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Publication Date: 2015-12-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Stephen Friedberg, Atlanta, for appellant.
for defendant: Daniel J. Porter, District Attorney, and Samantha Routh District Attorney's Office, Lawrenceville, for appellee.
Case Number: A15A1301
The State failed to show that the defendant had a sufficient connection to the house where officers executed a search warrant and discovered drug evidence to support his convictions for cocaine traf
Publication Date: 2015-12-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Jessica Moss, Solicitor General, and Jeffrey Huong Solicitor General's Office, Canton, for appellant.
for defendant: Melvin Nash, Marietta, for appellee.
Case Number: A15A1483
The approximately 50-minute delay between when the DUI defendant first appeared on the responding officer's patrol car-mounted video and when a second officer, who was later called to the scene, co
Publication Date: 2015-12-08
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: R. Wayne Peters and Gary Henry Gearhiser, Peters, Cavett, Elliott Cannon PLLC, Chattanooga, TN, for appellant.
for defendant: . Elizabeth Campbell Locke Lord LLP, Courtney Ferrell, Douglas Henderson Troutman Sanders LLP, Adamson Starr, Atlanta, and Marshall Bandy Bandy Stagg PC, Ringgold, for appellee. Other party representation: Sandra Self, Catoosa County Tax Commissioner, Gene Lowery, Catoosa County Probate Judge, Kelley White, Ringgold, Peter D. Miller, Registered Agent Regions Bank, Gainesville.
Case Number: A15A1382
The evidence supported the trial court's order condemning certain property for a telephone company's use because the taking was necessary for the provision of reliable telephone services and the com
Publication Date: 2015-12-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Sean McMahan Alston Bird LLP, Atlanta, William Nelson, Jordana Rubel, and J. Kevin Fee Morgan Lewis Bockius LLP, Washington, DC, for The Corps Group. Stephen Bauer BakerHostetler LLP, and Jeffrey Baxter Dentons US LLP, Atlanta, for Lohrenz. Stephen Dorvee, Theresa Kananen, and Lauren Gregory Arnall Golden Gregory LLP, Atlanta, for Afterburner Inc..
for defendant:
Case Number: A15A1276; A15A1277
The trial court erred in denying the defendants' motions for a directed verdict and for judgment notwithstanding the verdict as to the plaintiff's trademark and trade dress infringement claims under
Publication Date: 2015-12-03
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: William Mills, Ringgold, for appellant.
for defendant: Herbert Poston, District Attorney, and John Helton, Assistant District Attorney, Dalton, for appellee.
Case Number: A15A1837
The evidence did not support a jury charge on justification with respect to the criminal trespass charges against the defendant, the trial court did not err in declining to give such a charge and de
Law Journal Press | Digital Book
Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez
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Publication Date: 2015-12-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Onyema Farrey Anene Associates LLC, Atlanta, for appellant.
for defendant: Lorraine Anderson and Michelle Jordan Atlanta Legal Aid Society, Atlanta, for appellee.
Case Number: A15A2319
The visitation provisions in the trial court's child custody order, which provided that visitation with the father would be phased in as the children's therapist deemed appropriate, constituted a se
Publication Date: 2015-11-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Randy Hudson, Alamo, proceeded pro se. George Barnhill, District Attorney, and Michelle McIntire District Attorney's Office, Waycross, for appellee.
for defendant:
Case Number: A15A1687
The defendant's sen of life in prison for armed robbery was not void and the trial court therefore properly dismissed his motion to correct void sen
Publication Date: 2015-10-29
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Troy Golden, Assistant Public Defender, Albany, for appellant.
for defendant: Gregory Edwards, District Attorney, Kathryn Fallin, Assistant District Attorney, Cania Brown-Gordon, and Heather Lanier District Attorney's Office, Albany, for appellee.
Case Number: A15A1607
The evidence supported the defendant's convictions for armed robbery, two counts of aggravated assault and possession of a firearm during the commission of a felony after he and another man robbed
Publication Date: 2015-10-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Charles Bachman, Stuart Sims Gregory Doyle Calhoun Rogers LLC, Marietta, and C. David Joyner, Buford, for appellant.
for defendant: . Cary Ichter and William Davis Ichter Thomas LLC, Atlanta, for appellees.
Case Number: A14A0718
The defendants were entitled to a directed verdict on the plaintiffs' claims for rescission, fraud, negligent misrepresentation and violation of the Georgia RICO statute in a dispute arising from a
Publication Date: 2015-08-27
Practice Area:
Industry:
Court: Court of Appeals
Judge: Ellington, John J.
Attorneys: For plaintiff: Mario Williams and Julie Oinonen Williams Oinonen LLC, Atlanta, for Day. C. King Askew, Samuel Lucas, Ivy Duggan, and Lee Carter Brinson, Askew, Berry, Seigler, Richardson Davis LLP, Rome, for Floyd County Bd. of Educ.. Amicus Curiae in Case No. A15A0401: John Beasley, Watkinsville, and Phillip Hartley, Gainesville.
for defendant:
Case Number: A15A0401; A15A0402
Because the teacher who was appealing the board of education's decision not to renew her employment contract was employed at a charter school, she was not entitled to the procedural rights and remed
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