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  • Brown v. The State

    Publication Date: 2020-03-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Watson Brown, Abbeville, for appellant.
    for defendant: Jacquelyn Johnson, Thomas Buscemi, (District Attorney's Office, Brunswick Judicial Circuit), Brunswick, appellee.
    Case Number: A19A2048

    Trial Court's Failure to Impose Mandatory Fine Did Not Support Contention That Prison Sentence Was Void

  • Spikes v. The State

    Publication Date: 2020-02-07
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jad Johnson, (Office of the Public Defender), Lafayette, appellant.
    for defendant: Christopher Arnt, Herbert Franklin, (Assistant District Attorney), LaFayette, for appellee.
    Case Number: A19A1706

    Court reverses rape and child molestation convictions because trial court improperly ordered total closure of trial during the victim's testimony

  • Robinson v. The State

    Publication Date: 2020-02-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Stanley Schoolcraft, (Circuit Public Defender's Office), McDonough, for appellant.
    for defendant: Benjamin Coker, (District Attorney), Thomaston, Elizabeth Kendrick, (Griffin Circuit Superior Court), Griffin, Kathryn Lenhard, (Assistant District Attorney Spalding County Courthouse), Griffin, for appellee.
    Case Number: A19A1675

    Court affirms kidnapping conviction and life sentence over defendant's objections to the form of the jury verdict and the State's alleged "golden rule" statement.

  • Hunter et al. v. Progressive Mountain Insurance Company

    Publication Date: 2020-02-05
    Practice Area: Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Joyce Bergman, (Attorney at Law, P.C.), Fairburn, appellant.
    for defendant: Alina Krivitsky, Trevor Hiestand, Luciana Aquino, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, Frederick Valz, Brittany DeDiego, (Carlock, Copeland & Stair, LLP), Atlanta, for appellee.
    Case Number: A19A2074

    Insurer Was Not Required to Offer Insureds an Increase in UM Coverage When They Also Requested Increase in Standard Auto Coverage

  • Denson v. The State

    Publication Date: 2020-02-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jennifer Hildebrand, (Hildebrand Law Office, P.C.), Lafayette, for appellant.
    for defendant: Herbert Franklin, Bruce Roberts, (Assistant District Attorney), LaFayette, for appellee.
    Case Number: A19A2307

    No Evidence That Defendant Was More Than Mere Bystander at Scene of Drug Trafficking

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    New York Employment Law 2023

    Authors: Daniel A. Cohen, Joshua Feinstein

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  • Warner v. The State

    Publication Date: 2020-01-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Brandon Warner, (Calhoun State Prison), Morgan, for appellant.
    for defendant: Paul Howard, (District Attorney), Atlanta, for appellee.
    Case Number: A19A2329

    Trial Court Erred in Denying Defendant's Motion for Out-of-Time Appeal

  • Jung v. The State

    Publication Date: 2020-01-07
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: T Mooney, (Stein & Ward), Atlanta, for appellant.
    for defendant: Rosanna Szabo, (Solicitor-General), Lawrenceville, Christopher DeNeve, Brian Whiteside, (Gwinnett County Solicitor-General's Office), Lawrenceville, for appellee.
    Case Number: A19A2411

    Trial Court Properly Applied Four-Factor Balancing Test Applicable to Speedy-Trial Claims

  • Troup County, Georgia v. Mako Development, LLC

    Publication Date: 2019-11-13
    Practice Area: Damages | Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Thomas Fitzgerald, (Hulsey, Oliver & Mahar), Gainesville, for appellant.
    for defendant: Grant McBride, William White, (Smith, Welch, Webb & White), McDonough, for appellee.
    Case Number: A19A1497

    Claimed Easement of Airspace, Combined With Access Rights Over All Property, Yields No 'Remainder' of Property to Warrant Consequential Damages

  • Chitwood v. The State

    Publication Date: 2019-11-06
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Kenneth Sheppard, (Attorney at Law), Smyrna, for appellant.
    for defendant: Christopher Arnt, Herbert Franklin, (Assistant District Attorney), Lafayette, for appellee.
    Case Number: A19A1247

    Evidence Was Insufficient to Sustain Two of Three Child Molestation Convictions, But Sufficient to Support Convictions for Aggravated Sexual Battery

  • Klingensmith et al. v. Long County, Georgia

    Publication Date: 2019-10-29
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Brent Savage, (Attorney at Law), Savannah, for appellant.
    for defendant: Steven Blackerby, Richard Strickland, (Brown, Readdick, Bumgartner), Brunswick, for appellee.
    Case Number: A19A1295

    Negligence Claims Brought by Residents Against County for Flooding of Subdivision Are Barred by Sovereign Immunity