• Allen v. The State

    Publication Date: 2024-06-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Peterson
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Case Number: S24A0171

    In a sharply divided opinion, court reverses malice murder conviction due to failure to instruct jury on voluntary manslaughter

  • Howard v. The State

    Publication Date: 2024-06-27
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Peterson
    Attorneys: For plaintiff: John Walter Donnelly, (Western Judicial Circuit Public Defender), Athens, for appellant.
    for defendant: Deborah Gonzalez, (Western Circuit District Attorney’s Office), Athens, John Allen Regan, (Prosecuting Attorney’s Council of Georgia), Morrow, for appellee.

    Case Number: S23G1037

    Court rules that adjudication of guilt upon revocation of first-offender status is directly appealable, and reverses appellate court judgment that dismissed appeal for lack of jurisdiction

  • Worth County School District v. Tibbetts

    Publication Date: 2024-06-27
    Practice Area: Contractual Disputes | Government
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Grant E. McBride, Matthew Chase Collum, (Smith, Welch, Webb & White LLC), McDonough, for appellant.
    for defendant: Charles E. Cox, Jr., (Charles E. Cox, Jr., LLC), Macon, for appellee; Phillip L. Hartley, Stephen Duane Pereira, (Pereira, Kirby, Kinsinger & Nguyen, LLP), Lawrenceville, for Amicus Appellant.

    Case Number: S23G0791

    Court reverses appellate court opinion and concludes that a former teacher's breach of contract action was barred by sovereign immunity because a valid contract had not been formed

  • Smith et al. v. The State

    Publication Date: 2024-06-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: Christopher Scott Anulewicz, Wayne R. Beckermann, (Bradley Arant Boult Cummings LLP), Atlanta, Douglas Ray McMillan, (Shingler & McMillan LLC), Bainbridge, for appellant.
    for defendant: Joseph Kenneth Mulholland, Christopher Michael Quinn, (South Georgia Judicial Circuit District Attorney’s Office), Bainbridge, for appellee; Lynsey M Barron, (Barron Law LLC), Atlanta, Daniel L. Alban, Anna J. Goodman, (Institute For Justice), Arlington, Paul Oliver, Les A. Schneider, (Wimberly Lawson Steckel Schneider & Stine, P.C.), Atlanta, Thomas Leland Walker, (Vernis & Bowling of Atlanta, LLC), Atlanta, for Amicus Appellant.

    Case Number: S23G0701

    Court reverses and remands civil asset forfeiture case, finding that the State's complaint failed to adequately allege essential elements of theft by taking.

  • Redfearn v. Moore et al.

    Publication Date: 2024-06-26
    Practice Area: Contracts | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Laurie Daniel, Atlanta, John Smith, (Young Thagard Hoffman, Smith & Lawrence), Valdosta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellant.
    for defendant: Ben Brodhead, Ashley Fournet, Michael Arndt, (Brodhead Law, LLC), Atlanta, Orlando Ojeda, (Ojeda Legal, LLC), Atlanta, Michael Terry, (Bondurant Mixson & Elmore), Atlanta, for appellee; David Atkinson, Sarah Daley, (Swift Currie McGhee & Hiers, LLP), Atlanta, for other party.

    Case Number: A24A1028

    Court affirms denial of motion to enforce a settlement agreement in a wrongful death action due to defendant's non-compliance with the strict terms of the offer

  • Harris v. The State

    Publication Date: 2024-06-25
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Betsey Tate, (Office of the Circuit Public Defender, Southwestern Judicial Circuit), Americus, for appellant.
    for defendant: Lewis Lamb, Cania Brown-Gordon, (Southwestern District Attorney’s Office), Americus, for appellee.

    Case Number: A24A0583

    Court reverses trial court's denial of motion to suppress due to lack of probable cause in a search warrant affidavit to collect evidence from a car's electronic control module

  • State v. Jones

    Publication Date: 2024-06-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Keith Gammage, Steven Rosenberg, (Fulton County Solicitor General), Atlanta, for appellant.
    for defendant: Iqukema Jones, Atlanta, for appellee.

    Case Number: A24A0558

    Court reverses dismissal of traffic offenses, where dismissal was based on the statute of limitations, due to miscalculation of COVID-19 tolling period

  • Ward v. The State

    Publication Date: 2024-06-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Frances Kuo, Atlanta, for appellant.
    for defendant: Benjamin Kenemer, Walter Eddy, (Whitfield County District Attorney’s Office), Dalton, for appellee.

    Case Number: A24A0174

    Court affirms conviction for family violence battery, rejecting defendant's multiple challenges to evidence and jury instructions

  • Scrudder, Bass, Quillian, Horlock, Lazarus & Adele, LLP v. Barken et al.

    Publication Date: 2024-06-21
    Practice Area: Legal Ethics and Attorney Discipline
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Laurie Daniel, Atlanta, Skyler McDonald, (Webb Daniel Friedlander LLP), Tampa, for appellant.
    for defendant: Andrew Rogers, William D’Antignac, Gilbert Deitch, Kara Phillips, (Deitch & Rogers, LLC), Atlanta, John Hadden, (Penn Law, LLC), Atlanta, G Spears, (Spears & Filipovits, LLC), Atlanta, for appellee; Robert Ware, Pearson Cunningham, (Hall Booth Smith), Atlanta, Russell Britt, (Attorney at Law), Atlanta, Michael Wynter, (City of Atlanta- Department of Law), Atlanta, for other party; Rusi Patel, (Georgia Municipal Association, Inc.), Atlanta, for AM.

    Case Number: A24A0159

    Court reverses sanctions against law firm, where sanctions had been awarded on account of law firm's failure to timely disclose conflict of interest

  • City of College Park et al. v. Steele

    Publication Date: 2024-06-20
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Sun Choy, Jacob Daly, (Freeman Mathis Gary, LLP), Atlanta, for appellant.
    for defendant: Michael McCulley, Tareek Abdel-Aleem, (The Aleem Law Firm), Atlanta, for appellee.

    Case Number: A24A0143

    Court reverses decision denying City's motion to dismiss due to insufficient ante litem notice, finding that plaintiff's demand for "approximate" damages was insufficient