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  • Harvey v. The State

    Publication Date: 2018-04-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Natalie Glaser (Attorney at Law), Dublin; Micah Gates (Georgia Public Defender Council), Dalton, for appellant.
    for defendant: Herbert Poston (District Attorney), Dalton; Jennifer Baxter (Consasauga Circuit District Attorney), Dalton, for appellee.
    Case Number: A17A1789

    Prior Acts Evidence of Numerous Residential Burglary Pleas Admissible to Show Intent and Similar Crimes

  • Legacy Academy, Inc. v. Doles-Smith Enterprises, Inc.

    Publication Date: 2018-04-03
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Charles Bachman (Gregory Doyle Calhoun & Rogers LLC), Atlanta, for appellant.
    for defendant: Cary Ichter (Attorney at Law), Atlanta; William Davis (Ichter Davis, LLC), Atlanta, for appellee.
    Case Number: A17A2102

    Res Judicata Barred Francisor From Seeking Remedies It Could Have Pursued Against Franchisee in Prior Action

  • Davis et al. v. Louisiana-Pacific Corp.

    Publication Date: 2018-04-03
    Practice Area: Administrative Law | Labor Law | Toxic Torts
    Industry: Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Robert Buck, Juliana Sleeper (Buck Law Firm), Atlanta, for appellant.
    for defendant: Trisha Holland (Eraclides, Gelman, Hall, Indek, Goodman, Waters & Traverso), Lawrenceville; Marion Waters (Eraclides Gelman Hall Indek Goodman & Waters LLC), Lawrenceville, for appellee.
    Case Number: A17A1726

    Workers' Compensation Board Lacked Jurisdiction Over Work-Related Injuries Resulting From Out-Of-State Asbestos Exposure

  • Faison et al. v. Faison

    Publication Date: 2018-03-23
    Practice Area: Real Estate | Trusts and Estates
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: W. Meeks (Attorney at Law), Leesburg, for appellant.
    for defendant: John Hadden (Turkheimer & Hadden, LLC), Atlanta; John Cotton (Cotton Law Firm, P.C.), Cordele, for appellee.
    Case Number: A17A1610

    Trial Court Erred In Failing to Determine Heirs Property Before Ordering Mediation in Partition Dispute

  • Delevan v. The State

    Publication Date: 2018-03-22
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: David Clark, Lawrenceville, for appellant.
    for defendant: William Langley (District Attorney), Blairsville; Sidney Landreau (Enotah Judicial Circuit District Attorney), Blairsville, for appellee.
    Case Number: A17A1998

    The Court vacated the trial court's denial of defendant's motion for an out-of-time appeal following his convictions for DUI a related offenses and remanded to the trial court for appointment of a conflict-free counsel for defendant and a new hearing on the motion for an out-of-time appeal in order to determine who was at fault for failing to timely file the notice of appeal.

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Suntrust Bank v. Todd Cowan, As Tax Commissioner For Douglas County et al.

    Publication Date: 2018-03-22
    Practice Area: Civil Procedure | Real Estate | Tax
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Gregory Crochet (Kutak Rock LLP), Atlanta, for appellant.
    for defendant: Kenneth Bernard, Stephanie Regas (Sherrod & Bernard), Douglasville; John Doe, Jane Doe, Douglasville; Regina Jordan, Los Angeles; John Ayoub (Ayoub & Mansour, LLC), Atlanta, for appellee.
    Case Number: A17A1850

    Lienholder Who Received Excess Funds From Tax Sale Was Subject to Subsequent Appellate Court Rulings Modifying Rights of Redeeming Creditors

  • Kelly v. The State

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Thomas Robinson (Robinson & Associates), Snellville, for appellant.
    for defendant: Tracy Lawson (District Attorney), Jonesboro; Elizabeth Rosenwasser (Clayton County District Attorney), Jonesboro, for appellee.
    Case Number: A17A2037

    Defendant knowingly, voluntarily, and intelligently waived his right to counsel and he never made a post-waiver request for counsel during trial; thus, he failed to show that the trial court erred in accepting his waiver of counsel.

  • Cook Pecan Company, Inc. v. McDaniel

    Publication Date: 2018-03-02
    Practice Area: Business Torts | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Ronald Daniels (Daniels Law LLC), Perry, for appellant.
    for defendant: William Jourdain (Minor, Bell & Neal), Dalton; Michael McNeill (Macon-Bibb County Attorney's Office), Macon, for appellee.
    Case Number: A17A1428

    The trial court properly granted summary judgment to defendant in plaintiff's suit seeking equitable relief based on defendant allegedly signing a contract agreeing to enter into a lease agreement with plaintiff to allow plaintiff to harvest pecans on property that defendant was purchasing but failing to execute the lease agreement.

  • Wellstar Kennestone Hospital v. Roman

    Publication Date: 2018-02-28
    Practice Area: Civil Procedure | Damages | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Daniel Moriarty (Green Sapp & Moriarty LLP), Atlanta, for appellant.
    for defendant: Jonathan Adelman, Ashley Rice (Waldon Adelman Castilla Hiestand & Prout), Atlanta; William Baker (Worsham, Corsi, Scott, Knighten & Dobur), Atlanta, for appellee. Adam Long (Burrow & Associates LLC), Darrell Burrow (Attorney at Law), Duluth; Georgia Defense Lawyers Association ("GDLA"), Atlanta; Martin Levinson, William Martin (Hawkins Parnell Thackston & Young LLP), Atlanta, for other party. Matt Nasrallah (Robertson, Bodoh & Nasrallah, LLP), Marietta, for amicus curiae.
    Case Number: A17A1497

    The trial court did not abuse its discretion in denying non-party hospital's motion to modify a subpoena in a lawsuit arising out of an automobile collision.

  • In The Interest Of T. W., a child.

    Publication Date: 2018-02-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Willymena Joseph (Georgia Public Defender Council), Brunswick, for appellant.
    for defendant: Jacquelyn Johnson (District Attorney), Brunswick; Thomas Buscemi (District Attorney's Office, Brunswick Judicial Circuit), Brunswick, for appellee.
    Case Number: A17A1681

    The Court reversed the adjudication of delinquency to the extent it was based upon a finding that juvenile had participated in criminal street gang activity because evidence showing that juvenile was with gang members and accepted a gun from a gang member was legally insufficient to support the ruling.