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  • Terry v. Old Hat Chimney, LLC

    Publication Date: 2021-09-13
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Ben Brodhead, Ashley Fournet, John Nichols, (Brodhead Law, LLC), Atlanta, Chloe Dallaire, (Weinberg, Wheeler, Hudgins, Gunn & Dial), Atlanta, Richard Caplan, (Office of the Fulton County District Attorney), Atlanta, for Appellant.
    for defendant: James Merritt, (Vernis & Bowling of Atlanta, LLC), Atlanta, Matthew Moffett, (Gray, Rust, St. Amand Moffett & Brieske, LLP), Atlanta, Christopher Perniciaro, (Martenson Hasbrouck & Simon LLP), Atlanta, for Appellee.
    Case Number: A19A1104

    Court reverses partial summary judgment grant for an employer in a negligence action, noting that the respondeat superior rule has been abrogated by OCGA §51-12-33.

  • Leach v. Warner

    Publication Date: 2021-09-13
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Jeffrey Leeper, (Busch, Reed & Jones, P.C.), Marietta, Chad Reed, (Attorney at Law), Marietta, for Appellant.
    for defendant: Ms J. Putt, (The Siemon Law Firm), Cumming, for Appellee.
    Case Number: A21A0774

    Court affirms order awarding visitation rights to a minor child's paternal grandmother over objections from the child's mother as to the supporting evidence

  • Turkia v. The State

    Publication Date: 2021-09-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Steven Miller, (Attorney at Law), Summerville, for Appellant.
    for defendant: Penny Penn, Courtney Moore, (Forsyth County District Attorney's Office), Cumming, for Appellee.
    Case Number: A21A1013

    Court affirms convictions for aggravated battery and other crimes over defendant's challenge to how trial court responded to notes from jury, and to jury instructions

  • 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

  • Sims v. The State

    Publication Date: 2021-09-10
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: G. Stepp, (G. Richard Stepp, P.C.), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Tristan Gillespie, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A21A1350

    Evidence Supported Jury's Finding Defendant Forced Ex-Girlfriend Into His Car and Held Her Against Her Will While He Drove Away

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    Authors: Scott T. Tross

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  • Blake v. Tribe Express, Inc. et al.

    Publication Date: 2021-09-09
    Practice Area: Personal Injury
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Minerva Steele, (Steele Law, LLC), Atlanta, for Appellant.
    for defendant: James Parks, (Attorney at Law), Dahlonega, Austin Perry, (McClure, Ramsay, Dickerson & Escoe), Toccoa, Michael Hostetter, (Nall & Miller, LLP), Atlanta, for Appellee.
    Case Number: A21A0672

    Court affirms summary judgment for employer in a dispute over whether an employee was within the scope of his employment when an accident occurred

  • 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

  • Prado v. The State

    Publication Date: 2021-09-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: Darrell Reynolds, (Darrell B. Reynolds, P.C.), Decatur, for appellant.
    for defendant: Tasha Mosley, Karen Barbour, (Clayton Judicial Circuit District Attorney's Office), Jonesboro, for appellee.
    Case Number: A21A0918

    Defendant Who Pleaded Guilty Could Not Later Claim Evidence Was Insufficient to Support Conviction

  • Jefferson v. The State

    Publication Date: 2021-09-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Rodney Zell, (Zell & Zell, P.C.), Savannah, for Appellant.
    for defendant: Elizabeth Baker, (Griffin Judicial Circuit District Attorney Fayette County District Attorney's Office), Fayetteville, Benjamin Coker, (District Attorney), Thomaston, Marie Broder, (Spalding County District Attorney's Office), Griffin, for Appellee.
    Case Number: A20A0214

    Curt affirms convictions for kidnapping and other crimes over defendant's contentions of insufficient evidence, identification error, and ineffective assistance

  • Cantrell v. The State

    Publication Date: 2021-09-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Lee Fitzpatrick, (Attorney at Law), Woodstock, for Appellant.
    for defendant: Benny Martin, Barbara Sosebee, (Assistant District Attorney), Blue Ridge, for Appellee.
    Case Number: A21A0773

    Court affirms convictions for child molestation and sexual battery over defendant's challenge to sufficiency of evidence and contentions of trial court error