• Hartzler v. State

    Publication Date: 2015-08-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Matthew Leipold, Public Defender, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, Gainesville, and Burke Doherty District Attorney's Office, Dawsonville, for appellee.

    Case Number: A15A0321

    A jury convicted Colon Louis Hartzler of two counts of homicide by vehicle in the first degree, driving under the influence less safe, driving under the influence per se, making false statements,

  • Wells Fargo Bank NA v. Molina-Salas

    Publication Date: 2015-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Dylan Howard, Joshua Tropper, and Daniel Moore Baker, Donelson, Bearman, Caldwell Berkowitz PC, Atlanta, for appellant.
    for defendant: . Alexandra Dishun Locke Lord LLP, John Williamson Morris, Manning Martin LLP, Atlanta, and William Smith Smith Law LLC, Lawrenceville, for appellee.

    Case Number: A15A0594

    We granted an interlocutory appeal to Wells Fargo Bank, N. A. Wells Fargo and Federal Home Loan Mortgage Corporation Freddie Mac to consider w

  • State v. Spain

    Publication Date: 2015-07-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Daniel J. Porter, District Attorney, and John Warr, Assistant District Attorney, Lawrenceville, for appellant.
    for defendant: Chelsea Spain, Cumming, proceeded pro se.

    Case Number: A15A0697

    The trial court lacked jurisdiction to retroactively resentence the defendant as a first-offender after she had declined to request such a sentence when she was originally sentenced on her convictio

  • Armentrout v. State

    Publication Date: 2015-06-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: William Head, Atlanta, and Ashleigh Merchant The Merchant Law Firm PC, Marietta, for appellant.
    for defendant: Carmen Smith, Solicitor General, and R. Leon Benham, Assistant Solicitor General, Atlanta, for appellee.

    Case Number: A15A0093

    The State failed to prove that the police department's overall checkpoint program had a legitimate primary purpose; the checkpoint was therefore unlawful and the trial court erred in denying the DUI

  • Moton v. State

    Publication Date: 2015-06-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Jule McReynolds The McReynolds Law Firm PC, Atlanta, for appellant.
    for defendant: Sherry Boston, Solicitor General, Samantha Newman, and Wystan Getz Solicitor General's Office, Decatur, for appellee.

    Case Number: A15A0508

    The evidence was sufficient to support the defendant's convictions on two counts of misdemeanor public indecency after he exposed his penis and masturbated in a public li

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  • Moton v. State

    Publication Date: 2015-06-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Jule McReynolds The McReynolds Law Firm PC, Atlanta, for appellant.
    for defendant: Sherry Boston, Solicitor General, Samantha Newman, and Wystan Getz Solicitor General's Office, Decatur, for appellee.

    Case Number: A15A0507

    The evidence supported the defendant's conviction for criminal contempt arising out of comments he made to several witnesses for the State in the hallway outside of the courtroom where his son was b

  • House Hasson Hardware Co. Inc. v. Lawson's Home Ctr. Inc.

    Publication Date: 2015-06-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Henry C. Tharpe Jr. and Rebecca B. Gober Sponcler Tharpe LLC, Dalton, for appellant.
    for defendant: H. Michael Bray and Jennifer S. Gill Bray Johnson, Canton, for appellees.

    Case Number: A13A2160

    A guaranty agreement executed as part of a credit application identified the principal debtor with sufficient specificity to satisfy the Statute of F

  • Southern States-Bartow County Inc. v. Riverwood Farm Property Owners Ass'n Inc.

    Publication Date: 2015-05-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: David Flint, Mark Forsling Schreeder, Wheeler Flint LLP, Atlanta, and Robert Norman Jones, Cork Miller, Macon, for appellant.
    for defendant: . Edward Kazmarek, Kimberley Hale Kazmarek Mowrey Cloud Laseter LLP, Atlanta, Genevieve Frazier, Rome, and Brandon Bowen Jenkins Bowen PC, Cartersville, for appellees.

    Case Number: A14A1562

    The trial court erred in failing to address, much less issue a ruling on, the defendants' constitutional challenge to a zoning ordinance, and a decision on the constitutional issue had the potential

  • Wiggins v. State

    Publication Date: 2015-05-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Lawrence Zimmerman, Atlanta, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, Samuel Lengen, and Daniel Quinn, Assistant District Attorneys, Marietta, for appellee.

    Case Number: A14A1545

    The search of the defendant's residence, which resulted in numerous drug charges, was invalid because there was insufficient probable cause to support the issuance of the search wa

  • Hand v. South Ga. Urology Ctr. PC

    Publication Date: 2015-04-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: James Shipley and Mark Tate Tate Law Group, Savannah, for appellant.
    for defendant: . Terrell Benton and Dean Cleaveland Hall Booth Smith PC, Atlanta, for appellees.

    Case Number: A14A1854

    The trial court abused its discretion in excluding relevant and material impeachment evi