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  • Clark v. The State

    Publication Date: 2021-04-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: David Marshall, (Law Office of David D. Marshall), Marietta, for appellant.
    for defendant: Flynn Broady, Linda Dunikoski, John Melvin, (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: A21A0135

    Court affirms family violence and related convictions over defendant's contentions of trial court error on a withdrawn plea, and ineffective assistance of counsel

  • UHS of Anchor, L.P. d/b/a Southern Crescent Behavioral Health System v. Georgia Department of Community Health et al.

    Publication Date: 2021-04-26
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Robert Threlkeld, (Morris Manning & Martin, LLP), Atlanta, Anthony Cestaro, Decatur, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Marial Ellis, Roxana Tatman, Rachel King, (Dept. of Community Health), Atlanta, Daniel Walsh, (Department of Law, State of Georgia), Atlanta, Forrest Pearce, (Pearce, LLC), Atlanta, Christopher Anulewicz, Austin Alexander, (Balch & Bingham LLP), Atlanta, for appellee.
    Case Number: A19A0425

    Court vacates its original opinion and adopts Supreme Court opinion addressing the Department of Health's authority to require a Certificate of Need for a hospital expansion

  • Moffitt v. The State

    Publication Date: 2021-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Kenneth Sheppard, (Attorney at Law), Smyrna, for appellant.
    for defendant: Fani Willis, (The Law Offices of Fani T. Willis, LLC), Atlanta, Paul Howard, David Getachew-Smith, (Fulton County District Attorney), Atlanta, Tristan Gillespie, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A21A0388

    Court affirms denial of defendant's motion to modify his enhanced sentence where enhancement was based on out-of-state child molestation conviction

  • Hughes v. The State

    Publication Date: 2021-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Jessica Towne, (Clark & Towne, P.C.), Lawrenceville, for appellant.
    for defendant: Penny Penn, Sandra Partridge, (Chief Assistant District Attorney Office of District Attorney), Cumming, for appellee.
    Case Number: A21A0025

    Court affirms convictions for rape, incest, and child molestation over defendant's argument that his speedy trial rights had been denied

  • Willis v. The State

    Publication Date: 2021-04-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Thomas Mondelli, Decatur, for appellant.
    for defendant: Elizabeth Baker, (Griffin Judicial Circuit District Attorney Fayette County District Attorney's Office), Fayetteville, Marie Broder, (Spalding County District Attorney's Office), Griffin, for appellee.
    Case Number: A21A0425

    Court affirms convictions for armed robbery and other crimes over defendant's contentions that the State failed to disprove his coercion defense and evidentiary error

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    Private Equity Funds: Business Structure and Operations

    Authors: James M. Schell, Kristine M. Koren, Pamela Lawrence Endreny

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  • In Re Estate of McLendon

    Publication Date: 2021-04-23
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: William Tiku, (Tiku & Associates PC), Marietta, for appellant.
    for defendant: John Neville, (Neville & Cunat, LLP), Cumming, for appellee. Harold McLendon, Temple, Carrie Trotter, (Attorney at Law), Cartersville, for other party.
    Case Number: A21A0325

    Court Upholds Probate Court's Conclusion That Testimony of Witnesses to the Will Did Not Overcome Presumption of Validity

  • Timothy Franzen, Intervenor et al. v. City of Atlanta

    Publication Date: 2021-04-23
    Practice Area: Real Estate | Tax
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: John Woodham, (Woodham Law, LLC), Atlanta, Carranza Pryor, (LSU Health Sciences Center – Shreveport), Shreveport, for appellant.
    for defendant: Matthew Calvert, Laura Wagner, (Hunton Andrews Kurth LLP), Atlanta, Fani Willis, (The Law Offices of Fani T. Willis, LLC), Atlanta, Robert Highsmith, (Holland & Knight LLP), Atlanta, Paul Howard, (Fulton County District Attorney), Atlanta, Alvin Kendall, Douglass Selby, (Attorney at Law), Atlanta, Richard Sinkfield, (Rodgers & Hardin LLP), Atlanta, Keith Wiener, (Holland & Knight), Atlanta, for appellee.
    Case Number: A21A0259

    Trial Court Properly Agreed With the City's View That Redevelopment of an Area in Downtown Atlanta Serves a Beneficial Purpose

  • Frady v. The State

    Publication Date: 2021-04-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge McFadden
    Attorneys: For plaintiff: Jacob Stidham, (Banks, Stubbs, & McFarland), Cumming, for appellant.
    for defendant: Penny Penn, Michael Mahoney, Sandra Partridge, (Office of the District Attorney, Bell-Forsyth Judicial Circuit), Cumming, for appellee.
    Case Number: A21A0159

    Trial Court Did Not Err in Allowing Evidence of Prior Acts of Child Molestation of Which Defendant Was Acquitted

  • Auto-Owners Insurance Company v. Parker

    Publication Date: 2021-04-23
    Practice Area: Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Sylvia Cobb, (Law Offices of Andrews and Manganiello/Geico Staff Counsel), Tucker, Michael Kendall, (Kendall Law Group, LLC), Douglasville, for appellant.
    for defendant: Charles Adams, (Kenneth S. Nugent, P.C.), Macon, David Rainwater, (Rainwater & Gibbs, L.L.P.), Cordele, for appellee. William Purvis, (Young Thagard Hoffman Smith Lawrence & Shenton), Valdosta, for appellee.
    Case Number: A21A0474

    Truck Involved in Fatal Accident Did Not Meet Definition of an Uninsured Automobile Under Insurance Policy or Georgia's Uninsured Motorist Statute

  • Palencia v. The State

    Publication Date: 2021-04-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Colvin
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Drew Unger, Daniel Porter, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A21A0163

    Court affirms convictions and sentence for burglary, rape, and other charges over defendant's contentions of trial court error and ineffective assistance of counsel