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  • Shelton v. The State

    Publication Date: 2019-08-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Bentley Adams, (Attorney at Law), Lihue, for appellant.
    for defendant: Herbert Franklin, (District Attorney), Lafayette, Michael Moeller, (LMJC District Attorney's Office), Summerville, for appellee.
    Case Number: A19A0358

    Court Affirms in Part and Vacates in Part Conviction for Armed Robbery and Other Offenses, Remanding for Reconsideration of Ineffective Assistance Claims with Assistance of Conflict-Free Counsel Where Post-Conviction Counsel Advanced Ineffective Assistance Claims Against Colleagues at Public Defender's Office

  • Ireland v. Williams et al.

    Publication Date: 2019-08-20
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Larry Mims, Ross Pittman, (Attorney at Law), Tifton, for appellant.
    for defendant: Charles Lamb, (The Lamb Law Firm, P.C.), Albany, Ralph Powell, (Wilmot & Powell), Sylvester, for appellee.
    Case Number: A18A1185

    Court Reverses Order That Denied Summary Judgment to Driver Who Killed Pedestrian Who Attempted to Cross Street Outside Intersection and in Poor Light Where No Evidence Showed That He Was Driving Unreasonably

  • McAllister, Jr. v. The State

    Publication Date: 2019-08-12
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Steven Sparger, (Attorney at Law), Savannah, for appellant.
    for defendant: Margaret Heap, Jennifer Guyer, (Assistant District Attorney), Savannah, for appellee.
    Case Number: A19A0613

    Court affirms convictions for rape and other crimes over defendant's multiple contentions of trial court error

  • UHS of Anchor, L.P. d/b/a Southern Crescent Behavioral Health System v. Georgia Department of Community Health et al.

    Publication Date: 2019-08-12
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Robert Threlkeld, Anthony Cestaro, (Morris Manning & Martin, LLP), Atlanta, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Marial Ellis, Roxana Tatman, Daniel Walsh, Rachel King(Department of Law, State of Georgia), Atlanta, Forrest Pearce, (Ray and Gregory, LLC), Atlanta, Christopher Anulewicz, Austin Alexander, (Balch & Bingham LLP), Atlanta, for appellee.
    Case Number: A19A0425

    Department of Community Health should have conducted a Certificate of Need review with respect to health care facility's expanded operations

  • Callaway v. Willard

    Publication Date: 2019-08-09
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: William Neville, (Callaway, Neville & Brinson), Claxton, for appellant.
    for defendant: Luke Lantta, (Bryan Cave Leighton Paisner LLP), Atlanta, Lloyd Murray, (Lloyd D. Murray, Sr., Attorney at Law), Richmond Hill, J. Edenfield, (Spivey, Carlton & Edenfield, P.C.), Swainsboro, for appellee.
    Case Number: A19A0139

    Court affirms partial summary judgment for trust beneficiaries against trustee

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  • The State v. Brienza

    Publication Date: 2019-08-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Jamie Inagawa, (Fayette County Solicitor-General Fayette County Justice Center), Fayetteville, Joseph Myers, (Chief Assistant Solicitor), Fayetteville, for appellant.
    for defendant: Gregory Brown, (Attorney at Law), Atlanta, for appellee.
    Case Number: A19A0698

    Court Reverses Order Denying Dismissal of Previous Appeal for Failure to File Transcripts Where Trial Court Ignored Established Rule That Delays in Excess of Thirty Days Are Presumptively Prejudicial

  • Hines v. The State

    Publication Date: 2019-08-02
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Jennifer Arndt, (Assistant Public Defender), Covington, for appellant.
    for defendant: Layla Zon, Randal McGinley, (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A19A0072

    Court affirms convictions for cocaine possession and other crimes over defendant's evidentiary and jury instruction challenges

  • Elkins v. The State

    Publication Date: 2019-08-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Jackie Tyo, (Georgia Public Defender Council), Atlanta, Atlanta, for appellant.
    for defendant: Andrew Ekonomou, Atlanta, Jacquelyn Johnson, Thomas Buscemi, (District Attorney's Office, Brunswick Judicial Circuit), Brunswick, for appellee.
    Case Number: A19A0503

    Trial Severance Not Required Where Evidence Against Defendant Was Brief, Straightforward, and Related to Defendant's Actions

  • Seals v. The State

    Publication Date: 2019-08-01
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Randall Sharp, (Sharp Georgia Law Firm), Smyrna, for appellant.
    for defendant: Stephen Bradley, (District Attorney, Ocmulgee Judicial Circuit), Milledgeville, Allison Mauldin, (Assistant District Attorney), Greensboro, for appellee.
    Case Number: A19A0468

    Trial Court's Sequential Jury Instruction on Lesser Included Sex Offense Was Not Plain Error

  • Shelton v. The State

    Publication Date: 2019-08-01
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Bentley Adams, (Attorney at Law), Lihue, for appellant.
    for defendant: Herbert Franklin, (District Attorney), Lafayette, Michael Moeller, (LMJC District Attorney's Office), Summerville, for appellee.
    Case Number: A19A0358

    Public Defender Attorney Could Not Properly Argue That Previous Attorney From Same Office Provided Ineffective Assistance