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Publication Date: 2018-01-02
Practice Area: Constitutional Law | Criminal Law | Evidence
Industry:
Court: Georgia Supreme Court
Judge: Justice Hunstein
Attorneys: For plaintiff: Michael Robert McCarthy (Mike McCarthy, Criminal Defense Lawyer), Rocky Face, for appellant.
for defendant: Herbert McIntosh Poston, Jr., Victoria Keely Parker, (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
Case Number: S17A1385
The Supreme Court affirmed defendant's convictions and sentences for aggravated sexual battery, child molestation, cruelty to children in the first degree and false imprisonment and found that his life sentence for aggravated sexual battery did not constitute cruel and unusual punishment in violation of the Georgia Constitution.
Publication Date: 2017-12-29
Practice Area: Criminal Law | Evidence
Industry:
Court: Georgia Supreme Court
Judge: Justice Hunstein
Attorneys: For plaintiff: Jessica A. Seares, Nazish Altaf Ahmed (Atlanta Circuit Public Defender's Office), Atlanta, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston, Matthew Blackwell Crowder (Department of Law), Atlanta; Joshua Daniel Morrison, Paul L. Howard, Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
Case Number: S17A1490
The evidence supported defendant's convictions for felony murder and related offenses in connection with the shooting death of his wife and the trial court did not err in admitting hearsay statements about the couple's volatile history pursuant to the necessity exception.
Publication Date: 2017-11-07
Practice Area: Family Law
Industry:
Court: Supreme Court
Judge: Justice Hunstein
Attorneys: For plaintiff: Richard Allen Sanders, Jr. (Andrews & Sanders Law Offices), Savannah, for appellant.
for defendant: David Benton Purvis, Michael Eric Manely (The Manely Firm, PC.), Marietta, for appellee.
Case Number: S17A0767
The Court reversed the grant of summary judgment to mother on the issue of paternity in a divorce action, finding that O.C.G.A. 19-7-21, which creates an irrebuttable presumption of legitimacy with respect to children conceived by means of artificial insemination does not extend to children conceived by in-vitro fertilization treatment.
Publication Date: 2017-11-02
Practice Area: Real Estate | Tax
Industry:
Court: Court of Appeals
Judge: Justice Hunstein
Attorneys: For plaintiff: Charles F. Palmer, Kevin Gregory Meeks (Troutman Sanders LLP), Atlanta; Robert R. Lomax (Robert R. Lomax, LLC), Columbus, for appellant.
for defendant: Jeffrey Albright Brown (Brown & Adams, LLC.), Columbus; James Randolph Evans, Keshia Williams Lipscomb (Dentons US LLP), Atlanta; Andrew Armstrong Rothschild, Jerome M. Rothschild (Rothschild & Rothschild PC), Columbus; Scott C. Crowley, Columbus, for appellee.
Case Number: S17G0091
A bond validation order did not conclusively establish whether hospital's leasehold interest in a continuing care retirement facility was "public property" for tax purposes, and to the extent that the Court of Appeals and superior court considered the bond validation judgments conclusive on the question of taxability, the Court reversed and remanded.
Publication Date: 2017-10-31
Practice Area: Criminal Law | Evidence
Industry:
Court: Court of Appeals
Judge: Justice Hunstein
Attorneys: For plaintiff: John Clayton Culp (Waycross Circuit Public Defender), Waycross, for appellant.
for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; George Elemuel Barnhill, Ian Louis Sansot (Waycross Judicial Circuit District Attorney's Office), Douglas, for appellee.
Case Number: S17A1126
In defendant's trial for malice murder and other crimes, the trial court did not abuse its discretion in allowing State to admit into evidence a recorded conversation in which defendant and a third party discussed the crimes at issue and the evidence supported defendant's convictions.
Law Journal Press | Digital Book
Authors: Michael R. Griffinger, Paul F. Cullum III
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Publication Date: 2017-10-04
Practice Area: Damages | Toxic Torts
Industry:
Court: Court of Appeals
Judge: Justice Hunstein
Attorneys: For plaintiff: William Randal Bryant, Wayne Stephen Tartline (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, for appellant. Christopher Shane Keith, Charles Benjamin Carmichael (Hawkins Parnell Thackston & Young LLP), Atlanta, for amicus appellant.
for defendant: Edward Malcum Wynn III, James Nicholas Sadd (Slappey & Sadd LLC), Atlanta, for appellee.
Case Number: S17A0811
The trial court properly denied defendant's motion for summary judgment in plaintiff's negligence action arising out of injuries she sustained after being struck by a tree limb while on defendant's property because genuine issues of material fact remained but erred in granting partial summary judgment to plaintiff on defendant's apportionment claim.
Publication Date: 2017-10-03
Practice Area: Employment Litigation | Government
Industry:
Court: Court of Appeals
Judge: Justice Hunstein
Attorneys: For plaintiff: J. Matthew Maguire Jr. (Parks, Chesin & Walbert, PC.), Atlanta, for appellant.
for defendant: Jerolyn Webb Ferrari, Kristen Boyd Williams, Paula Rafferty Miller, Kaye Woodard Burwell (Office of the Fulton County Attorney), Atlanta; Dominique A. Martinez (Office of the County Attorney), Atlanta, for appellee.
Case Number: S17A0880
The trial court properly granted summary judgment to Fulton County in plaintiff's suit for breach of contract, mandamus relief and attorney fees after his employment as the Finance Director for Fulton County was terminated because Fulton County Personnel Regulation 300-4 subsection (7) does not form the basis of an employment contract.
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