgia Department of Corrections

    Publication Date: 2021-08-05
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Tracey Pruiett, Joseph Dinardo, Stephen Reams, (Smith, Currie & Hancock LLP), Atlanta, for appellant.
    for defendant: Christopher Carr, Kathleen Pacious, Loretta Pinkston-Pope, (Senior Assistant Attorney General), Atlanta, Kathleen Turnipseed, Angela Cusimano, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A21A0593

    Assault-and-Battery Exception to GTCA's General Waiver of State's Immunity Bars 'Public Nuisance' Claims Against GDOC

  • Duncan et al. v. Rawls et al.

    Publication Date: 2021-07-05
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Michael Foust, Allan Parks, David Walbert, (Parks, Chesin & Walbert, P. C.), Atlanta, for appellant.
    for defendant: David Balser, John Toro, Letitia McDonald, Julia Barrett, (King & Spalding, LLP), Atlanta, for appellee.
    Case Number: A21A0258

    Court affirms that a trust's in terrorem clause applied to the trust beneficiaries' claim for tortious interference and that they had no claim for breach of fiduciary duty

  • Emory Healthcare, Inc. et al. v. Farrell

    Publication Date: 2021-06-28
    Practice Area: Dispute Resolution | Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Stannard, (Attorney at Law), Atlanta, Alan Payne, (Bendin Sumrall & Ladner, LLC), Atlanta, Stephen Sparwath, Kyle Sparwath, (Owen Gleaton Egan Jones & Sweeney LLP), Atlanta, Anna Fretwell, (Huff, Powell & Bailey, LLC), Atlanta, Kristin Malcolm, (Insley & Race, LLC), Atlanta, for appellant.
    for defendant: Kenneth Sissel, (Attorney at Law), Lilburn, for appellee. Kurt Kastorf, (Kastorf Law), Atlanta, or AM.
    Case Number: A21A0173

    Court affirms denial of motion to compel arbitration in a medical malpractice case where provider relied on a previously-executed arbitration agreement