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  • Underwood v. The State

    Publication Date: 2018-03-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Justice Miller
    Attorneys: For plaintiff: James Mitchell (Attorney at Law), Augusta; Muneer Awad (Georgia Public Defenders Standard Council), Augusta; Alicia LeCroy (Office of the Public Defender - Augusta Judicial Circuit), Augusta, for appellant.
    for defendant: Joshua Smith (District Attorney's Office Augusta Judicial Circuit), Augusta; Henry Syms (Office of the District Attorney), Augusta, for appellee.
    Case Number: A17A1768

    The Court affirmed defendant's convictions for two counts of child molestation for acts he committed against his step-granddaughter but vacated his sentence and remanded for resentencing because the trial court erred in failing to impose a split sentence as required by O.C.G.A. § 17-10-6.2 (b).

  • Wellstar Kennestone Hospital v. Roman

    Publication Date: 2018-02-28
    Practice Area: Civil Procedure | Damages | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Daniel Moriarty (Green Sapp & Moriarty LLP), Atlanta, for appellant.
    for defendant: Jonathan Adelman, Ashley Rice (Waldon Adelman Castilla Hiestand & Prout), Atlanta; William Baker (Worsham, Corsi, Scott, Knighten & Dobur), Atlanta, for appellee. Adam Long (Burrow & Associates LLC), Darrell Burrow (Attorney at Law), Duluth; Georgia Defense Lawyers Association ("GDLA"), Atlanta; Martin Levinson, William Martin (Hawkins Parnell Thackston & Young LLP), Atlanta, for other party. Matt Nasrallah (Robertson, Bodoh & Nasrallah, LLP), Marietta, for amicus curiae.
    Case Number: A17A1497

    The trial court did not abuse its discretion in denying non-party hospital's motion to modify a subpoena in a lawsuit arising out of an automobile collision.

  • Weinstein v. Holmes et al.

    Publication Date: 2018-02-28
    Practice Area: Damages | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Laura Barron (Dickinson & Associates), Woodstock; Curtis Dickinson (Attorney at Law), Woodstock, for appellant.
    for defendant: Christina Sears (Dodson & Associates), Alpharetta, for appellee.
    Case Number: A17A1526

    The trial court erred in granting partial summary judgment to defendants in a negligence action arising after defendants' dogs allegedly attacked a dog plaintiff was walking, killing the dog and injuring plaintiff, as there was sufficient evidence for the issue of punitive damages to go to a jury.

  • Kaufman v. The State

    Publication Date: 2018-02-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Debra Jefferson (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Jessica Moss, Rachel Ashe (Cherokee County Solicitor Generals Office), Canton, for appellee.
    Case Number: A17A1881

    The evidence supported defendant's convictions for three counts of stalking, two counts of criminal trespass, five counts of engaging in harassing communications, 11 counts of criminal attempt to commit a misdemeanor by violation of a protective order and one count of violation of a protective order.

  • Roberts v. The State

    Publication Date: 2018-02-20
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: James Roberts, Pelham, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Kevin Armstrong (Office of the District Attorney), Atlanta, for appellee.
    Case Number: A17A1577

    The trial court erred in denying defendant's pauper's status without first holding a hearing on the question of indigence pursuant to O.C.G.A. § 9-15-2.

  • The Law Offices Of Jorge Luis Flores, LLC v. Cruz & Associates

    Publication Date: 2018-02-16
    Practice Area: Administrative Law | Attorney Compensation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Ricardo DeMedeiros (The Law Office of Rick J. DeMedeiros, PC), Conyers, for appellant.
    for defendant: Ronald Pellitero (Cruz & Associates), Atlanta, for appellee.
    Case Number: A17A1983

    The trial court erred in reversing the Appellate Division of the State Board of Workers Compensation's decision affirming an award of attorney fees to former counsel in a worker's compensation case because, applying the appropriate standard of review, there was sufficient evidence below to support the award of attorney fees.

  • The State v. Herman

    Publication Date: 2018-02-15
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Joseph Black (Assistant District Attorney), Statesboro; Richard Mallard (District Attorney), Statesboro, for appellant.
    for defendant: Renata Newbill-Jallow (Public Defender Ogeechee Judicial Circuit), Statesboro, for appellee.
    Case Number: A17A1978

    The trial court erred in granting defendant's motion to suppress evidence obtained during a traffic stop because the open-air dog sniff did not unconstitutionally prolong the stop since an officer was still in the process of running a check of the driver's license, which is part of the mission of a traffic stop.

  • In The Interest Of T. W., a child.

    Publication Date: 2018-02-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Willymena Joseph (Georgia Public Defender Council), Brunswick, for appellant.
    for defendant: Jacquelyn Johnson (District Attorney), Brunswick; Thomas Buscemi (District Attorney's Office, Brunswick Judicial Circuit), Brunswick, for appellee.
    Case Number: A17A1681

    The Court reversed the adjudication of delinquency to the extent it was based upon a finding that juvenile had participated in criminal street gang activity because evidence showing that juvenile was with gang members and accepted a gun from a gang member was legally insufficient to support the ruling.

  • Roberts v. The State

    Publication Date: 2018-02-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Brandon Lewis (Attorney at Law), Norcross, for appellant.
    for defendant: Anna Cross (County District Attorney's Office), Decatur; Sherry Boston (DeKalb County District Attorney), Decatur, for appellee.
    Case Number: A17A1608

    The evidence supported defendant's convictions for violating the Georgia RICO Act, identity fraud, financial-transaction-card fraud and exploitation of an elder person arising out of a scheme in which she called senior citizens, claimed that she was a representative of a power company, and informed them that their utility bill had not been paid and that their power would be cut off if they did not provide her with credit card, bank account or other personal and financial information, which she then used to obtain cash or buy things.

  • Jordan v. The State

    Publication Date: 2018-02-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: David Walker (Appellate Division-GPDC), Macon, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.
    Case Number: A17A1580

    The evidence supported defendants' convictions for armed robbery and the trial court did not abuse its discretion in refusing to postpone the proceedings until a new jury venire could be convened after defendants failed to timely return to court after lunch and the trial court issued bench warrants for their arrest in the presence of the prospective jurors.