• Martin v. The State

    Publication Date: 2023-10-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Leslie Jones, (Leslie Spornberger Jones LLC), Athens, for appellant.
    for defendant: George Christian, (District Attorney’s Office Mountain Judicial Circuit), Clayton, Suzanne Boykin, (Chief Assistant District Attorney), Toccoa, for appellee.

    Case Number: A23A1138

    Court reverses order that had revoked a defendant's first offender status and remands for discharge because defendant was never adjudicated guilty

  • Lavalley v. The State

    Publication Date: 2023-10-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Markle
    Attorneys: For plaintiff: Brian Dille, Gainesville, for appellant.
    for defendant: Lee Darragh, (District Attorney, NEJC of GA), Gainesville, Anna Fowler, (Hall County District Attorney’s Office), Gainesville, for appellee.

    Case Number: A23A1115

    Court affirms child abuse convictions over defendant's challenge to trial court's ruling that allowed victim to testify away from his physical presence

  • The State v. Peppers

    Publication Date: 2023-10-13
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: David White, (District Attorney), Hartwell, Jeffrey Lee, (Elbert County District Attorney’s Office), Elberton, for appellant.
    for defendant: James Smith, (Law Office of James W. Smith), Athens, for appellee.

    Case Number: A23A0855

    Court reverses a trial court's grant of a motion for a new trial, which grant had been based on insufficient evidence, because double jeopardy precluded a new trial

  • The State v. Jackson et al.

    Publication Date: 2023-10-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Patsy Austin-Gatson, Clifford Kurlander, (Gwinnett County District Attorney’s Office), Lawrenceville, for appellant.
    for defendant: David Clark, (Clark & Towne, PC), Atlanta, Scott Estes, (Gwinnett County District Attorney’s Office), Lawrenceville, Robert Greenwald, Jeffrey Sliz, (Attorney at Law), Lawrenceville, Tyler Conklin, (Conklin Law Firm), Atlanta, for appellee.

    Case Number: A23A0776

    Court dismisses State's appeal to an order excluding evidence from a criminal trial because it lacked jurisdiction over the appeal.

  • Hines Interests Limited Partnership et al. v. Wright

    Publication Date: 2023-10-12
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Lauren Meadows, Stephen Schatz, (Swift Currie McGhee & Hiers), Atlanta, or appellant,
    for defendant: Jason Graham, (Graham Legal, LLC), Atlanta, for appellee; Parks Stone, Lawrence Washburn, Kristina Thompson, Devin Arnold, (Wilson Elser Moskowitz Edelman & Dicker), Atlanta, for other party.

    Case Number: A23A0680

    Court reverses trial court ruling and concludes that certain defendants should have been dismissed under the two-dismissal due to privity with another defendant

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  • ECBI Warner, LLC v. Patrick et al.

    Publication Date: 2023-10-12
    Practice Area: Civil Procedure
    Industry: Technology Media and Telecom
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Robert Cheeley, Andre Tennille, (Cheeley Law Group, LLC), Alpharetta, Preston Haliburton, (Haliburton Law Firm), Atlanta, Gabrielle Holland, (Attorney at Law), Alpharetta, for appellant.
    for defendant: John Hawkins, (Athens-Clarke County Attorney’s Office), Athens, Matthew Bennett, (Bennett Law Office, LLC), Griffin, Ivy Duggan, Sarah Martin, (Brinson, Askew, Berry, Seigler, Richardson & Davis, LLP), Rome, Theodore Meeker, (Sumner & Meeker), Newnan, for appellee; Matthew Bennett, (Bennett Law Office, LLC), Griffin, for other party.

    Case Number: A23A0779

    Court affirms dismissal of claims based on res judicata based on a parallel federal case that the plaintiffs dismissed with prejudice but reverses as to a writ of mandamus claim

  • Campus v. The State

    Publication Date: 2023-10-09
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Ricardo Campus, (Riverbend Correctional Facility), Milledgeville, for appellant.
    for defendant: Patsy Austin-Gatson, Christopher DeNeve, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.

    Case Number: A23A1158

    Trial Court Properly Dismissed Out-of-Term Motion to Withdraw Guilty Pleas

  • 400 Edgewood, LLC v. City of Atlanta

    Publication Date: 2023-10-09
    Practice Area: Land Use and Planning | Real Estate
    Industry: Automotive | Real Estate | Retail
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Michael Bowers, Lucas Boggs, (Johnson Marlowe LLP), Athens, Kenneth Newby, Nicholas Bacon, (Newby Law Group, LLC), Atlanta, for appellant.
    for defendant: Raines Carter, Pat Dixon, Sharon Dickson, Cassandra Ford, (City of Atlanta Solicitor’s Office), Atlanta, Pat Dixon, (Dixon & Dixon Attorneys at Law LLC), Atlanta, for appellee.

    Case Number: A23A0903

    Municipal Court Lacked Authority to Place Restrictions and Requirements on Operation of Gas Station and Convenience Store

  • Sheffield v. Jekyll Island State Park Authority

    Publication Date: 2023-10-09
    Practice Area: Premises Liability | Real Estate
    Industry: Entertainment and Leisure | Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: Ross Evans, (CBxMU PLLC), St. Augustine, for appellant.
    for defendant: Ronald Boyter. Christopher Carr, Christina Waide, Kathleen Pacious, Angela Cusimano, (Attorney General’s Office, GA), Atlanta, for appellee.

    Case Number: A23A1023

    Premises Liability Plaintiff's Conclusory and Speculative Factual Allegations Insufficient to Defeat Summary Judgment

  • Budd v. The Lamar Company, LLC

    Publication Date: 2023-10-05
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Steven Blackerby, (Brown, Readdick, Bumgartner), Brunswick, for appellant.
    for defendant: Christopher Jordan, (HunterMaclean), St Simons Island, Taylor Dove, (HunterMacLean), Savannah, for appellee.

    Case Number: A23A1438

    A new billboard lease that was entered after execution of a security deed on the underlying property was extinguished when the property was sold following a foreclosure