• The State v. Palacio-Gregorio

    Publication Date: 2021-10-08
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Patsy Austin-Gatson, Sabrina Nizamuddin, Daniel Porter, Christopher DeNeve Tristan Gillespie, (Gwinnett County District Attorney’s Office), Lawrenceville, Samuel D’entremont, (Cobb County District Attorney’s Office Cobb County Superior Courthouse), Marietta, for appellant.
    for defendant: Frances Kuo, Atlanta, for appellee.

    Case Number: A21A0800

    Court affirms defendant's convictions for sexual exploitation of children over challenges to evidence and ineffective assistance, and affirms order vacating sentences

  • Bardin v. Lindsey

    Publication Date: 2021-10-08
    Practice Area: Civil Procedure | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Thomas Cauthorn, Brittany Schmidt, (Cauthorn Nohr & Owen), Marietta, for appellant.
    for defendant: Michael St. Amand, Megan Quisao, (Gray Rust St Amand Moffett & Brieske, LLP), Atlanta, Robert Harrison, Amanda Newquist, (Downey & Cleveland LLP), Marietta, for appellee.

    Case Number: A21A0659

    Court affirms dismissal of car accident/personal injury lawsuit due to plaintiffs' failure to effect proper service of process on defendant

  • Espinosa-Herrera v. The State

    Publication Date: 2021-10-01
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Angela Dillon, Columbus, for appellant.
    for defendant: Penny Penn, Heather Dunn, (Assistant District Attorney), Cumming, for appellee.

    Case Number: A21A0949

    Court affirms convictions for family violence aggravated assault and other crimes over defendant's challenges to sufficiency of evidence

  • Express Employment Professionals et al. v. Barker

    Publication Date: 2021-09-23
    Practice Area: Personal Injury
    Industry: Distribution and Wholesale
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Robert Peery, Nichole Novosel, (Swift Currie McGhee & Hiers, LLP), Atlanta, for appellant.
    for defendant: John Dufour, (VAN Pelt & Dufour), Carrollton, for appellee; Lauren Julian Loeb, (State Board of Workers' Compensation), Atlanta, for other party.

    Case Number: A21A0912

    Court reverses trial court and agrees with administrative law board in ruling that injured employee is not entitled to further workers' compensation benefits

  • Reese v. The State

    Publication Date: 2021-09-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Ralph Villani, (Villani Law Firm), Gainesville, for appellant.
    for defendant: Deborah Gonzalez, Robert Schollmeyer, (Western Judicial Circuit District Attorney's Office), Athens, for appellee.

    Case Number: A21A1109

    Court affirms rape conviction over defendant's challenge to trial court's denial of his Batson challenge to the State's use of preemptory strikes against certain jurors

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    Authors: Janet K. Colaneri

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  • Utilicom Supply Associates, LLC v. Terra Tech, Inc.

    Publication Date: 2021-08-12
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Jason Bell, Steven Vickery, (Smith, Gambrell & Russell, LLP), Atlanta, for appellant.
    for defendant: Charles Conerly, (Attorney at Law), Carrollton, for appellee.

    Case Number: A21A0225

    Trial Court Had Inherent Authority in its Discretion to Set Aside Default Judgment

  • Redmond Park Hospital LLC d/b/a Redmond Regional Medical Center v. Floyd Health Care Management Inc. d/b/a Floyd Medical Center et al.

    Publication Date: 2021-08-11
    Practice Area: Civil Appeals | Civil Procedure | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Joshua Belinfante, Daniel Monahan, (Robbins Ross Alloy Belinfante Littlefield, LLC), Atlanta, Stephen Ecenia, (Rutledge Ecenia, P. A.), Tallahassee, for appellant.
    for defendant: Julius Peek, Benjamin Stell, (McRae Smith Peek Harman & Monroe LLP), ROME, Armando Basarrate, Elizabeth Kitchens, Grace Kopache, (Parker, Hudson, Rainer, & Dobbs LLP), Atlanta; Christopher Carr, Margaret Eckrote, Robin Cohen, Dale Cecka, (Assistant Attorney General, State of Georgia), Atlanta, Daniel Walsh, Frank Berry, Office General Counsel, (Department of Community Health) Atlanta, for appellee.

    Case Number: A21A0086

    Hospital's Initial Failure to File Timely Intervention Requests Precluded Later Requests to Intervene in Competitors' Appeals

  • Buckner-Webb et al. v. The State

    Publication Date: 2021-08-06
    Practice Area: Civil Appeals
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Stephen Scarborough, Atlanta, for appellant.
    for defendant: Fani Willis, Paul Howard, (Fulton County District Attorney's Office), Atlanta, Kevin Armstrong, (Office of the District Attorney), Atlanta, for appellee.

    Case Number: A21A0282

    Court dismisses defendants' appeal of denial of application for interlocutory review that challenged a trial court's denial of an attorney's motion to withdraw.

  • Omnitech Institute, Inc. et al. v. Norwood

    Publication Date: 2021-08-02
    Practice Area: Dispute Resolution
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Todd Pearson, Regina Molden, (Molden, & Holley, LLC), Atlanta, for appellant.
    for defendant: Steven Wolfe, Amelia Ragan, (Legare, Attwood & Wolfe, LLC), Decatur, for appellee.

    Case Number: A21A0294

    Court reverses denial of motion to compel arbitration, finding that trial court erred in applying effective vindication defense regarding plaintiff's inability to afford costs

  • Gowen v. The State

    Publication Date: 2021-07-30
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Rickman
    Attorneys: For plaintiff: Kelly Wegel, (Western Circuit Public Defender), Athens, for appellant.
    for defendant: Deborah Gonzalez, (Western Judicial Circuit, DA), Athens, Kenneth Mauldin, (District Attorney), Athens, Alex Cidado, (Athens Clarke County District Attorney's Office), Athens, for appellee.

    Case Number: A21A0651

    Officer Who Smelled What Might Have Been Either Marijuana or Hemp Had Probable Cause to Search Vehicle