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Publication Date: 2024-10-25 Practice Area:Election and Political Law Industry:State and Local Government Court:Georgia Supreme Court Judge:Justice Warren Attorneys:For plaintiff: Bryan Paul Tyson, (The Election Law Group/Taylor English Duma LLP), Atlanta, Bryan Francis Jacoutot, (Taylor English Duma LLP), Atlanta, for appellant. for defendant: Elizabeth T. Young, Charlene Swartz McGowan, Bryan Keith Webb, Christopher M. Carr, (Department of Law), Atlanta, Manoj Sam Varghese, Kayla Polonsky, Jane D. Vincent, Michael Brian Terry, (Bondurant Mixson & Elmore, LLP), Atlanta, for appellee. Case Number: S25A0177
Court affirms disqualification of electors for independent presidential candidates for failure to file petitions in their own names as required by OCGA § 21-2-132
Publication Date: 2024-10-24 Practice Area:Criminal Law | Evidence Industry:Hospitality and Lodging Court:Georgia Court of Appeals Judge:Presiding Judge McFadden Attorneys:For plaintiff: Matthew Nestrud, (Coweta Circuit Public Defender’s Office), Franklin, for appellant. for defendant: John Cranford, (Coweta Judicial Circuit), Newnan, Matthew Moore, (Lookout Mountain Judicial Circuit District Attorney), Lafayette, for appellee. Case Number: A24A1034
Court affirms denial of motion drug suppress evidence found in a hotel room because hotel guest lost a right to privacy after scheduled checkout time
Publication Date: 2024-10-24 Practice Area:Civil Procedure Industry:Construction Court:Georgia Court of Appeals Judge:Judge Markle Attorneys:For plaintiff: Albert Myers, (AL Myers Law, LLC), Decatur, Richard Evins, (The Evins Law Firm LLC), Greenville, for appellant. for defendant: Tammy Archer, Michael Cupp, Griffin, C. Fallon, (Fallon Law PC), Atlanta, for appellee. Case Number: A24A0983
Court vacates default judgment in a residential construction dispute due to invalid service by publication
Publication Date: 2024-10-23 Practice Area:Civil Procedure | Legal Malpractice Industry:Legal Services Court:Georgia Court of Appeals Judge:Presiding Judge Dillard Attorneys:For plaintiff: Jackie Patterson, (Attorney at Law), Atlanta, for appellant. for defendant: Clarence Long, (Attorney at Law), Atlanta, Reginald Winfrey, (The Criminal Defense Law Firm), Atlanta, for appellee. Case Number: A24A1165
Court vacates dismissal of lawsuit against former counsel, citing disqualification of defendant's counsel over conflict of interest
Publication Date: 2024-10-23 Practice Area:Criminal Law | Evidence Industry: Court:Georgia Court of Appeals Judge:Judge Land Attorneys:For plaintiff: David Little, (Wheeler Correctional Facility), Alamo, for appellant. for defendant: Bradford Rigby, (District Attorney’s Office of the Cordele Judicial), Cordele, for appellee. Case Number: A24A1142
Court affirms conviction for aggravated battery and child cruelty over defendant's challenges to sufficiency of evidence, admission of evidence, and claim of ineffective assistance of counsel
Publication Date: 2024-10-22 Practice Area:Trusts and Estates Industry: Court:Georgia Court of Appeals Judge:Judge Rickman Attorneys:For plaintiff: Jeffrey Dean, (Morris & Dean), Dalton, for appellant. for defendant: Mitchell Snyder, Azurae Orie, (The Minor Firm), Dalton, for appellee. Case Number: A24A0986
Court reverses summary judgment in a case alleging fraud and breach of fiduciary duty, finding genuine issues of material fact regarding undue influence
Publication Date: 2024-10-22 Practice Area:Administrative Law | Criminal Law Industry: Court:Georgia Court of Appeals Judge:Chief Judge Mercier Attorneys:For plaintiff: Christopher Carr, Bryan Webb, (Attorney General), Atlanta, Joycelyn Curry, (Georgia Department of Law), Atlanta, Shalen Nelson, Atlanta, for appellant. for defendant: Frank Nelson, (Fleming & Nelson, LLP), Evans, for appellee. Case Number: A24A0995
Court reverses criminal contempt order against State Department, which had been issued on account of the Department's delay in taking custody of a defendant deemed to be incompetent
Publication Date: 2024-10-22 Practice Area:Family Law Industry: Court:Georgia Court of Appeals Judge:Judge Pipkin Attorneys:For plaintiff: Trinity Hundredmark, Dana Lohrberg, (Andersen, Tate & Car, P.C.), Duluth, Robert Thomas, (Burr & Firman LLP), Atlanta, for appellant. for defendant: Joann Sharp, Charlotte Ruble, (Meriwether & Tharp, LLC), Alpharetta, for appellee. Case Number: A24A0961
Court reverses partial denial of motion to enforce prenuptial agreement, which satisfied the framework of the Sherer test under Georgia law
Publication Date: 2024-10-21 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:President Judge McFadden Attorneys:For plaintiff: Andrea Herschberger, (Eastern Circuit Public Defender’s Office), Savannah, for appellant. for defendant: Shalena Jones, Brittany Padgett, (District Attorney’s Office Eastern Judicial Circuit), Savannah, for appellee. Case Number: A24A0796
Court reverses delinquency adjudication, finding that probation order did not clearly impose a condition that the State alleged had been violated for interference with electronic monitoring device
Publication Date: 2024-10-21 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Presiding Judge Dillard Attorneys:For plaintiff: Karen Wilkes, (Tallapoosa Circuit Public Defender), Cedartown, for appellant. for defendant: Oliver Browning, Kayleigh Carter, (Polk County District Attorney’s Office), Cedartown, for appellee. Case Number: A24A0862
Court reverses denial of motion to suppress drug evidence where officers did not have a reasonable suspicion to escalate an encounter and conduct a search of the defendant's vehicle