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  • Farmer v. The State

    Publication Date: 2024-04-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Rahmaan Bowick, (Augusta Circuit Public Defender’s Office), Augusta, Jay Kim, (Georgia Public Defender Council), Augusta, for appellant.
    for defendant: Joshua Smith, Larry Smith, Jared Williams, (District Attorney’s Office Augusta Judicial Circuit), Augusta, for appellee.
    Case Number: A23A1677

    Court reverses denial of motion to suppress evidence in a burglary case, highlighting the limits of police authority in encounters and searches

  • Glass et al. v. Faircloth et al.

    Publication Date: 2024-04-11
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Letitia McDonald, Lohr Beck-Kemp, Peter Diaz, (King & Spalding LLP), Atlanta, Robert Reeves, Thomas Tate, Robert Thomas, Dana Lohrberg, (Andersen, Tate & Car, P.C.), Duluth, Nathan Hovey, (Georgia Department of Law), Atlanta, Mandi Goodman, Atlanta, for appellant.
    for defendant: Gerald Davidson, (Mahaffey Pickens Tucker, LLP), Lawrenceville, J. Randolph Evans, Derek Centola, (Squire Patton Boggs), Atlanta, James Lamberth, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Dara Mann, (Squire Patton Boggs LLP), Atlanta, James Manley, Jill Kuhn, (Troutman Sanders LLP), Atlanta, Zachary Johnson, (Georgia Department of Law), Atlanta, Charli Davis, Atlanta, for appellee.
    Case Number: A23A1402

    Court reverses injunction for former trustees' legal fees in Trust dispute, and affirms that no reimbursement of fees paid to former trustees is required

  • Rutherford v. The State

    Publication Date: 2024-04-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: William Hewitt, (Appellate Attorney GPDC), Savannah, for appellant.
    for defendant: John Fitzner, (Middle Judicial Circuit), Atlanta, Jessica Wilson, (District Attorney’s Office, Middle Judicial Circuit), Lyons, for appellee.
    Case Number: A23A1516

    Court affirms multiple convictions against defendant for assault and rape against his estranged wife, citing substantial evidence and rejecting claims of error and ineffective counsel

  • Harco National Insurance Company v. Eric Knowles, Inc. et al.

    Publication Date: 2024-04-10
    Practice Area: Insurance Law
    Industry: Insurance | Mining and Resources
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Kenan Loomis, (Cozen O’Connor), Atlanta, for appellant.
    for defendant: Hillary Shawkat, (Lueder, Larkin & Hunter), Alpharetta, for appellee; Richard Staggard, (Farah and Farah, P.A.), Jacksonville, for other party.
    Case Number: A23A1263

    Court reverses denial of summary judgment as to an insurer's claim that a worker's injuries were not covered by a commercial liability policy due to policy exclusions for workplace injuries

  • State v. De La Paz

    Publication Date: 2024-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Carlton Hayes, David McElyea, (Cherokee County Solicitor-General’s Office), Canton, for appellant.
    for defendant: Jeffery Dickerson, (Attorney at Law), Kennesaw, for appellee.
    Case Number: A23A1769

    Court affirms suppression of drug test results because an underlying warrant was specifically limited to alcohol testing with no mention of testing for drugs

  • 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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  • Lovell v. The State

    Publication Date: 2024-04-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: Kevin Gough, (Attorney at Law), Brunswick, for appellant.
    for defendant: Charles Higgins, (District Attorney’s Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney’s Office, Brunswick Judicial Circuit), Kingsland, for appellee.
    Case Number: A23A1484

    Court affirms denial of defendant's request to present additional mitigating evidence on resentencing for obscene Internet contact with a child and related crimes

  • Blowe v. Roberts et al.

    Publication Date: 2024-04-10
    Practice Area: Education Law
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Sun Choy, Jacob Daly, (Freeman Mathis Gary, LLP), Atlanta, for appellant.
    for defendant: Larry Stewart, Dianna Lee, Michael Roth, (Stewart Miller Simmons Trial Attorneys), Atlanta, Maxwell Thelen, Seth Lowry, (Ashby Thelen Lowry), Marietta, for appellee.
    Case Number: A23A1470

    Court reverses a ruling and finds that a teacher's actions in classroom chemistry experiment were discretionary, not ministerial, and affirms that ordinances and safety codes do not create ministerial duties

  • Everett v. Parker

    Publication Date: 2024-04-09
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: John Monroe, (John Monroe Law, P.C.), Dawsonville, for appellant.
    for defendant: Paul Parker, Rome, for appellee.
    Case Number: A23A1534

    Court reverses issuance of stalking protective order for insufficient evidence of stalking victim's emotional distress or reasonable fear

  • Ferguson et al. v. Kennestone Hospital, Inc.

    Publication Date: 2024-04-09
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Mercier
    Attorneys: For plaintiff: Maxine Ferguson, Marietta, for appellant.
    for defendant: William Gordon, (Downey & Cleveland, LLP), Atlanta, for appellee.
    Case Number: A23A1589

    Court affirms dismissal of medical malpractice claims due to plaintiff's failure to include a professional affidavit with the complaint, but reverses judgment on a battery claim related to consent

  • Soundara v. AMB Sports & Entertainment, et al.

    Publication Date: 2024-04-09
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Alexandria Seay, Rishi Pattni, (Bird Law Group), Atlanta, T. Bell, (Bell Injury Law, LLC), Atlanta, for appellant.
    for defendant: Ronald Gaither, Mitchell Robinson, Jarvarus Gresham, (BakerHostetler LLP), Atlanta, for appellee; Joseph Rahimi, John Hubert, (Rahimi, Hughes & Padgett, LLC), Savannah, Marc Bardack, (Freeman, Mathis & Gary, LLP), Atlanta, Carlos Fernandez, (Meriwether & Tharp LLC), Atlanta, for Other party.
    Case Number: A23A1449

    Court affirms summary judgment for a stadium and security in an injury case involving a brawl, but reverses summary judgment for defendants as to injured victims assault and battery claims