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Publication Date: 2018-03-21
Practice Area: Legal Ethics and Attorney Discipline
Industry: Legal Services
Court: Georgia Supreme Court
Judge: Per Curiam
Attorneys: For plaintiff: Wolanda R. Shelton, Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), Atlanta, for appellant.
for defendant: Donald Edward Smart (The Smart Law Firm), Stratford, for appellee.
Case Number: S18Y0511
The Supreme Court imposed a Review Panel reprimand on an attorney for his violation of Georgia Rules of Professional Conduct 1.1, 1.2 (a), 1.3 and 1.4 in connection with his representation of a client.
Publication Date: 2018-03-21
Practice Area: Legal Ethics and Attorney Discipline
Industry:
Court: Georgia Supreme Court
Judge: Per Curiam
Attorneys: For plaintiff: Richard Wayne Hendrix (Finch McCranie, LLP), Atlanta, for appellant.
for defendant: William Jacob Cobb, Paula J. Frederick, Jenny K. Mittelman (State Bar of Georgia), Atlanta, for appellee.
Case Number: S18Y0434
The Supreme Court rejected attorney's petition for voluntary discipline in which she sought a review panel reprimand after her office submitted a fabricated letter from another attorney to an insurance company.
Publication Date: 2018-03-21
Practice Area: Contracts | Family Law | Real Estate
Industry:
Court: Georgia Supreme Court
Judge: Justice Hunstein
Attorneys: For plaintiff: Frank G. Podesta (FGP Law, LLC), Roswell, for appellant.
for defendant: Lori Marie Beranek, Lisa Dolores Cooper, John A. Horn (United States Attorney's Office), Atlanta; Robert J. Branman (Department of Justice, Tax Division), Joan I. Oppenheimer (Tax Division Department of Justice), Washington, for appellee.
Case Number: S17Q1559
Answering a question from the district court, the Court concluded that parties' divorce decree severed the joint tenancy with right of survivorship created by a quitclaim deed executed during their marriage.
Publication Date: 2018-03-20
Practice Area: Legal Ethics and Attorney Discipline
Industry:
Court: Georgia Supreme Court
Judge: Per Curiam
Attorneys: For plaintiff: Andreea N. Morrison, Paula J. Frederick (State Bar of Georgia), Atlanta, for appellant.
for defendant: Natalie Dawn Mays, Ellenwood, for appellee.
Case Number: S18Y0315
The Supreme Court disbarred an attorney in connection with her violation of several of the Georgia Rules of Professional Conduct during her representation of a client.
Publication Date: 2018-03-20
Practice Area: Criminal Appeals
Industry:
Court: Georgia Supreme Court
Judge: Presiding Justice Melton
Attorneys: For plaintiff: Sharell Fincher Lewis, Rebecca Holmes Liles Grist, Donyale Nicole Leslie (Bibb County Solicitor-General's Office), Macon, for appellant.
for defendant: Andrew Charles Hall (Hall Hirsh Hughes LLC), Decatur, for appellee.
Case Number: S17G0199
The Supreme Court reversed the Court of Appeals' decision holding that defendant could not be found guilty of trespass under O.C.G.A. § 16-7-21 (b) (2) as a matter of law after he entered a residence through a locked door from the backyard without the homeowner's knowledge or permission, because the locked entry door to the homeowners residence provided reasonable and sufficiently explicit notice to defendant that entry into the residence was forbidden.
Law Journal Press | Digital Book
Authors: Jeffrey D. Mamorsky
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Publication Date: 2018-03-19
Practice Area: Business Torts | Civil Procedure
Industry:
Court: Georgia Supreme Court
Judge: Justice Nahmias
Attorneys: For plaintiff: Stephen Heuron Robinson (The Law Offices of Stephen H. Robinson), Atlanta, for appellant.
for defendant: Stephen H. DeBaun (Law Offices of Stephen H. DeBaun, P.C.), Tucker, for appellee.
Case Number: S17A1357
The Supreme Court partially vacated the trial courts order granting an injunction in a dispute between siblings over their aunt's estate and remanded the case, holding that most of the relief the trial court granted was not proper interlocutory relief.
Publication Date: 2018-03-16
Practice Area: Criminal Appeals | Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Justice Hunstein
Attorneys: For plaintiff: Mary Terry Benton, Derin Bronson Dickerson, Francisco Gonzalez-Burgos, Tejas Surendra Patel, Kacy Brake, Emily Catherine Hootkins, Andrew J. Liebler, Andrew M. Brown (Alston & Bird LLP), Atlanta, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Mary Catherine Greaber, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; John Allen Lawson, Richard Lowery Perryman III (Alapaha Judicial Circuit District Attorney's Office), Nashville; Bianca Plair Goodman (Muscogee County Solicitor General's Office), Columbus, for appellee.
Case Number: S17A1887
21-Year Delay in Resolving Motion for New Trial Did Not Violate Defendant's Due Process Rights
Publication Date: 2018-03-16
Practice Area: Criminal Appeals | Criminal Law | Evidence
Industry:
Court: Georgia Supreme Court
Judge: Chief Justice Hines
Attorneys: For plaintiff: Deborah Lorraine Leslie (The Leslie Group, LLC), Jonesboro, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Jason Matthew Rea (Department of Law), Atlanta; Elizabeth A. Baker, Tracy Graham Lawson (Clayton County District Attorney's Office), Jonesboro, for appellee.
Case Number: S17A1641
The evidence supported defendant's convictions for felony murder while in the commission of aggravated assault and possession of a firearm during the commission of a felony and the trial court did not reversibly err in declining to instruct the jury on the lesser included offense of voluntary manslaughter, as the evidence did not support such a charge.
Publication Date: 2018-03-15
Practice Area: Constitutional Law | Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Justice Benham
Attorneys: For plaintiff: Veronica M. O'Grady (GPDC Appellate Division), Atlanta, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Rosemary M. Greene, Jana Willingham Allen (Cherokee Judicial Circuit District Attorney's Office), Cartersville, for appellee.
Case Number: S17A1873
Defense Counsel Not Constitutionally Ineffective Assistance For Failing to Investigate Allegations Raised in Supplemental Police Report and Video
Publication Date: 2018-03-15
Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Justice Peterson
Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, Christopher M. Carr (Department of Law), Atlanta, for appellant.
for defendant: Macklyn A. Smith, Lawrenceville, for appellee.
Case Number: S17A1419
The habeas court erred in applying Alexander v. State, 297 Ga. 59 (2015) retroactively to find that plea counsel performed deficiently in failing to advise defendant that she would not be eligible for parole for 30 years if she pleaded guilty, as Alexander created a "new rule" and thus did not apply retroactively.
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