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  • Mincey v. The State

    Publication Date: 2021-08-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Nancy DeVetter, (DeVetter Law Firm), Tybee Island, Adnan Sultan, (Innocence Project), New York, for appellant.
    for defendant: Margaret Heap, (District Attorney), Savannah, Charles Higgins, (District Attorney's Office for the Brunswick Judicial Circuit), Brunswick, Shalena Jones, (Eastern Judicial Circuit), Savannah, Bradley Thompson, Amanda McCool, (Chatham County District Attorney's Office), Savannah, for appellee.
    Case Number: A21A0618

    Trial Court Erred in Finding That Latex Gloves Recovered From 1996 Robbery Were Not Available and in a Condition to Permit DNA Testing

  • Threatt v. Threatt

    Publication Date: 2021-08-05
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Obréziah Bullard, (Law Offices of McGuire and Bullard), McDonough, for appellant.
    for defendant: Verne Edwards, (The Edwards Law Group), Atlanta, for appellee.
    Case Number: A21A0637

    After Wife Failed to Attend Status Hearing, Trial Court Erred in Immediately Holding a Final Hearing Without Providing Notice to Wife

  • Durham v. Dollar Tree Stores, Inc. et al.

    Publication Date: 2021-08-05
    Practice Area: Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Erica Durham, Opelika, for appellant.
    for defendant: Rebecca Strickland, Nelofar Agharahimi, (Swift, Currie, McGhee & Hiers, LLC), Atlanta, for appellee.
    Case Number: A21A0624

    Trial Court Erred by Issuing an Incomplete Jury Instruction on Apportionment in Premises Liability Action; Denial of Motion for New Trial Remanded

  • Beasley et al. v. Georgia Department of Corrections

    Publication Date: 2021-08-05
    Practice Area: Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Tracey Pruiett, Joseph Dinardo, Stephen Reams, (Smith, Currie & Hancock LLP), Atlanta, for appellant.
    for defendant: Christopher Carr, Kathleen Pacious, Loretta Pinkston-Pope, (Senior Assistant Attorney General), Atlanta, Kathleen Turnipseed, Angela Cusimano, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A21A0593

    Assault-and-Battery Exception to GTCA's General Waiver of State's Immunity Bars 'Public Nuisance' Claims Against GDOC

  • Foreman v. The State

    Publication Date: 2021-08-04
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Amy Ihrig, Savannah, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, (Attorney General), Atlanta, Margaret Heap, (District Attorney), Savannah, Nancy Smith, (Assistant District Attorney), Savannah, Shalena Jones, (Eastern Judicial Circuit), Savannah, Paula Smith, (Assistant Attorney General), Atlanta, for appellee.
    Case Number: A21A0554

    Competency Statute Grants Trial Court Jurisdiction to Rehear and Reconsider Whether Defendant Met Criteria for Civil Commitment

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    Authors: Stephen Fishman

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  • Mcdaniel v. The State

    Publication Date: 2021-08-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: David Williams, (Western Circuit Public Defender's Office), Athens, for appellant.
    for defendant: Deborah Gonzalez, Victoria Goff, (Western Judicial Circuit District Attorney's Office), Athens, Kenneth Mauldin, (District Attorney), Athens, for other party.
    Case Number: A21A0590

    Sentences Imposed for Two Counts of Child Cruelty Are Vacated and Remanded for Re-Sentencing; Trial Court Employed Improper Analysis to Answer Merger Question

  • Macky v. The State

    Publication Date: 2021-08-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Ryan Locke, (Locke Law Firm, LLC), Atlanta, for appellant.
    for defendant: Joshua Smith, Natalie Paine, Henry Syms, Jared Williams, (District Attorney's Office Augusta Judicial Circuit), Augusta, for appellee.
    Case Number: A21A0571

    Court Remands Guilty Verdict on 25 Counts of Sexual Exploitation of a Minor for Resentencing, in Light of Recent Decision That Calls for the Merging of the Convictions Into a Single Conviction

  • Walker v. The State

    Publication Date: 2021-08-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Daniel Wells, (Office of the Flint Judicial Circuit Public Defender), McDonough, for appellant.
    for defendant: Darius Pattillo, Sharon Hopkins, (Henry County District Attorney's Office), McDonough, for appellee.
    Case Number: A21A0591

    Evidence Was Insufficient to Sustain Conviction for Violation of a Sexual Offender Restriction; State Failed to Show Defendant Committed Crime That Required Registration on or After Certain Date

  • Waters v. Waters

    Publication Date: 2021-08-04
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Jeffrey Butler, (Woodward & Butler, LLC), Augusta, for Appellant.
    for defendant: James Overstreet, Katherine Williams, (Klosinski Overstreet, LLP), Augusta, for Appellee
    Case Number: A21A0092

    Court reverses partial summary judgment grant where material questions of fact existed as to the identity of the person who signed a warranty deed in a land transfer.

  • Soles v. The State

    Publication Date: 2021-08-04
    Practice Area: Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Robert Cabe, (Mayo | Hill), Macon, for appellant.
    for defendant: Rebecca Grist, (Solicitor General), Macon, Kristen Murphy, (Bibb County Soliciotr Generals Office), Macon, for appellee.
    Case Number: A21A0580

    Evidence Was Sufficient to Support Conviction for DUI/Less Safe to Drive; Offense Does Not Require Evidence of Chemical Analysis of Bodily Substances