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  • Pittman v. The State

    Publication Date: 2017-11-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A1122

    The Court affirmed defendant's conviction for one count of entering an automobile, finding that the trial court did not abuse its discretion in admitting into evidence an unredacted prior accusation against defendant as evidence of prior difficulties between defendant and the victim.

  • Harvey v. The State

    Publication Date: 2017-11-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0898

    Although the evidence was sufficient to support defendant's conviction for possession of marijuana, the evidence was insufficient to support his convictions for possession of a firearm during a felony and possession of a firearm by a convicted felon because there was no evidence showing that defendant exercised dominion over the gun.

  • City of Macon et al. v. Brown

    Publication Date: 2017-11-15
    Practice Area: Motor Vehicle Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Corrie Holton, Lauren Schultz (James Bates Brannan Groover LLP), Macon; William Noland (Noland Law Firm, LLC), Macon, for appellant.
    for defendant: Mark Martin, George Williams (Attorney at Law), Warner Robins, for appellee.
    Case Number: A17A1066

    The trial court erred in denying defendants' motion for summary judgment in plaintiff's suit alleging that defendants were liable for damages for failing to maintain a public roadway that caused a collision because plaintiff's evidence was insufficient as a matter of law to create a genuine issue of fact as to whether defendants had constructive notice of the alleged defect.

  • Salazar-Balderas v. The State

    Publication Date: 2017-11-07
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Lynn Kleinrock (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Charissa Henrich (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A17A0819

    The trial court erred in refusing to give defendant's requested charge on defense of habitation in his trial on charges of serious injury by vehicle, reckless driving, failure to stop at or return to the scene of an accident, following too closely and driving without a license, and the Court, therefore, reversed his convictions.

  • Smith v. McTaggart

    Publication Date: 2017-11-01
    Practice Area: Civil Appeals
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Brenda Gardner (The Gardner Law Firm), Atlanta, for appellant.
    for defendant: Nazish Ahmed (Ahmed Law Group), Lagrange, for appellee. Newton County Department of Family and Children Services, Covington, for other party.
    Case Number: A17A0701

    Appellant failed to file a timely notice of appeal from a final order in child custody proceedings; consequently, the Court did not have jurisdiction over his case and dismissed the appeal.

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  • Intercontinental Services of Delaware, LLC v. Kent

    Publication Date: 2017-10-30
    Practice Area: Civil Procedure | Corporate Entities | Wrongful Death
    Industry: Transportation
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0917

    The trial court erred in denying defendant's motion to dismiss plaintiff's wrongful death suit for lack of personal jurisdiction, because defendant did not transact any business in Georgia and did not solicit business, or engage in any other persistent course of conduct, in Georgia.

  • Georgia Farm Bureau Mutual Insurance Company v. Rockefeller

    Publication Date: 2017-10-26
    Practice Area: Insurance Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Lee Gillis, Duke Groover, Marty Senn, Rachel Turnbull (James Bates Brannan Groover LLP), Macon, for appellant.
    for defendant: Joseph Brown, Christopher Scott (Smith, Wallis and Scott, LLP), Carrollton, for appellee. Jason Hammer (Carlock Copeland & Stair LLP), Atlanta; Caroline Welden (Lueder Larkin & Hunter), Atlanta, for other party.
    Case Number: A17A0943

    Insurer was liable up to the $100,000 combined coverage limit of insured's four uninsured motorist insurance policies for losses he sustained in an automobile accident that were not covered by his workers' compensation award or his settlement with the other driver's insurer.

  • Waffle House, Inc. v. Pavesi

    Publication Date: 2017-10-18
    Practice Area: Dispute Resolution | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Robert Ingram, Ryan Ingram, Leslie Neubauer (Moore, Ingram, Johnson & Steele), Marietta, for appellant.
    for defendant: Andrew Rogers, William D'Antignac, Gilbert Deitch, Kara Phillips (Deitch & Rogers, LLC), Atlanta; Thomas Ashenden (Ashenden & Associates, P.C.), Atlanta; Laura Maki (Attorney at Law), Atlanta, for appellee.
    Case Number: A17A1281

    The trial court erred in denying employer's motion to compel arbitration of employee's tort claims arising after a co-worker injured him on the job, as the claims were within the scope of an arbitration agreement the employee signed.

  • Simmons v. The State

    Publication Date: 2017-10-12
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: L. Jones (Eastern Circuit Public Defender's Office), Savannah; Jonathan Lockwood (Office of the Public Defender Brunswick Judicial Circuit), Jesup, for appellant.
    for defendant: George Barnhill (District Attorney District Attorney's Office); Michelle McIntire (Office of District Attorney - Waycross Judicial Circuit Assistant District Attorney), Waycross, for appellee.
    Case Number: A17A0712

    The evidence supported defendant's conviction for aggravated assault and criminal attempt to commit armed robbery, but the trial court erred in failing to merge the two convictions for sentencing purposes.

  • Atkins v. The State

    Publication Date: 2017-10-11
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Ruth McMullin (McMullin LLC), Stone Mountain, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Arthur Walton (Assistant District Attorney), Atlanta, for appellee.
    Case Number: A17A1486

    The trial court applied the wrong standard when reviewing appellant's motion for new trial based on general grounds, and the Court thus vacated the denial of her motion for a new trial following her convictions for aggravated child molestation and child molestation.