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  • Palencia v. The State

    Publication Date: 2022-12-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Atlanta, for appellant.
    for defendant: Patsy Austin-Gatson, Drew Unger, Daniel Porter, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A21A0163

    On remand from the Georgia Supreme Court, the court affirmed convictions for burglary and other crimes over claims of failure to give jury an accomplice instruction

  • Ramos v. Owens

    Publication Date: 2022-12-15
    Practice Area: Civil Procedure | Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Harry Daniels, (Law offices of Harry M. Daniels, LLC), Atlanta, for appellant.
    for defendant: Mark Adelman, Hugh Rowling, Lauren Bruce, (Cobb County Attorney’s Office), Marietta, for appellee.
    Case Number: A22A1409

    Court affirms dismissal of inmate's negligence complaint against a county sheriff because of failure to establish waiver of sovereign immunity

  • Mimbs v. Henry County Schools

    Publication Date: 2022-12-14
    Practice Area: Civil Procedure | Employment Litigation
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: David Black, (Blue Sky Law), Atlanta, Angelina Whitaker, (Blue Sky Law), Smyrna, for appellant.
    for defendant: William White, Matthew Collum, (Smith, Welch, Webb, & White), McDonough, Megan Rittle, (Attorney at Law), McDonough, for appellee.
    Case Number: A21A0327

    On remand from the Georgia Supreme Court, court reverses summary judgment for a school district, ruling that retaliatory discharge action was not time-barred

  • Heritage Roof Truss, Inc. v. Leeper et al.

    Publication Date: 2022-11-30
    Practice Area: Civil Procedure | Contractual Disputes
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Barbara Marschalk, Michelle Whitelaw, (Drew Eckl & Farnham LLP), Atlanta, for appellant.
    for defendant: Chad Reed, (Attorney at Law), Marietta, Cory Close, (Busch Reed & Jones, P.C.), Marietta, for appellee; Chad Shultz, Vernon Hill, (Gordon Rees Scully Mansukhani LLP), Atlanta, Ryan Wilhelm, (Lewis Brisbois Bisgaard & Smith, LLP), Atlanta, Nanette Wesley, (Wesley Firm, LLC), Roswell, Samantha Skolnick, (Bloom Parham LLP), Atlanta, for other party.
    Case Number: A22A1066

    Court reverses denial of motion to dismiss amended complaint where defendant was added after expiration of statute and did not know it would be named as a party

  • Cunningham v. The State

    Publication Date: 2022-11-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Gregory Hicks, (Law Office of Gregory A. Hicks), Woodstock, for appellant.
    for defendant: Cliff Head, Shannon Wallace, (Assistant District Attorney Blue Ridge Judicial Circuit), Canton, for appellee.
    Case Number: A22A0819

    Court confirms conviction for sexual exploitation of a minor over defendant's challenges to the sufficiency of evidence.

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  • Allen v. The State

    Publication Date: 2022-11-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Larry Johnson, (Law Office of Mickey Johnson), Nashville, for appellant.
    for defendant: John Lawson, Richard Perryman, Jennifer Smith, Chase Studstill, (Alapaha Judicial Circuit Distritct Attorney’s Office), Nashville, for appellee.
    Case Number: A22A0969

    Evidence at Trial of Second, Uncharged Crime Had Little Probative Value And Was Highly Prejudicial

  • Cosby v. The State

    Publication Date: 2022-11-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Derek Wright, (Derek M. Wright LLC), Atlanta, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, Paula Smith, (Attorney General), Atlanta, Fani Willis, Lyndsey Rudder, Elizabeth Rosenwasser, (Fulton County District Attorney’s Office), Atlanta, for appellee.
    Case Number: A22A0701

    Court affirms denial of defendant's motion to withdraw a non-negotiated guilty plea to convictions for rape, kidnapping, and other crimes

  • Green v. Georgia Department of Corrections et al.

    Publication Date: 2022-11-07
    Practice Area: Civil Procedure | Civil Rights | Health Care Law | Medical Malpractice
    Industry: Health Care | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Mario Williams, (HDR LLC), Atlanta, Andrew Menefee, Atlanta, for appellant.
    for defendant: Christopher Carr, Kathleen Pacious, Loretta Pinkston-Pope, (Attorney General), Atlanta, Angela Cusimano, Peter Fisher, (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A22A0930

    Prisoner's State-Law Medical Malpractice Suit Not Valid Renewal of Earlier Suit in Federal Court

  • Wells Fargo Bank, NA v. American Builders and Contractors Supply Co., Inc. d/b/a ABC Supply Co., Inc.

    Publication Date: 2022-11-04
    Practice Area: Civil Procedure
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: Erin Howell, (Burr & Forman LLP), Atlanta, Benjamin Coulter, (Burr & Forman LLP), Birmingham, Kevin Stone, (Sugarman Law LLP), Atlanta, for appellant.
    for defendant: James Hays, (Hays Potter & Martin LLP), Peachtree Corners, for appellee; Brown Rooftops, LLC, Jackson, for other party.
    Case Number: A22A0793

    Court reverses denial of a motion to set aside a default judgment in a garnishment action where no answer to an amended pleading was required

  • Franco-Arroyo v. The State

    Publication Date: 2022-10-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Land
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Atlanta, for appellant.
    for defendant: Cliff Head, Shannon Wallace, (Assistant District Attorney Blue Ridge Judicial Circuit), Canton, for appellee.
    Case Number: A22A0854

    Court affirms convictions for child pornography and attempted child molestation over challenges to sufficiency of evidence and claims of ineffective assistance