• Southern Piedmont Law, PC v. Pierre

    Publication Date: 2022-02-23
    Practice Area: Attorney Compensation | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jason Smith, (Attorney at Law), Winter Garden, for appellant.
    for defendant: Jionel Pierre, Peachtree City, for appellee.

    Case Number: A21A1795

    Trial Court Lacked Authority to Allow Party to Pay Judgment for Attorney Fees and Costs Over Two-Year Period

  • Britt v. The State

    Publication Date: 2022-02-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Frances Kuo, Atlanta, for appellant.
    for defendant: James Smith, (District Attorney), Jefferson, Gregory Wagner, (Assistant District Attorney), Jefferson, Victoria Goff, (Western Judicial Circuit District Attorney's Office), Athens, for appellee.

    Case Number: A21A1695

    Court reverses and remands denial of a pro se motion to withdraw a negotiated guilty plea because defendant was not warned of post-conviction risks of proceeding pro se

  • Howard v. The State

    Publication Date: 2022-02-22
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Steven Phillips, Margaret Bullard, (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Fani Willis, Mathew Plott, (Office of the Fulton County District Attorney), Atlanta, for appellee.

    Case Number: A21A1618

    Court vacates an order dismissing a grant of an out-of-time appeal to a defendant, and vacates a conviction and sentence due to merger error.

  • The State v. Gilmore

    Publication Date: 2022-02-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Leigh Patterson, Luke Martin, Morgan Bottger, (Floyd County District Attorney's Office), Rome, for appellant.
    for defendant: Sean Lowe, (Assistant Public Defender), Ringgold, Jonathan Hamrick, (Rome Circuit Public Defender Office), Rome, for appellee.

    Case Number: A20A0189

    Court reverses denial of admission of a video showing a drug purchase by a now-deceased confidential information, finding no Confrontation Clause violation

  • Baker v. The State

    Publication Date: 2022-01-31
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David Brisendine, Zebulon, Patrick Baker, (Telfair State Prison), Helena, for appellant.
    for defendant: Herbert Poston, (District Attorney), Dalton, Victoria Parker, (Attorney at Law), Dalton, for appellee.

    Case Number: A21A1442

    Court vacates sentence for armed robbery and remands for both resentencing and consideration of defendant's motion to withdraw his guilty plea

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  • In the Interest of C. B., a child (mother).

    Publication Date: 2022-01-28
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Jessica Tucker, (The Law Offices of J Nichole Tucker, LLC), Decatur, for appellant.
    for defendant: Christopher Carr, Shalen Nelson, (Attorney General), Atlanta, Emily Harris, (Department of Law), Atlanta, Jerry Thacker, (Attorney at Law), Conyers, Raymond Gordon, (Raymond F. Gordon PC), Atlanta, for appellee; Dana Leader, (DeKalb County Child Advocacy Center), Decatur, for other party.

    Case Number: A21A1195

    Court reverses juvenile court order and concludes a child to be not dependent because DFCS did not present clear and convincing evidence of present dependency

  • Hearn v. Guarin et al.

    Publication Date: 2022-01-26
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: William Bryant, Wayne Tartline, Eric Connelly, (Bovis Kyle Burch & Medlin, LLC), Atlanta, for appellant.
    for defendant: Jason Craig, (Attorney at Law), Vidalia, for appellee.

    Case Number: A21A1620

    Court vacate denial of motion to dismiss, finding that trial court relied on erroneous facts in concluding that plaintiffs had accomplished service of process

  • T & T Transportation v. Duckworth

    Publication Date: 2021-11-15
    Practice Area: Damages | Motor Vehicle Torts
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: William Jones, (Attorney at Law), Stone Mountain, for appellant.
    for defendant: Jeremy Attaway, (Worsham Corsi Scott & Knighten), Macon, for appellee.

    Case Number: A21A0987

    Vehicle Owner Presented Sufficient Evidence of Special Damages to Raise Material Issue of Fact

  • Smith et al. v. City of Roswell et al.

    Publication Date: 2021-11-11
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Terry Jackson, (Attorney at Law), Atlanta, for appellant.
    for defendant: Sun Choy, Wesley Jackson, (Freeman Mathis Gary, LLP), Atlanta, Patrick Hannon, (Hall & Lampros LLP), Atlanta, Peter Lampros, (Attorney at Law), Atlanta, Hilliard Castilla, Matthew Hurst, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, Detriss Thomas, Patrick O'Connor, Patrise Perkins-Hooker, Denval Stewart, Joey Logan-Pugh, (Fulton County Office of the County Attorney), Atlanta, Emily Hirst, (Georgia Municipal Association), Atlanta, Jacquelyn Smith, (Attorney at Law), Alpharetta, Matthew Moffett, Marie Wilcox, Jordan Raymond, (Gray Rust St Amand Moffett & Brieske LLP), Atlanta, Jennifer Nichols, Maren Cave, (Swift, Currie, McGhee & Hiers, LLP), Atlanta, Charles Medlin, (Bovis, Kyle & Burch, LLC), Atlanta, Winfield Pollidore, (Attorney at Law), Atlanta, for appellee.

    Case Number: A21A0789

    Court affirms denial of motion to consolidate absent defendants' consent, and affirms dismissal of claims against a City on grounds of sovereign immunity.

  • Rowe d/b/a Shellmar Tree Service v. Tyson

    Publication Date: 2021-11-08
    Practice Area: Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Walter Adams, (Attorney at Law), Brunswick, for appellant.
    for defendant: Brent Savage, Zachary Sprouse, (Savage Turner & Pinckney PC), Savannah, for appellee.

    Case Number: A21A1091

    Court affirms jury verdict and $4.25 million award in injured employee's failure in a negligence case against an employer