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  • 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.

  • St. Joseph's Hospital of Atlanta, Inc. v. Gardner Sewell Hall et al.

    Publication Date: 2017-11-03
    Practice Area: Business Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Stephen Sparwath (Owen, Gleaton, Egan, Jones & Sweeny, LLP), Atlanta, for appellant.
    for defendant: Richard Mitchell, Patrick O'Connor (Mitchell & Shapiro LLP), Atlanta, for appellee.
    Case Number: A17A0824

    The trial court erred in denying hospital's motion to dismiss plaintiff's slip and fall suit arising after he fell on black ice in the parking lot, because there were no questions of fact remaining as to whether the hospital had superior knowledge of the patch of black ice on which plaintiff fell or whether its remedial efforts to clear the parking deck of snow and ice contributed to the icy conditions.

  • Austin v. The State

    Publication Date: 2017-10-27
    Practice Area: Judges
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Robert Barr (Attorney at Law), Atlanta; Brannon Burroughs (Law Office of Bob Barr), Sandy Springs, for appellant.
    for defendant: Anne Allen (Assistant District Attorney Coweta Judicial Circuit), Carrollton; Peter Skandalakis (District Attorney Coweta County District Attorney's Office), Lagrange; Ashley Hurley (Okelley & Sorohan LLC), Duluth, for appellee.
    Case Number: A17A1151

    The trial court did not err in denying defendant's petition to seal records pursuant to O.C.G.A. 42-8-62.1, Georgia's statute limiting public access to first offender records in the custody of the clerk of court, because defendant's guilty plea to repeated violations of public trust in connection with his dental profession authorized the trial court to conclude that defendant's interest in having the documents sealed was far outweighed by the public's interest in having the records available.

  • Thompson v. The State

    Publication Date: 2017-10-20
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Kevin Anderson (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Robert James (District Attorney), Decatur; Sherry Boston (DeKalb County District Attorney), Decatur; Deborah Wellborn (Assistant District Attorney), Decatur, for appellee.
    Case Number: A17A0676

    The trial court did not abuse its discretion in overruling defendant's objection to a statement the prosecutor made in her closing argument or in failing to rebuke the prosecutor because the prosecutor's comment was a reasonable inference raised by the evidence.

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  • Suggs v. The State

    Publication Date: 2017-10-19
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Justin Williams (Williams & Williams Law Firm, LLC), Alpharetta, for appellant.
    for defendant: Stephanie Woodard (Solicitor General), Gainesville; Daniel Sanmiguel (Hall County Solicitor's Office), Gainesville, for appellee.
    Case Number: A17A0841

    The trial court properly denied defendant's motion to suppress all evidence surrounding and including his arrest for DUI-less safe after a sheriff deputy conducted a traffic stop in his appointed territory but performed a DUI investigation and arrested defendant outside of the territorial boundary of his law enforcement agency.

  • Saws At Seven Hills, LLC et al. v. Forestar Realty, Inc. et al.

    Publication Date: 2017-10-05
    Practice Area: Contracts | Real Estate | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Richard Herzog, Gregory Taube, Jessica Watson (Nelson Mullins Riley & Scarborough, LLP), Atlanta, for appellant.
    for defendant: Simon Bloom, Shannan Oliver, Ryan Harbin (Bloom Sugarman Everett, LLP), Atlanta, for appellee.
    Case Number: A17A0869

    The trial court erred in denying defendants' motions for summary judgment on plaintiffs' claims for tortious inference with business relations because plaintiffs failed to show evidence that it suffered any damages as a result of defendants' alleged interference.

  • Smith v. The State

    Publication Date: 2017-09-29
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Matthew Winchester (Law Offices of Matthew K. Winchester), Atlanta; Nora Benavidez (Law Office of Nora Benavidez), Atlanta, for appellant.
    for defendant: Thomas Kegley (Assistant District Attorney), Douglasville; Brian Fortner (Douglas County District Attorney), Douglasville; Sean Garrett (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A17A1252

    The trial court erred in refusing to give defendant's requested jury charge on the lesser included offense of vehicular homicide in the second degree in his trial for vehicular homicide in the first degree so the Court reversed his conviction and remanded for a new trial.

  • Smith et al. v. Braswell et al.

    Publication Date: 2017-09-28
    Practice Area: Expert Witnesses | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Lyle Warshauer (Warshauer Law Group PC), Atlanta; Max Freeman, Les Weisbrod, Luke Metzler, Lawrence Lassiter (Miller Weisbrod LLP), Dallas, for appellant
    for defendant: Daniel Huff, Taylor Tribble (Huff, Powell & Bailey LLC), Atlanta, Patrick Walsh (Hinkhouse Williams Walsh LLP), Chicago, for appellee.
    Case Number: A17A1191

    The trial court did not abuse its discretion in excluding plaintiff's expert's testimony after concluding that the preponderance of the evidence weighed against the admissibility of the expert's theory of causation; plaintiff thus failed to show causation and the trial court properly granted defendant's motion for summary judgment in plaintiff's negligence action arising from the labor and delivery of her son.