• Williams v. The State

    Publication Date: 2022-01-24
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Ivery Williams, (Jenkins Correctional Facility), Millen, for appellant.
    for defendant: George Barnhill, (District Attorney), Waycross, John Rumker, (Assistant District Attorney), Douglas, for appellee.

    Case Number: A21A1654

    Trial Court Did Not Abuse Discretion in Concluding Two-Year Delay Did Not Violate Defendant's Speedy Trial Rights

  • McNeal v. The State

    Publication Date: 2022-01-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Howard Anderson, (Law Office of Howard W. Anderson, III, LLC), Pendleton, for appellant.
    for defendant: Joshua Smith, Jared Williams, (District Attorney's Office Augusta Judicial Circuit), Augusta, for appellee.

    Case Number: A21A1482

    Court affirms convictions for incest and sexual battery over defendant's challenges to sufficiency of evidence and contentions of error and ineffective assistance of counsel

  • Dentistry for Children of Georgia et al. v. Foster et al.

    Publication Date: 2022-01-21
    Practice Area: Discovery
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Michael Bailey, Michael Frankson, Randolph Powell, Paige Mckinney, (Huff Powell & Bailey LLC), Atlanta, Michael Wright, Sybil Newton, (Starnes Davis Florie LLP), Birmingham, for appellant.
    for defendant: Lee Atkinson, Andrew Hill, (Blasingame, Burch, Garrard & Ashley, PC), Athens, Dustin Davies, (Hasty Pope LLP), Gainesville, Davis Loftin, Jeffrey Mykkeltvedt, (Mykkeltvedt & Loftin, LLC), Atlanta, John Mabrey, (The Mabrey Firm, P.C.), Atlanta, James Matthews, (Blackwood, Matthews & Steel), Athens, Jonathan Pope, (Hasty Pope LLP), Canton, William Armstrong, (Attorney at Law), Marietta, Alexandra Hughes, (Carlock Copeland & Stair, LLP), Atlanta, Kathryn Burmeister, (Burmeister Law Firm, LLC), Roswell, Bryan Sutlive, (Sutlive & Associates, LLC), Atlanta, for appellee.

    Case Number: A21A1746

    Court affirms harsh sanction of precluding defendants from defending claims in a personal injury case due to defendants' willful failure to respond to discovery

  • Bowles v. The State

    Publication Date: 2022-01-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Randall Sharp, (Sharp Georgia Law Firm), Smyrna, for appellant.
    for defendant: John Edwards, Flynn Broady, (District Attorney Cobb Judicial Circuit), Marietta, for appellee.

    Case Number: A21A1602

    Court affirms convictions for first degree burglary and loitering or prowling over defendants challenges regarding sufficiency of evidence and assistance of counsel

  • The State v. Arroyo

    Publication Date: 2022-01-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Fani Willis, Juliana Sleeper, Dustin Lee, (Fulton County Office of the District Attorney), Atlanta, for appellant.
    for defendant: Lauren Shubow, (Attorney at Law), Atlanta, Steven Phillips, (Public Defender), Atlanta, Kerrel McCrimons, (Fulton County Public Defender), Atlanta, for appellee.

    Case Number: A21A1358

    Court affirms ruling suppressing evidence of cocaine after officers conducted a K-9 open-air sniff near an apartment door deemed to be part of the apartment's curtilage

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    Infobeans cogito test

    Authors: Stephen Fishman

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  • Ron Johnson, Jr. Enterprises, Inc. v. Hartry et al.

    Publication Date: 2022-01-18
    Practice Area: Civil Procedure
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Richard Foster, Elizabeth Bentley, (Swift Currie McGhee & Hiers, LLP), Atlanta, John Stewart, Amanda Smith, (Hall, Bloch, Garland & Meyer, LLP), Macon, for appellant.
    for defendant: Michael Warshauer, Trent Shuping, (Warshauer Law Group, P.C.), Atlanta, for appellee.

    Case Number: A21A0302

    Court reverses an order that re-transferred venue back to the original County in which the case originated

  • Ansley Walk Condominium Association, Inc. et al. v. The Atlanta Development Authority d/b/a Invest Atlanta et al.

    Publication Date: 2022-01-14
    Practice Area: Class Actions
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Scott Morris, Joseph Jacobson, (Holt Ney Zatcoff & Wasserman, LLP), Atlanta, Steven Wald, Michael Smith, (Stewart, Wald & McCulley, LLC), St. Louis, for appellant.
    for defendant: Robert Alpert, Jeffrey Douglass, Douglas Hance, (Morris Manning & Martin, LLP), Atlanta, Jeffrey Zachman, Nathan Garroway, Jeffrey Zachman, (Dentons US LLP), Atlanta, for appellee.

    Case Number: A21A1623

    Court affirms denial of class certification as to inverse condemnation and trespass claims because of differences in putative class members' claims

  • American Anesthesiology of Georgia, LLC v. Northside Hospital, Inc.

    Publication Date: 2022-01-13
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Meredith Allen, Jeffrey Clark, (McGuire Woods LLP), Charlotte, Stanley Roberts, Matthew Fitzgerald, (McGuire Woods LLP), Richmond, for appellant.
    for defendant: Stephen Bauer, Jeffrey Baxter, (Baker Hostetler, LLP), Atlanta, Joshua Bosin, Robert Highsmith, Allen Hendrick, Jacquelyn Watts, (Holland & Knight LLP), Atlanta, Wesley Ross, (Webb, Tanner & Powell), Lawrenceville, for appellee; Kathryn McConnell, (Littler Mendelson PC), Atlanta, Paul Kennedy, (Littler Mendelson, P.C.), Washington, William Vail, (Polsinelli PC), Atlanta, for other party.

    Case Number: A21A1644

    Court reverses ruling that a no-hire restrictive covenants clause in an agreement between two health care providers is unenforceable

  • Fossier v. The State

    Publication Date: 2022-01-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: James Luttrell, (Attorney at Law), Canton, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Harold Buckler, Lee Darragh, (District Attorney, NEJC of GA), Gainesville, Christopher Carr, Paula Smith, (Assistant Attorney General), Atlanta, for appellee.

    Case Number: A21A1735

    Child Victim's Failure to Identify Defendant in Open Court Did not Preclude Jury's Conclusion Defendant Was Perpetrator

  • Bowser v. The State

    Publication Date: 2022-01-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Calvin Bowser, Daly City, for appellant.
    for defendant: Flynn Broady, Samuel D'entremont, (District Attorney Cobb Judicial Circuit), Marietta, for appellee.

    Case Number: A21A1583

    Criminal defendant's pro se motion to appeal was a legal nullity because his counsel never submitted a petition to withdraw and defendant was still represented by counsel