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  • Suntrust Bank v. Todd Cowan, As Tax Commissioner For Douglas County et al.

    Publication Date: 2018-03-22
    Practice Area: Civil Procedure | Real Estate | Tax
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Gregory Crochet (Kutak Rock LLP), Atlanta, for appellant.
    for defendant: Kenneth Bernard, Stephanie Regas (Sherrod & Bernard), Douglasville; John Doe, Jane Doe, Douglasville; Regina Jordan, Los Angeles; John Ayoub (Ayoub & Mansour, LLC), Atlanta, for appellee.
    Case Number: A17A1850

    Lienholder Who Received Excess Funds From Tax Sale Was Subject to Subsequent Appellate Court Rulings Modifying Rights of Redeeming Creditors

  • Cherry v. The State

    Publication Date: 2018-03-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Rafe Banks (Banks, Stubbs & McFarland, LLP), Cumming, for appellant.
    for defendant: William Finch (Solicitor General of Forsyth County), Cumming; Jeffrey Huong (Forsyth County Solicitor General Office), Cumming, for appellee.
    Case Number: A17A2085

    The trial court properly admitted evidence of defendant's refusal to submit to breath testing and evidence of his horizontal gaze nystagmus test in his trial for DUI.

  • Jackson v. The State

    Publication Date: 2018-03-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: William McQueen (McQueen Law Office LC), Athens, for appellant.
    for defendant: James Chafin (Assistant District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A17A2064

    The evidence supported defendant's conviction for, inter alia, one count of child molestation, in which he was alleged to have masturbated in front of his 13-year-old stepson, despite the boy's trial testimony that he closed his eyes when defendant pulled out his penis, because it was not necessary for the victim to actually see defendant masturbate and there was evidence from which the jury could infer that defendant masturbated in the boys presence.

  • Austin v. Nagareddy et al.

    Publication Date: 2018-03-20
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Self
    Attorneys: For plaintiff: Richard Mitchell, Zack Greenamyre (Mitchell & Shapiro LLP), Atlanta, for appellant.
    for defendant: Michael Bailey, Julye Johns, Emaly Arndt (Huff, Powell & Bailey, LLC), Atlanta, for appellee.
    Case Number: A18A0126

    The Court vacated the trial court's order granting defendants' motion to stay a civil action against them until the conclusion of a trial in a criminal case in which one defendant had been indicted for parallel allegations and remanded for further proceedings, because the trial court's exercise of discretion was based upon an erroneous view of the law.

  • Briscoe v. The State

    Publication Date: 2018-03-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Elizabeth Brandenburg (Law Firm of Shein & Brandenburg), Atlanta, for appellant.
    for defendant: Kenneth Mauldin (District Attorney), Athens; Brian Patterson (Chief Assistant District Attorney), Athens, for appellee.
    Case Number: A17A1883

    Motion to Suppress Properly Denied Over Claims as to Corroboration Failure, Lack of Probable Cause to Search, and Stale Information

  • Lang v. The State

    Publication Date: 2018-03-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals, Fifth Division
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow; John Cranford (Coweta Judicial Circuit), Newnan, for appellee.
    Case Number: A17A1483

    Bifurcation of Charges Properly Denied Where Firearm Possession Charge Was Material to Charge of Criminal Gang Activity

  • State v. Lewis

    Publication Date: 2018-03-19
    Practice Area: Criminal Law | Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Teri Walker (Fulton County District Attorney's Office), Atlanta; Paul Howard (District Attorney), Atlanta, for appellant.
    for defendant: Ashutosh Joshi (Attorney at Law), Atlanta; Matthew Winchester (Law Offices Of Matthew K. Winchester), Atlanta, for appellee.
    Case Number: A17A1692

    Officer Had No Ground to Arrest Driver and Impound Vehicle After Driver Provided Valid Proof of Insurance Coverage

  • Serdula v. The State

    Publication Date: 2018-03-12
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Nathanael Horsley (Attorney at Law), Atlanta, for appellant.
    for defendant: Michael Carlson, John Edwards (District Attorney's Office Cobb Judicial Circuit), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A17A1454

    The Court vacated defendant's convictions and remanded the case to the trial court for the case to be referred to a different trial judge to decide defendant's motion to recuse the judge who had presided over the case, because the proceeding was one in which the trial judges impartiality might reasonably be questioned and, at a minimum, the motion should have been referred to another judge.

  • Scott v. The State

    Publication Date: 2018-03-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Christopher Ramig (Assistant Public Defender), Fayetteville, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Christy Jindra (Attorney at Law Griffin Circuit District Attorney Office), Fayetteville; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.
    Case Number: A17A1384

    Although the evidence supported defendant's conviction for criminal attempt to commit theft by taking after his employer accused him of falsifying an invoice, the trial court erred in entering a felony sentence on that conviction because there was insufficient evidence of a fiduciary relationship between defendant and his employer.

  • Haulers Ins. Co. v. Davenport

    Publication Date: 2018-03-07
    Practice Area: Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Steven Kyle, William Davis, Roy Xiao (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, for appellant.
    for defendant: Francis Jones (Attorney at Law), Atlanta, for appellee.
    Case Number: A17A1808

    The trial court properly denied insurer's motion for summary judgment in insured's suit arising out of an automobile collision in which he sought uninsured motorist benefits from his insurer, as the coverage exclusion for damage and injuries resulting when the insureds car is being used as a public or livery conveyance did not apply where insured offered a specific neighbor a ride for a fee.