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  • Franklin v. State

    Publication Date: 2016-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: James C. Bonner Jr. and Tyler Conklin Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Joshua Morrison District Attorney's Office, Atlanta, for appellee.
    Case Number: A15A2180

    Because the jury found the defendant guilty of forcible rape after proper instruction, the element of force negated any possible mistake as to consent, such that the trial court did not err in faili

  • Six Flags Over GA II LP v. Martin

    Publication Date: 2016-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Laurie Daniel, Vernon Strickland, Mellori Lumpkin in Case No. A15A0828 only, Heather Calhoun in Case No. A15A0829 only Holland Knight LLP, Charles McDaniel, Wayne McGrew Carlock, Copeland Stair LLP, and Leland Kynes Kynes Law LLC, Atlanta, for Six Flags. Andrew Rogers, Gilbert Deitch Deitch Rogers LLC, Naveen Ramachandrappa, Michael Terry Bondurant, Mixson Elmore LLP, Shannon Barrow in Case No. A15A0829 only, Earl Gunn in Case No. A15A0829 only Weinberg, Wheeler, Hudgins, Gunn Dial LLC, Timothy Peagler, and Michael Neff, Atlanta, for Martin.
    for defendant:
    Case Number: A15A0828; A15A0829

    Although the evidence was sufficient to support the jury's verdict in favor of the plaintiff in his premises liability suit against an amusement park arising after gang members viciously attacked h

  • Choate Constr. Co. v. Auto-Owners Ins. Co.

    Publication Date: 2016-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Brian Corgan, Reginald Williamson, and Elizabeth Akins Kilpatrick Townsend Stockton LLP, Atlanta, for appellant.
    for defendant: Matthew Jones and Nicole Burgess-Busch Busch, Reed Jones PC, Marietta, for appellee. Other party representation: Thaddeus Dedmon, Douglasville.
    Case Number: A15A1629

    The law-of-the-case doctrine barred summary judgment as to the appellant's claims for liability on payment and performance bonds, because the Court held in a prior appeal that several genuine issues

  • Gordon v. State

    Publication Date: 2015-12-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Michael McCarthy, Public Defender, Dalton, for appellant.
    for defendant: Herbert Poston, District Attorney, John Helton, Susan Franklin, Assistant District Attorneys, and George Souther District Attorney's Office, Dalton, for appellee.
    Case Number: A15A1052

    Since both crimes could be proved with the same evidence, the rule of lenity applied such that the defendant should have been sentenced for the misdemeanor offense of making a false report of a crim

  • Fincher Road Invs. LLLP v. City of Canton, GA

    Publication Date: 2015-12-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Konrad Ziegler Lee Ziegler LLP, John Connolly, and Douglas Flint Flint, Connolly Walker LLP, Canton, for appellant.
    for defendant: Daniel White, Douglas Haynie Haynie, Litchfield Crane PC, Marietta, Robert Dyer, and Alicia Argo Dyer Rusbridge PC, Canton, for appellees.
    Case Number: A15A1280

    Although ity eventually sought to dismiss its condemnation action against a property owner, the property owner was entitled to compensation for ity's temporary taking of its property, whic

  • Law Journal Press | Digital Book

    New Jersey Estate Litigation 2014

    Authors: Michael R. Griffinger, Paul F. Cullum III

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  • Sherod v. State

    Publication Date: 2015-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Jerry Pilgrim The Pilgrim Law Group LLC, Villa Rica, for appellant.
    for defendant: Brian Fortner, District Attorney, and Rachel Ackley, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A15A1460

    Viewing the totality of the circumstances, including the officer's experience and training, the Court found that the officer had reasonable articulable suspicion of other illegal activity to justify

  • Dowdell v. Fitzgibbon

    Publication Date: 2015-11-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Seth Katz Thompson Law Group LLC, Atlanta, for appellant.
    for defendant: Maureen Malone Fulton County Personnel Board, Frank Gaither, and Cheryl Ringer Fulton County Attorney's Office, Atlanta, for appellee.
    Case Number: A15A1613

    The Court reversed the superior court's reversal of the Fulton County Personnel Board's on to suspend an employee rather than terminate him, finding that the superior court erred in basing its

  • Brawner v. Miller

    Publication Date: 2015-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Mereda Johnson Burroughs Johnson Hopewell LLC, and E. Duane Jones, Decatur, for appellant.
    for defendant: Sheri Lake Smith Lake LLC, Decatur, for appellee.
    Case Number: A15A1063

    In affirming the award of custody of two minor children to their maternal grandfather following their mother's murder, the Court found that there was clear and convincing evidence to support the tri

  • Barghi v. State

    Publication Date: 2015-11-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Daniel Sessions, Norcross, for appellant.
    for defendant: Carmen Smith, Solicitor General, and R. Leon Benham, Assistant Solicitor General, Atlanta, for appellee.
    Case Number: A15A1442

    The State's filing of amended accusations after the expiration of the statute of limitation did not commence a new prosecution, since the amended accusations gave the same date of the offenses as th

  • In the Interest of J. M. S.

    Publication Date: 2015-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: James McIlvaine McIlvaine Law Group LLC, Brunswick, for appellant.
    for defendant: Jacquelyn Johnson, District Attorney, and Whitney Hunter, Brunswick, for appellee.
    Case Number: A15A1624

    The juvenile court did not abuse its discretion in transferring the juvenile's case to the superior court, as there was evidence supporting the juvenile court's determinations that it w