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  • Murray v. Community Health Systems Professional Corp. et al.

    Publication Date: 2018-04-17
    Practice Area: Civil Procedure | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: John Brown (Attorney at Law), Augusta, for appellant.
    for defendant: Thomas Cathey, George Hall (Hull Barrett PC), Augusta; Richard Sheinis (Hall Booth Smith P.C.), Charlotte; Sean Cox (Attorney at Law), Atlanta, for appellee.
    Case Number: A17A2112

    The trial court properly granted summary judgment to defendants on plaintiff's retaliation claim because she failed to establish a prima facie case of retaliation but partially erred in granting defendants' motion for summary judgment on plaintiff's defamation claims, as a genuine issue of material fact remained with respect to one of the claims.

  • Budhani v. The State

    Publication Date: 2018-04-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Brian Steel (The Steel Law Firm, PC.), Atlanta; Miguel Debon (The Debon Law Group, PC), Lawrenceville, for appellant.
    for defendant: Layla Zon (District Attorney), Covington; Jillian Hall (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A18A0645

    The trial court did not err in denying defendant's motion to suppress his custodial statement in his trial for possessing and selling a Schedule-1 controlled substance, a synthetic form of marijuana, after finding that the custodial statement was voluntary.

  • Ray v. Hadaway et al.

    Publication Date: 2018-03-29
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Timothy King (Hodges, McEachern & King), Jonesboro, for appellant.
    for defendant: Eloise Hadaway, (c/o Hank Hadaway), Milledgeville; Sam Evans, Athens, for appellee.
    Case Number: A17A1417

    Triable Issues As To Whether Decedent's Grandson Had Fiduciary Duty to Restore Co-Owned Property to Decedent's Sole Ownership

  • Escamilla v. The State

    Publication Date: 2018-03-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals, 2nd Division
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jerry Chappell (Solo practicioner), Roswell, for appellant.
    for defendant: Darius Pattillo (District Attorney), McDonough; Sharon Hopkins (Henry County District Attorney's Office), McDonough, for appellee.
    Case Number: A17A2011

    Evidence of Acts of Exploitation Supported Conviction for Exploitation of Elder Person

  • Serdula v. The State

    Publication Date: 2018-03-12
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Nathanael Horsley (Attorney at Law), Atlanta, for appellant.
    for defendant: Michael Carlson, John Edwards (District Attorney's Office Cobb Judicial Circuit), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A17A1454

    The Court vacated defendant's convictions and remanded the case to the trial court for the case to be referred to a different trial judge to decide defendant's motion to recuse the judge who had presided over the case, because the proceeding was one in which the trial judges impartiality might reasonably be questioned and, at a minimum, the motion should have been referred to another judge.

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    Harris County Bench Book 2025

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  • Haulers Ins. Co. v. Davenport

    Publication Date: 2018-03-07
    Practice Area: Insurance Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Steven Kyle, William Davis, Roy Xiao (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, for appellant.
    for defendant: Francis Jones (Attorney at Law), Atlanta, for appellee.
    Case Number: A17A1808

    The trial court properly denied insurer's motion for summary judgment in insured's suit arising out of an automobile collision in which he sought uninsured motorist benefits from his insurer, as the coverage exclusion for damage and injuries resulting when the insureds car is being used as a public or livery conveyance did not apply where insured offered a specific neighbor a ride for a fee.

  • Taylor v. The State

    Publication Date: 2018-03-06
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Lauren Shubow (Attorney at Law), Atlanta; Steven Phillips (Public Defender), Atlanta, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Michael Snow (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A17A1605

    The evidence supported defendant's conviction for possession with intent to distribute crack cocaine and the trial court did not abuse its discretion in limiting defendant's time for voir dire with a particular prospective juror, as the voir dire conducted was sufficient to ascertain the fairness and impartiality of the juror.

  • Weinstein v. Holmes et al.

    Publication Date: 2018-02-28
    Practice Area: Damages | Personal Injury
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Laura Barron (Dickinson & Associates), Woodstock; Curtis Dickinson (Attorney at Law), Woodstock, for appellant.
    for defendant: Christina Sears (Dodson & Associates), Alpharetta, for appellee.
    Case Number: A17A1526

    The trial court erred in granting partial summary judgment to defendants in a negligence action arising after defendants' dogs allegedly attacked a dog plaintiff was walking, killing the dog and injuring plaintiff, as there was sufficient evidence for the issue of punitive damages to go to a jury.

  • Roberts v. The State

    Publication Date: 2018-02-20
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: James Roberts, Pelham, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Kevin Armstrong (Office of the District Attorney), Atlanta, for appellee.
    Case Number: A17A1577

    The trial court erred in denying defendant's pauper's status without first holding a hearing on the question of indigence pursuant to O.C.G.A. § 9-15-2.

  • The State v. Herman

    Publication Date: 2018-02-15
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Joseph Black (Assistant District Attorney), Statesboro; Richard Mallard (District Attorney), Statesboro, for appellant.
    for defendant: Renata Newbill-Jallow (Public Defender Ogeechee Judicial Circuit), Statesboro, for appellee.
    Case Number: A17A1978

    The trial court erred in granting defendant's motion to suppress evidence obtained during a traffic stop because the open-air dog sniff did not unconstitutionally prolong the stop since an officer was still in the process of running a check of the driver's license, which is part of the mission of a traffic stop.