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  • State v. Lewis

    Publication Date: 2018-03-19
    Practice Area: Criminal Law | Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Teri Walker (Fulton County District Attorney's Office), Atlanta; Paul Howard (District Attorney), Atlanta, for appellant.
    for defendant: Ashutosh Joshi (Attorney at Law), Atlanta; Matthew Winchester (Law Offices Of Matthew K. Winchester), Atlanta, for appellee.
    Case Number: A17A1692

    Officer Had No Ground to Arrest Driver and Impound Vehicle After Driver Provided Valid Proof of Insurance Coverage

  • Hardin v. The State

    Publication Date: 2018-03-02
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Margaret Heinen (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Christopher Arnt (Assistant District Attorney), Lafayette; Herbert Franklin (District Attorney), Lafayette, for appellee.
    Case Number: A17A1558

    The Court affirmed defendants' convictions in connection with sexual acts they committed against one of the defendants' stepdaughter but vacated their sentences and remanded for resentencing because the trial court failed to include mandatory split sentences and deviated below the mandatory minimum without entering written findings to justify the deviation.

  • The Law Offices Of Jorge Luis Flores, LLC v. Cruz & Associates

    Publication Date: 2018-02-16
    Practice Area: Administrative Law | Attorney Compensation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Ricardo DeMedeiros (The Law Office of Rick J. DeMedeiros, PC), Conyers, for appellant.
    for defendant: Ronald Pellitero (Cruz & Associates), Atlanta, for appellee.
    Case Number: A17A1983

    The trial court erred in reversing the Appellate Division of the State Board of Workers Compensation's decision affirming an award of attorney fees to former counsel in a worker's compensation case because, applying the appropriate standard of review, there was sufficient evidence below to support the award of attorney fees.

  • Jordan v. The State

    Publication Date: 2018-02-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: David Walker (Appellate Division-GPDC), Macon, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.
    Case Number: A17A1580

    The evidence supported defendants' convictions for armed robbery and the trial court did not abuse its discretion in refusing to postpone the proceedings until a new jury venire could be convened after defendants failed to timely return to court after lunch and the trial court issued bench warrants for their arrest in the presence of the prospective jurors.

  • Healthy-It, LLC et al. v. Agrawal et al.

    Publication Date: 2018-02-07
    Practice Area: Business Torts | Contracts
    Industry: Biotechnology | Health Care
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Ney Hoffecker Peacock & Hayle, Michael R. Peacock, for appellants.
    for defendant: Arnall Golden Gregory, Stephen M. Dorvee, for appellees.
    Case Number: A17A1257

    The Court partially reversed the trial court's order partially granting and partially denying parties' motions for summary judgment in a case arising from the breakup of a joint venture company.

  • Law Journal Press | Digital Book

    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri

    View this Book

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  • Zarouk v. The State

    Publication Date: 2018-01-30
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Cameil Reddick (Metro Conflict Defender), Atlanta, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Kevin Armstrong (Office of the District Attorney), Atlanta, for appellee.
    Case Number: A17A1922

    The trial court did not clearly err in denying defendant's motion for acquittal and discharge based on his demand for a speedy trial pursuant to O.C.G.A. § 17-7-170, because defendant failed to carry his burden to show that the demand for a speedy trial was pending for two terms of court during which there were juries impaneled and qualified to try his case.

  • Roberts et al. v. Quick Rx Drugs, Inc.

    Publication Date: 2017-11-30
    Practice Area: Civil Procedure | Medical Malpractice
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0736

    The trial court properly granted partial summary judgment to pharmacy in plaintiffs' suit for professional negligence/malpractice and punitive damages after the pharmacy gave the plaintiff the wrong medication, allegedly resulting in a fall.

  • Sure, Inc. v. Premier Petroleum, Inc.

    Publication Date: 2017-11-13
    Practice Area: Business Torts | Contracts | Contractual Disputes
    Industry: Energy
    Court: Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Brenda Gardner (The Gardner Law Firm), Atlanta; Scott McAlpine (Knight Johnson, LLC), Atlanta, for appellant.
    for defendant: Steven Mills, Timothy Walls (Mill & Hoopes, LLC), Lawrenceville, for appellee.
    Case Number: A17A1103

    The trial court partially erred in granting summary judgment to defendant in plaintiff's suit arising out of a petroleum supply contract and loan documents executed by the parties.

  • Bath v. International Paper Company et al

    Publication Date: 2017-11-13
    Practice Area: Civil Procedure | Evidence | Premises Liability
    Industry:
    Court: Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: William Bowen, Paul Painter (Bowen Painter, LLC), Savannah; April Stafford (Stafford Law Group, LLC), Statesboro, for appellant.
    for defendant: Todd Baiad, Lucas Bradley (Bouhan Falligant LLP), Savannah, for appellee. Garret Meader, Jeffrey Ward (Drew Eckl & Farnham, LLP), Brunswick, for other party.
    Case Number: A17A0906

    The trial court erred in concluding that alleged spoliated evidence was unrelated to the grounds upon which summary judgment was granted and thus erred in granting defendants' motion for summary judgment in plaintiff's premises liability and negligence action arising after he was severely injured when he was electrocuted while working at a paper plant.

  • In The Interest of A. C., a child.

    Publication Date: 2017-10-17
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Wade Krueger (Public Defender's Office), Valdosta, for appellant.
    for defendant: Joseph McKinnon (District Attorney's Office), Valdosta; J. Miller (District Attorney's Office, Southern Judicial Circuit), Moultrie; Jessica Clark (Assistant District Attorney), Valdosta; Bradfield Shealy (District Attorney Southern Judicial Circuit), Valdosta, for appellee.
    Case Number: A17A0788

    The evidence supported the juvenile court's adjudication of delinquency on one count of theft by receiving stolen property after an officer observed the juvenile running from a stolen vehicle.