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  • Shriver v. The State

    Publication Date: 2024-06-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Warnock, (Mitchell Warnock, LLC), Dublin, for appellant.
    for defendant: Louie Fraser, Grady Cullens, (Dublin Judicial Circuit District Attorney’s Office), Dublin, for appellee.
    Case Number: A24A0068

    Court affirms denial of motion to dismiss for alleged speedy trial violation, finding that the four-factor Barker-Doggett balancing test did not justify dismissal of an indictment

  • Gelin v. Welch

    Publication Date: 2024-06-10
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Christopher McCormick, (The McCormick Firm, P.C.), Atlanta, for appellant.
    for defendant: David Conley, Stephen Steele, (Moore Ingram Johnson & Steele, LLP), Marietta, for appellee; Darrell Caudill, (Roach Caudill & Gunn LLP), Canton, Robert Abbott, Heather Logan, (Abbott & Abbott, P.C.), Marietta, for other party.
    Case Number: A24A0236

    Court affirms custody modification and child support calculations in order that awarded retired father custody and child support, but reverses and remands for income assessment of father

  • Strickland v. The State

    Publication Date: 2024-05-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: William Hewitt, (Appellate Attorney GPDC), Savannah, for appellant.
    for defendant: Charles Higgins, (District Attorney’s Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney’s Office, Brunswick Judicial Circuit), Kingsland, Rome, for appellee.
    Case Number: A24A0344

    Court affirms child molestation convictions and rejects defendant's due process claim that was based on a 20-year delay and his contentions of insufficient evidence

  • Smith v. Six Flags Over Georgia II, LP

    Publication Date: 2024-04-08
    Practice Area: Personal Injury | Premises Liability
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jared Lina, James Goldstein, (Goldstein & Hayes, P.C.), Atlanta, for appellant.
    for defendant: Andrew Bagley, Colleen Callaghan, (McGrew Miller Bomar & Bagley LLC), Atlanta, for appellee.
    Case Number: A23A1431

    Court affirms summary judgment for an amusement park in a personal injury case, finding that injured party had equal knowledge of risks that were open and obvious

  • Latium USA Trading, LLC v. Smith

    Publication Date: 2024-04-05
    Practice Area: Contracts | Damages
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Charles Van Horn, Jeremy Kahn, (Berman Fink Van Horn P.C.), Atlanta, for appellant.
    for defendant: Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, for appellee; Richard Wayne, Matthew Tokajer, (Richard C. Wayne & Associates, P. C.), Atlanta, for other party.
    Case Number: A23A1262

    Court reverses part of a default judgment due to improper calculation of loss of use damages in a case involving faulty window installation, but affirms all other aspects of the judgment

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    Chester County Court Rules 2024

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  • Amos et al. v. Creative Consulting Services, Inc. et al.

    Publication Date: 2024-03-26
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: David Hughes, (Hall Hirsh Hughes, LLC), Decatur, for appellant.
    for defendant: Douglas Esq, Anelise Codrington, (Chartwell Law), Atlanta, for appellee.
    Case Number: A23A1609

    Court reverses summary judgment that had favored a care coordination agency in a wrongful death lawsuit, noting genuine issues of material fact as to the agency's oversight of a care facility

  • In the Interest of M. J. H., a child.

    Publication Date: 2024-03-15
    Practice Area: Family Law | Immigration Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Emily Davis, (Ross & Pines LLC), Atlanta, for appellant.
    for defendant: April Hall, Austell, for appellee.
    Case Number: A23A1764

    Court affirms custody and dependency decisions in complex international family law case, finding that returning a child to his home country would be in his best interests despite known risks

  • McBrayer et al. v. Scarbrough

    Publication Date: 2024-02-27
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A22A0002

    Court reverses grant of judgment on the pleadings in a wrongful death case due to waived sovereign immunity

  • Clark v. The State

    Publication Date: 2024-02-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A23A1675

    Court affirms convictions for child molestation and public indecency over defendant's contentions of insufficient evidence, jury instruction error, and error in admitting expert testimony

  • Compton v. The State

    Publication Date: 2024-02-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jad Johnson, Victor Aloisio, (Office of the Public Defender, Lookout Mountain Judicial Circuit), Lafayette, for appellant.
    for defendant: Clayton Fuller, (Lookout Mountain Judicial Circuit District Attorney), Lafayette, for appellee.
    Case Number: A23A1703

    Court affirms conviction for theft by receiving stolen property despite alleged conflict between defendant's Alford plea and claim of innocence