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  • The State v. Preston

    Publication Date: 2019-03-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Elizabeth Baker, Tracy Lawson, (Clayton County District Attorney's Office), Jonesboro, for appellant.
    for defendant: Alfonso Kraft, (Clayton County Public Defender's Office), Jonesboro, for appellee.
    Case Number: A18A1922

    No suppression of drug evidence when police had probable cause to search suspect's car

  • The Depository Trust and Clearing Corp. v. Jones

    Publication Date: 2019-02-20
    Practice Area: Civil Procedure | Contracts
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Emily Hancock, Richard Strickland, (Brown Readdick Bumgartner Carter Strickland & Watkins), Brunswick, for appellant.
    for defendant: Carl Varnedoe, (Jones, Osteen & Jones), Hinesville, for appellee. James Durham, (Hall Booth Smith, P.C.), Brunswick, Sterling Culpepper, (Rogers and Hardin LLP), Atlanta, for other party.
    Case Number: A18A2051

    Shareholder states valid breach of contract and other claims against successor bank and transfer agent

  • The State v. Rich

    Publication Date: 2019-02-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Cliff Head, Shannon Wallace, (Assistant District Attorney), Canton, for appellant.
    for defendant: Thomas Bowers, (T. Jess Bowers, PC.), Canton, Donald Roch, (The Roch Law Firm, P.C.), Canton, for appellee.
    Case Number: A18A1986

    Court Affirms Trial Court Order Quashing Indictment Against Substitute Teacher Who was Charged with Using Position as Teacher to Sexually Abuse a Minor on Grounds that Substitute Did Not Meet Statutory Definition of "Teacher"

  • The State v. Yohman

    Publication Date: 2019-01-30
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Robert Mooradian, John Cranford, (Coweta County Da's Office), Newnan, for appellant.
    for defendant: Margaret Louttit, (Assistant Public Defender), Carrollton, for appellee.
    Case Number: A18A1695

    Criminal defendant's original sentence vacated as being void under the recidivist punishment statute

  • Appling v. State Farm Fire & Casualty Company

    Publication Date: 2019-01-28
    Practice Area: Insurance Law
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Joshua Branch, (The Law Office of Joshua W. Branch, LLC), Athens, for appellant.
    for defendant: William Cowsert, Michael Broun, (Cowsert & Avery), Athens, for appellee. Jonathan Adelman, (Waldon Adelman Castilla Hiestand & Prout), Atlanta, Rakhi McNeill, (Attorney at Law), Atlanta, for other party.
    Case Number: A18A1523

    Insurer's prior payments to a car accident victim were legitimately offset against final damages award.

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • York et al. v. Athens College of Ministry, Inc. et al.

    Publication Date: 2018-11-29
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: David Ellison, (Cowsert Heath, LLP), Athens, for appellant.
    for defendant: James Warnes, (Timmons Warnes, LLP), Athens, Thomas Mitchell, (Carothers & Mitchell, LLC), Buford, for appellee. Brian Daughdrill, (Roberts & Daughdrill, P.C.), Atlanta, for amicus curiae.
    Case Number: A18A0934

    Recipient of special use building permit waived its right to object to a resident's challenge to the issuance of that permit.

  • Pugh v. The State

    Publication Date: 2018-11-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Sandra Dawson, (The Law Office of Sandra Dawson), Marietta, for appellant.
    for defendant: Tracy Lawson, (District Attorney), Jonesboro, Elizabeth Rosenwasser, (Clayton County District Attorney), Jonesboro, for appellee.
    Case Number: A18A0898

    Court Affirms Conviction of Burglar Who Represented Himself at Trial and Challenged Voluntariness of Choosing to Proceed Pro Se

  • RCO Legal, P.S., Inc. et al. v. Johnson

    Publication Date: 2018-11-05
    Practice Area: Employment Litigation
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Matthew Gomes, Stephen Mooney, (Weinberg Wheeler Hudgins Gunn & Dial, LLC), Atlanta, for appellant.
    for defendant: Larry Johnson, (Johnson Legal Offices L.L.C), Atlanta, for appellee.
    Case Number: A18A1388

    Former employee's slander claims are struck under the anti-SLAPP statute.

  • Martinez v. The State

    Publication Date: 2018-11-05
    Practice Area: Constitutional Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: H. Morris, (Public Defender Office), Gainesville, Brock Johnson, (Northeastern Circuit Public Defender's Office), Gainesville, for appellant.
    for defendant: Lee Darragh, (District Attorney, NEJC of GA), Gainesville, Anna Fowler, (Hall County District Attorney's Office), Gainesville, for appellee.
    Case Number: A18A1051

    Detailed factual findings required to determine whether consent was given for a forensic examination of a cell phone

  • Eagle Jets, LLC. v. Atlanta Jet, Inc.

    Publication Date: 2018-10-29
    Practice Area: Contractual Disputes
    Industry: Transportation
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Donald Andersen, Catherine Banich, (Taylor English Duma LLP), Atlanta, Gary Barnes, Ellen Taylor, (Baker Donelson Bearman Caldwell & Berkowitz PC), Atlanta, for appellant.
    for defendant: Brandee Kowalzyk, Jeffrey Mapen, Richard North, (Nelson Mullins Riley & Scarborough LLP), Atlanta, John Dabney, (Attorney At Law), Cumming, for appellee.
    Case Number: A18A1194

    Court Affirms Propriety of Awarding Attorney's Fees in Dispute Over Sale of Helicopter but Vacates Amount Awarded and Remands for Reconsideration of Amount