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  • Jackson v. The State

    Publication Date: 2018-01-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Russell Walker (Russell K. Walker, P.C.), Perry, for appellant.
    for defendant: Marie Banks (Houston County District Attorney), Perry; George Hartwig (District Attorney Houston Judicial Circuit), Perry, for appellee.
    Case Number: A15A1855

    The indictment charging defendant with failing to register as a sex offender in violation of O.C.G.A. § 42-1-12 was fatally defective because it did not recite a sufficient portion of the statute to set out all the elements of the offense for which defendant was tried and convicted and it did not allege all the facts necessary to establish a violation of a criminal statute.

  • King v. The State

    Publication Date: 2018-01-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Deborah Leslie (The Leslie Group, LLC), Jonesboro, for appellant.
    for defendant: Bradford Rigby, Whitney Bradford (District Attorney's Office of the Cordele Judicial), Cordele, for appellee.
    Case Number: A17A1877

    Although the evidence was sufficient to support defendant's conviction for incest for acts he committed against his niece, the trial court failed to properly consider the general grounds, including its authority to sit as a thirteenth juror, that defendant raised in his written motion for new trial and at the hearing on that motion, so the Court vacated and remanded the order denying defendant's motion for new trial.

  • Emanuel, et al. v. Kautz

    Publication Date: 2017-11-21
    Practice Area: Civil Procedure | Government
    Industry: State and Local Government
    Court: Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Anthony Powell, Wesley Ross, Joseph Emanuel (Webb, Tanner & Powell, PC.), Lawrenceville, for appellant.
    for defendant: Phyllis Miller (Attorney at Law), Lawrenceville, for appellee. Zahra Karinshak (Krevolin & Horst, LLC), Atlanta; S. Tate (Akin & Tate), Cartersville, for other party.
    Case Number: A17A1284

    The trial court properly awarded appellate attorney fees to Snellville mayor after she successfully appealed the trial court's decision in her declaratory judgment action against the members of the City Council in which she sought a declaration that she had sole authority to terminate the employment of the city attorney.

  • The State v. Peabody

    Publication Date: 2017-11-20
    Practice Area: Criminal Appeals | Government
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Lara Snow (Cherokee County D.A.'S Office), Canton; Shannon Wallace (District Attorney), Canton, for appellant.
    for defendant: David Willingham (Willingham Law Firm, P.C.), Marietta, for appellee.
    Case Number: A17A1258

    The trial court properly granted former lieutenant's motion to quash an indictment against him for two counts of aggravated cruelty to animals in connection with the hot-car death of his K-9 dog because he was acting within the scope of his official job duties when the alleged crimes occurred and he was therefore entitled to the protections afforded by O.C.G.A. § 17-7-52, including timely notice of the grand jury proceeding and a copy of the proposed indictment, but State failed to comply with those statutory mandates.

  • Cash et al. v. LG Electronics, Inc. et al.

    Publication Date: 2017-09-27
    Practice Area: Expert Witnesses | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Eric Brock (Clore Law Group LLC), Charleston; Peter Scholle (Scholle Law), Duluth; David Sleppy (Cathey & Strain LLC), Cornelia; Omar Chawdhary, Jason Webster (Attorney at Law), Houston; Samuel Allen (Attorney at Law), Charleston, for appellant.
    for defendant: Edward Bresee, Arthur Park (Mozley Finlayson & Loggins LLP), Atlanta; Ayesha Khan, John Moss (Potomac Law Group), Washington, for appellee.
    Case Number: A17A0878

    The trial court did not abuse its discretion in excluding plaintiff's expert's testimony after concluding that the expert's methodology was unreliable under Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U. S. 579 (1993), as the analytical gap between the data and the expert's opinion was too remote, and consequently, the trial court did not err in granting summary judgment to defendant based on the absence of any evidence of causation.