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  • Amguard Insurance Company v. Kerkela

    Publication Date: 2018-04-23
    Practice Area: Administrative Law | Civil Procedure | Labor Law
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Alfred Quillian (Scrudder, Bass, Quillian, Horlock, Taylor & Lazar), Atlanta, for appellant.
    for defendant: Ronald Conner (Morgan & Morgan PA), Atlanta, for appellee. Jorge Flores (The Law Office of Jorge Luis Flores, LLC), Conyers; Patricia Taylor (State Board of Workers' Compensation), Atlanta, for other party.
    Case Number: A17A1498

    Trial Court Erred in Reinterpreting Factual Findings of Workers' Compensation Board

  • Johnson v. Hauck

    Publication Date: 2018-04-10
    Practice Area: Constitutional Law | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Sherry Campbell (Attorney at Law), Warner Robins, for appellant.
    for defendant: Kevin Bradley (Attorney at Law), Macon, for appellee.
    Case Number: A17A1805

    Adoption Petition Failed to Apprise Biological Mother of Factual Allegations

  • Ya Van v. Siv Cheng Kong As Administratrix Of The Estate Of Chheng Siv Voigt et al.

    Publication Date: 2018-03-26
    Practice Area: Civil Procedure | Premises Liability
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Lloyd Hedrick (Hedrick Law LLC), Atlanta, for appellant.
    for defendant: Melvin Hewitt, Hilary Hunter (Isenberg & Hewitt PC), Atlanta, for appellee. Maren Cave (Swift, Currie, McGhee & Hiers), Atlanta, for other party.
    Case Number: A17A1713

    The trial court erred in denying defendant's motion for summary judgment in plaintiff's suit alleging that defendant was negligent in failing to keep her home safe from known dangers and dangerous conditions on the property when she allowed her son-in-law to enter her home and he fatally stabbed her daughter, as there was no evidence from which to conclude that defendant had reason to anticipate the man's violent conduct.

  • Benning v. The State

    Publication Date: 2018-03-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Teresa Doepke (Office of the Public Defender), Covington, for appellant.
    for defendant: Layla Zon (District Attorney), Covington; Tabitha Rogers (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A17A1761

    The Court affirmed defendant's convictions for several offenses stemming from a brutal assault on his live-in girlfriend, holding that the trial court did not abuse its discretion in admitting evidence of two prior sexual assaults at trial because the evidence was relevant to show defendant's intent and the probative value was not substantially outweighed by the danger of unfair prejudice.

  • Lester v. The State

    Publication Date: 2018-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Kevin A. Anderson, for appellant.
    for defendant: Paul L. Howard, Jr., District Attorney, F. McDonald Wakeford IV, Assistant District Attorney, for appellee.
    Case Number: A17A1007

    The Court affirmed defendant's conviction for aggravated assault for striking his former girlfriend in the face with a pool stick, ultimately resulting in the loss of her eye, as the trial court did not abuse its discretion in barring defendant's counsel from asking certain questions during voir dire and did not err in denying defendant's motion to strike the venire after State displayed demonstrative versions of a pool stick in the courtroom during voir dire.

  • Law Journal Press | Digital Book

    Massachusetts Legal Ethics & Malpractice 2017

    Authors: James S. Bolan, Sara N. Holden

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  • Whaley v. The State

    Publication Date: 2018-02-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: The Merchant Law Firm, Ashleigh B. Merchant, John B. Merchant III, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, Amelia G. Pray, John S. Melvin, Assistant District Attorneys, for appellee.
    Case Number: A17A0848

    The evidence supported defendant's conviction on one count of violation of Georgias RICO Act for acquiring money and property through a pattern of racketeering activity in violation of O.C.G.A. § 16-14-4 (a) and the trial court did not plainly err in admitting extrinsic act evidence of defendant's prior guilty plea to theft by taking.

  • In the Interest of R. C. et al., children.

    Publication Date: 2018-02-06
    Practice Area: Civil Procedure | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: LeGault Legal, Michelle R. LeGault, for appellant.
    for defendant: Christopher M. Carr, Attorney General, Annette M. Cowart, Deputy Attorney General, Shalen S. Nelson, Penny L. Hannah, Senior Assistant Attorneys General, Marie Y. Watson, Assistant Attorney General, for appellee.
    Case Number: A17A1277

    The Court reversed the termination of mother's parental rights to her two minor children, holding that she was denied due process based on improper service by publication.

  • EMM Credit, LLC v. Alexander Remington et al.

    Publication Date: 2017-12-06
    Practice Area: Civil Procedure | Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Bret Thrasher, Sarah Newman (Thompson, O'Brien, Kemp & Nasuti, P. C.), Norcross, for appellant.
    for defendant: Robert Koski (The Koski Firm), Sarasota; Grace Tillman (Richard C. Wayne & Associates, PC.), Atlanta; Steven Lefkoff (Lefkoff Law, LLC), Atlanta; Scott King (Jacobs King & Wallack LLC), Atlanta, for appellee.
    Case Number: A17A1031

    The trial court properly found that creditor's fraudulent transfer claim was not assignable.

  • Whaley v. The State

    Publication Date: 2017-11-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Ashleigh Merchant (The Merchant Law Firm, PC), Marietta, for appellant.
    for defendant: Amelia Pray (District Attorney's Office, Cobb Judicial Circuit), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A17A0848

    The evidence supported defendant's conviction for a RICO violation after he and his fianc stole over $800,000 from her employer by writing unauthorized checks from the employer's account.

  • Carpenter v. The State

    Publication Date: 2017-11-20
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: August Siemon (Attorney at Law), Atlanta, for appellant.
    for defendant: Marie Banks (Houston County District Attorney), Perry; George Hartwig (District Attorney Houston Judicial Circuit), Perry, for appellee.
    Case Number: A17A1354

    Defendant failed to prove his ineffective assistance of counsel claim based on trial counsel's failure to object to the victim's in-court identification, because any objection would have been meritless and failure to raise a meritless objection does not constitute deficient performance; however, the trial court erred in failing to merge certain counts for sentencing.