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  • Belcher v. State

    Publication Date: 2018-03-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Jeffrey Peil (Huggins Peil LLC), Evans, for appellant.
    for defendant: Randal McGinley (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A17A1982

    The evidence supported defendant's convictions for armed robbery, kidnapping with bodily injury, hijacking a motor vehicle, possession of a firearm during the commission of a felony, financial-transaction-card fraud, battery and possession of a firearm by a convicted felon during a crime and the trial court did not reversibly err in admitting certain evidence regarding a co-defendant's father's attempt to bribe the victim.

  • Frye v. The State

    Publication Date: 2018-03-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: Anne Allen (Assistant District Attorney), Carrollton; Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.
    Case Number: A17A1554

    The trial court did not abuse its discretion in excluding certain evidence defendant sought to admit in his trial for child molestation and aggravated sexual battery of his minor granddaughter because the proposed evidence did not comport with the narrow exception to Georgias Rape Shield statute.

  • Clary v. The State

    Publication Date: 2018-03-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jeffrey Peil (Huggins Peil LLC), Evans, for appellant.
    for defendant: David White (District Attorney), Hartwell; Meghan Bowden (Northern Judicial Circuit District Attorney's Office), Elberton, for appellee.
    Case Number: A17A1593

    The evidence supported defendant's convictions for two counts of first-degree arson, concealing the death of another and three counts of theft by bringing stolen property into the State and defense counsel was not deficient in failing to object to statements the prosecutor made during closing argument, as the statements were not improper.

  • Nordahl v. The State

    Publication Date: 2018-03-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Bruce Harvey (Attorney at Law), Atlanta, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Bradley Malkin (Fulton County District Attorney's Off.), Atlanta; Marc Mallon (Senior Assistant District Attorney), Atlanta, for appellee.
    Case Number: A17A1360

    The trial court properly sentenced defendant as a recidivist under O.C.G.A. § 17-10-7 following his guilty plea to three counts of burglary, one count of criminal attempt to commit burglary and four counts of burglary in the first degree.

  • Murray-Obertein v. Georgia Government Transparency and Campaign Finance Commission

    Publication Date: 2018-03-27
    Practice Area: Employment Litigation | Whistleblower Laws
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Cheryl Legare (Legare, Attwood & Wolfe, LLC), Atlanta; Edward Buckley (Buckley & Klein, LLP), Atlanta, for appellant.
    for defendant: Alisa Cleek, Bryan Jacoutot (Taylor English Duma LLP), Atlanta, for appellee.
    Case Number: A17A1836

    The trial court properly granted commission's motion for summary judgment on former public employee's retaliation claim under the Georgia Whistleblower Act because it was undisputed that she was no longer an "employee" at the time of the purported retaliatory acts.

  • In The Interest Of K. G., A Child.

    Publication Date: 2018-03-27
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Rosalind Watkins (Attorney at Law), Atlanta, for appellant.
    for defendant: Talia Nurse, Christy Draper (Attorney at Law), Douglasville; Timothy MacMillan (Attorney at Law), Carrollton, for appellee. Deidre Ricks (The Ricks Law Firm LLC), Douglasville; Thinel Bishop (The Bishop Law Group), Villa Rica, for other party.
    Case Number: A17A1519

    There was clear and convincing evidence supporting the juvenile court's finding that the appointment of a permanent guardian was in the child's best interests.

  • Loveless v. The State

    Publication Date: 2018-03-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Reid Kennedy (Attorney at Law), Marietta, for appellant.
    for defendant: John Edwards (District Attorney's Office, Cobb Judicial Circuit), Marietta; Shepard Orlow (Assistant District Attorney Cobb County District Attorney's Office), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A17A1728

    The trial court did not err in resentencing defendant on remittitur after concluding, sua sponte, that the sentence entered on defendant's conviction for trafficking in methamphetamine was void because he had been sentenced under the wrong [C]ode section.

  • Ya Van v. Siv Cheng Kong As Administratrix Of The Estate Of Chheng Siv Voigt et al.

    Publication Date: 2018-03-26
    Practice Area: Civil Procedure | Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Lloyd Hedrick (Hedrick Law LLC), Atlanta, for appellant.
    for defendant: Melvin Hewitt, Hilary Hunter (Isenberg & Hewitt PC), Atlanta, for appellee. Maren Cave (Swift, Currie, McGhee & Hiers), Atlanta, for other party.
    Case Number: A17A1713

    The trial court erred in denying defendant's motion for summary judgment in plaintiff's suit alleging that defendant was negligent in failing to keep her home safe from known dangers and dangerous conditions on the property when she allowed her son-in-law to enter her home and he fatally stabbed her daughter, as there was no evidence from which to conclude that defendant had reason to anticipate the man's violent conduct.

  • The State v. Scott

    Publication Date: 2018-03-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Doyle
    Attorneys: For plaintiff: Jeffery Hunt (Assistant District Attorney Coweta Judicial Circuit), Carrollton; Douglas Vassy (Solicitor General Carroll County Courthouse), Carrollton; Christopher Keegan (Coweta Judicial Circuit District Attorney's Office), Carrollton, for appellant.
    for defendant: Jerry Pilgrim (The Pilgrim Law Group LLC), Villa Rica, for appellee. Gary Bergman (Prosecuting Attorneys' Council of Georgia), Morrow, for amicus curiae.
    Case Number: A17A2127

    The trial court erred in granting indictee's motion to quash the indictment against him, as he failed to carry his burden of showing that the evidence on which the indictment was returned was based on wholly incompetent evidence.

  • Winn v. The State

    Publication Date: 2018-03-26
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Michael Clark (Andy Clark Law, LLC), Atlanta, for appellant.
    for defendant: Amelia Pray (District Attorney's Office, Cobb Judicial Circuit), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A17A1550

    Evidence Was Sufficient to Establish Defendant's Constructive Possession of Gun and Drugs Found in His Room