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  • Huff v. The State

    Publication Date: 2018-07-06
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Philip Clark (Western Judicial Circuit Public Defender), Athens, for appellant.
    for defendant: Jeffrey Kwiatkowski (Office of the District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A18A0073

    The trial court erred in denying defendant's motion to suppress evidence of a handgun that was found in a backpack after he was arrested because State failed to meet its burden to prove that the warrantless search of defendant's backpack was lawful.

  • Belcher v. Belcher

    Publication Date: 2018-07-05
    Practice Area: Attorney Compensation | Family Law
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Mary Forwood (Forwood Law LLC), Watkinsvilee, for appellant.
    for defendant: Barry Fitzpatrick (Law Office of Lane Fitzpatrick), Danielsville, for appellee.
    Case Number: A18A0362

    Attorney Fees and Costs Awarded Against Former Spouse Whose Claimed Reason for Ceasing Alimony Payments Lacked Factual Basis

  • Cruz Pico et al. v. Brady

    Publication Date: 2018-06-20
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Julye Johns, Emaly Arndt (Huff Powell & Bailey LLC), Atlanta, for appellant.
    for defendant: Christopher McClurg (Attorney at Law), Lawrenceville, for appellee.
    Case Number: A18A0189

    The trial court properly denied defendants' motion to dismiss plaintiff's medical malpractice action because plaintiff did not "retain" counsel more than 90 days prior to the expiration of the period of limitation and she was thus entitled to invoke the 45-day extension of time to file an expert affidavit.

  • Lee v. Batchelor

    Publication Date: 2018-05-18
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Howard Lee, Lawrenceville, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta, for appellee.
    Case Number: A18A0273

    The trial court erred in failing to conduct a hearing before denying appellant's request to proceed in forma pauperis in a civil action he intended to file because no one filed a traverse contesting the truth of his affidavit of poverty.

  • Nations v. The State

    Publication Date: 2018-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Lawrence Daniel (Attorney at Law), Atlanta, for appellant.
    for defendant: Brian Fortner (Douglas County District Attorney), Douglasville; Samantha Newman (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A17A1444

    Circumstantial Evidence as to Location and Prior Crimes Supported Burglary Convictions

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Wimbush v. The State

    Publication Date: 2018-04-19
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Therian Wimbush, Hawkinsville, for appellant.
    for defendant: Dan Mayfield (District Attorney's Office), Lawrenceville; Daniel Porter (District Attorney), Lawrenceville, for appellee.
    Case Number: A17A2056

    The evidence sufficiently supported defendant's convictions for three counts of cruelty to children in the second degree after she locked one child in a closet in a basement for nearly two years and failed to seek medical care for a second child who had a cancerous tumor.

  • Borotkanics v. Humphrey

    Publication Date: 2018-04-16
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Brad Macdonald (Hill/Macdonald, LLC), Marietta, for appellant.
    for defendant: Rhonda Kreuziger (The Kreuziger Law Firm, PC.), Fayetteville, for appellee.
    Case Number: A17A1537

    Trial Court Impermissibly Modified Divorce Decree By Ordering Party to Sell Property

  • Wilson v. Perkins

    Publication Date: 2018-04-16
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Brian Daughdrill (Roberts & Daughdrill, PC.), Atlanta, for appellant.
    for defendant: Ryan Proctor (Stearns-Montgomery & Proctor), Marietta; Christopher Hobson (Smith, Schnatmeier, Dettmering, Collins, Reeves, Hobson & Hobson, LLP), Marietta, for appellee.
    Case Number: A17A1520

    Evidence of Parent's Earlier Nolo Contendere Plea Not Admissible in Child Custody Modification Hearing

  • St. Marys Health Care System, Inc. v. Roach et al.

    Publication Date: 2018-04-10
    Practice Area: Health Care Law | Medical Malpractice | Personal Injury
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Michael Bailey, Leslie Cline, Bailey Sabulis (Huff, Powell & Bailey, LLC), Atlanta, for appellant.
    for defendant: J. Cook (Cook, Noell, Tolley, Bates & Michael), Athens; Robert Irwin (Cook Noell, Tolley & Bates, LLP), Athens, for appellee. James Brim (Forrester & Brim, LLP), for other party.
    Case Number: A17A1582

    Emergency Room Physician's Decision Not to Ask On-Call Radiologist to Review X-Ray Sounded in Professional Negligence as to the Hospital

  • Byrd v. The State

    Publication Date: 2018-04-09
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Kevin Anderson (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: James Chafin (Assistant District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A17A1599

    Defense Counsel's Strategic Decision Not to Seek Jury Instruction on Lesser Included Offense Was Not Patently Unreasonable