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  • Brock v. Hardman

    Publication Date: 2018-06-07
    Practice Area: Civil Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: James L Brock III, Glennville, for appellant.
    for defendant: Ann Hardman (Clerk's Office, Muscogee County Superior Court), Columbus, for appellee.
    Case Number: S18A0393

    The Supreme Court dismissed prisoner's appeal from the denial of his mandamus petition seeking records related to his two murder convictions for failure to file a discretionary application as O.C.G.A. § 42-12-8 requires for civil cases filed by prisoners.

  • Dorsey v. The State

    Publication Date: 2018-05-29
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Robert Gerald O'Melveny (Chattahoochee Jucicial Circuit Public Defenders), Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-soo Youn (Department of Law), Atlanta; Julia Anne Fessenden Slater, Christopher D'Oyen Williams (Chattahoochee Judicial Circuit District Attorney's Office), Columbus, for appellee.
    Case Number: S18A0121

    The evidence supported defendant's convictions for malice murder and possession of a firearm during the commission of a felony, as the jury was authorized to reject defendant's claim that he was provoked into shooting the victim or that he acted in self-defense.

  • Caffee v. The State

    Publication Date: 2018-05-29
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Gregory A. Hicks (Law Offices of Gregory A. Hicks), Woodstock, for appellant.
    for defendant: David Martin McElyea, Jessica K. Moss, Carlton Todd Hayes (Cherokee County Solicitor General's Office), Canton, for appellee.
    Case Number: S17G1691

    Probable Cause Will Not Justify Warrantless Search Absent Exception to Warrant Requirement

  • Taylor v. The State

    Publication Date: 2018-05-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Alfonza Whitaker (Whitaker & Whitaker), Columbus; Leon Jacobson (Bukh Law Firm PLLC), Brooklynn, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; Lalaine Aquino Briones (Prosecuting Attorneys' Counsel of Georgia), Morrow; Julia Anne Fessenden Slater (Chattahoochee Judicial Circuit District Attorney's Office), Columbus; Charles Alan Spahos, Morehead City for appellee.
    Case Number: S18A0276

    Jury Could Rationally Conclude That Hit-And-Run Driver Proximately Caused Embolism That Followed Hit-And-Run Injuries

  • Leanos v. The State

    Publication Date: 2018-05-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Arturo Corso (The Corso Law Center LLC), Gainesville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Blackwell Crowder (Department of Law), Atlanta; Lee Darragh, Shiv Sachdeva (Northeastern Circuit District Attorney's Office), Columbus, for appellee.
    Case Number: S18A0528

    The evidence supported defendant's convictions for felony murder and other crimes in connection with the killing of a taxi driver.

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Soto v. The State

    Publication Date: 2018-05-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: James Waring Gibert (El Gallo Legal), Marietta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Matthew Min-soo Youn, Christopher M. Carr (Department of Law), Atlanta; John Richard Edwards, D. Victor Reynolds, Michael Scott Carlson (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S18A0346

    Record Supported Trial Court's Refusal to Charge Aggravated Assault as Lesser Offenses of Reckless Conduct or Terrorist Act

  • Stephens v. The State

    Publication Date: 2018-05-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Steven Alexander Miller (Steven A. Miller Law), Summerville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Scott Orion Teague (Department of Law), Atlanta; Stewart David Bratcher, Rosemary M. Greene (Cherokee Judicial Circuit District Attorney's Office), Cartersville, for appellee.
    Case Number: S18A0421

    Evidence Supported Conclusion Infant Ingested Cocaine After Finding It Where Parent Stored It For Sale

  • Southeastern Pain Specialists, P.C. v. Brown et al.

    Publication Date: 2018-04-11
    Practice Area: Civil Procedure | Medical Malpractice
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: William Curtis Anderson (Downey & Cleveland LLP), Marietta, for appellant.
    for defendant: James Nicholas Sadd, Daniel Marshall Epstein, Edward Malcum Wynn III (Slappey & Sadd LLC), Atlanta; John E. Hall Jr., Nichole Lee Hair (Hall Booth Smith P.C.), Atlanta; Frank Mitchell Lowrey IV, Robert Lawrence Ashe III (Bondurant, Mixson & Elmore, LLP), Atlanta; David Frank Root (Carlock, Copeland & Stair, LLP), Neil Edwards (Attorney at Law), Atlanta, for appellee.
    Case Number: S17G0732

    The Court of Appeals erred in finding that an ordinary negligence instruction was authorized by evidence that a doctor defendant responded inadequately to medical data provided by certain medical equipment during a medical procedure and thus erred in affirming a nearly $22 million award following the trial court's erroneous jury instruction on ordinary negligence.

  • Kennedy v. Kohnle

    Publication Date: 2018-03-15
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, Christopher M. Carr (Department of Law), Atlanta, for appellant.
    for defendant: Macklyn A. Smith, Lawrenceville, for appellee.
    Case Number: S17A1419

    The habeas court erred in applying Alexander v. State, 297 Ga. 59 (2015) retroactively to find that plea counsel performed deficiently in failing to advise defendant that she would not be eligible for parole for 30 years if she pleaded guilty, as Alexander created a "new rule" and thus did not apply retroactively.

  • Kemp v. The State

    Publication Date: 2018-03-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Konrad Gerhard Waldemar Ziegler, Christopher Ryan Lee (Lee & Ziegler, LLP), Canton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Matthew Min-soo Youn, Christopher M. Carr (Department of Law), Atlanta; Michael Scott Carlson, John Stuart Melvin, D. Victor Reynolds, John Richard Edwards (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17A1646

    The evidence supported defendants' convictions for malice murder and other crimes in connection with a planned robbery that turned fatal and the trial court properly admitted a former police informant's testimony about statements one of the defendants made to him while they were in jail together, as the former informant was not acting as a government agent at that time.