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  • Bell v. The State

    Publication Date: 2021-03-25
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Brian Steel, (The Steel Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Alisha Johnson, Alicia Gant, (Rockdale County District Attorney's Office), Conyers, for appellee.
    Case Number: A20A1761

    Court affirms convictions for voluntary manslaughter over defendant's contentions of ineffective assistance, indictment error, and jury instruction error

  • Broadwater v. The State

    Publication Date: 2021-03-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Noah Pines, (Ross & Pines, LLC), Atlanta, Andrew Fleischman, (Ross & Pines, LLC), Sandy Springs, for appellant.
    for defendant: Joshua Smith, Henry Syms, Jared Williams, (District Attorney's Office), Augusta, for appellee.
    Case Number: A20A1635

    Admission of Evidence of Non-Defendant's Threats Against Prosecution Witness Was Harmless Error

  • Cabrera v. Ellis et al.

    Publication Date: 2021-03-08
    Practice Area: Personal Injury | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Cheryl Treadwell, (KaneTreadwell Law LLC), Atlanta, Caleb Walker, (Katherine L. McArthur, LLC), Macon, Katherine McArthur, (McaArthur Law Firm), Macon, for appellant.
    for defendant: Malissa Kaufold-Wiggins, Hugh McNatt, Hugh Peterson, Tyler Bishop, (Balch & Bingham LLP), Atlanta, for appellee.
    Case Number: A20A1674

    Premises Liability Principles Not Applicable to Fall on Stairway Resulting From Individual Tortfeasor's Failure to Exercise Due Care

  • The State v. Melly

    Publication Date: 2021-03-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Patricia Brooks, Winder, James Smith, (District Attorney), Jefferson, for appellant.
    for defendant: Kenneth Sheppard, (Attorney at Law), Smyrna, for appellee.
    Case Number: A20A1871

    Defendant convicted of sexual crimes against children was not entitled to a new trial when a juror accessed extraneous information that did not influence the jury decision

  • The State v. Melly

    Publication Date: 2021-03-03
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Patricia Brooks, Winder, James Smith, (District Attorney), Jefferson, for appellant.
    for defendant: Kenneth Sheppard, (Attorney at Law), Smyrna, for appellee.
    Case Number: A20A1871

    Defendant convicted of sexual crimes against children was not entitled to a new trial when a juror accessed extraneous information that did not influence the jury decision

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Kendricks v. The State

    Publication Date: 2021-02-25
    Practice Area: Tax
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: H. Morris, (Public Defender Office), Gainesville, Matthew Leipold, (Northeastern Judicial Circuit Public Defender), Gainesville, for appellant.
    for defendant: Harold Buckler, Lee Darragh, Wanda Vance, (Attorney At Law Assistant District Attorney), Gainesville, for appellee.
    Case Number: A20A1954

    Child Sex Crime Victim's Journal Entry Was Admissible at Trial

  • Trico Environmental Services, Inc. v. Knight Petroleum Company et al.

    Publication Date: 2020-12-15
    Practice Area: Business Torts | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Griffin Bell, Daniel Seelos, (Griffin Bell III, P.C.), Decatur, Charles Hudson, (Penn & Seaborn, LLC), Montgomery, for appellant.
    for defendant: Douglas Ballard, (Jones Petroleum Company, Inc.), Jackson, J. Pollette, (J. Keith Pollette, P.C.), Jackson, for appellee. Richard Carothers, (Attorney at Law), Buford, Brian Dempsey, (Quintairos, Prieto, Wood & Boyer, P.A.), Atlanta, for other party.
    Case Number: A20A1474

    In Real Property Dispute, Issues of Fact Remain on Breach of Warranty Claim, But Not on Breach of Contract, Negligent Misrepresentation, or Tortious Interference with Business Relations Claims

  • Bettis v. The State

    Publication Date: 2020-12-15
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Clifford Kurlander, (Georgia Public Defender Council - Appellate Division), Atlanta, for appellant.
    for defendant: Joshua Smith, Henry Syms, (Office of the District Attorney), Augusta, for appellee.
    Case Number: A20A1387

    Trial Court Did Not Violate Defendant's Confrontation Rights by Admitting an Expert Witness' Out-of-Court Statements and Test Results

  • Rafac v. Jiangsu Linhai Power Machinery Group Corporation

    Publication Date: 2020-12-11
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Mitchell Graham, (G. Roger Land & Associates), Atlanta, G. Land, (Attorney at Law), Atlanta, for appellant.
    for defendant: Donald Swift, Jaletta Smith, (Andersen Tate & Carr), Duluth, for appellee.
    Case Number: A20A0905

    Court vacates dismissal order and remands case because the trial court improperly shifted the burden of proof on service of process to the plaintiff

  • Pitts v. The State

    Publication Date: 2020-11-30
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Sean Black, (Black Law Offices), Toccoa, for appellant.
    for defendant: Anna Guardino, William Langley, (Enotah Circuit District Attorney's Office), Blairsville, for appellee.
    Case Number: A20A1565

    Court affirms trial court order that reduced a sentence of probation over contentions that the sentence should have been dismissed as fully completed