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  • Baptiste v. Dekalb County Sheriff, Jeffrey L. Mann, In His Official Capacity

    Publication Date: 2021-08-10
    Practice Area: Employment Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Cheryl Legare, Amelia Ragan, (Legare, Attwood & Wolfe, LLC), Decatur, for appellant.
    for defendant: Laura Johnson, Nikisha McDonald, (DeKalb County Law Department), Decatur, for other party.
    Case Number: A21A0361

    A Reasonable Juror Could Find That Plaintiff in Wrongful Termination Case Was Fired in Retaliation for Making Disclosures About Sheriff's Office

  • Lane Dermatology et al. v. Smith et al.

    Publication Date: 2021-08-10
    Practice Area: Employment Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Thomas Gristina, Carter Schondelmayer, Austin Gibson, (Page, Scrantom, Sprouse, Tucker & Ford, P.C.), Columbus, James Sherman, (Stanley, Esrey & Buckley, LLP), Atlanta, for appellant.
    for defendant: Julie Wood, Jared Miller, John Elliott, (Parker Hudson Rainer & Dobbs LLP), Atlanta, Jerry Buchanan, Trisha Hargrove, (Buchanan & Land), Columbus, for appellee.
    Case Number: A21A0582

    Communications Between Dermatologist's Former Employee and Patients Did Not Violate Non-Solicitation Provision

  • Steward et al. v. Arandia et al.

    Publication Date: 2021-08-10
    Practice Area: Real Estate
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Robert Stansfield, (Attorney at Law), Covington, for appellant.
    for defendant: Jeffrey Barnes, (Barnes Firm LLP), Atlanta, for appellee.
    Case Number: A21A0418

    Trial Court Erred in Considering Affidavit Submitted in Support of Survey; Remanded for Court to Reconsider Survey's Admissibility

  • Foreman v. The State

    Publication Date: 2021-08-04
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Amy Ihrig, Savannah, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, (Attorney General), Atlanta, Margaret Heap, (District Attorney), Savannah, Nancy Smith, (Assistant District Attorney), Savannah, Shalena Jones, (Eastern Judicial Circuit), Savannah, Paula Smith, (Assistant Attorney General), Atlanta, for appellee.
    Case Number: A21A0554

    Competency Statute Grants Trial Court Jurisdiction to Rehear and Reconsider Whether Defendant Met Criteria for Civil Commitment

  • Walker v. The State

    Publication Date: 2021-08-04
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Daniel Wells, (Office of the Flint Judicial Circuit Public Defender), McDonough, for appellant.
    for defendant: Darius Pattillo, Sharon Hopkins, (Henry County District Attorney's Office), McDonough, for appellee.
    Case Number: A21A0591

    Evidence Was Insufficient to Sustain Conviction for Violation of a Sexual Offender Restriction; State Failed to Show Defendant Committed Crime That Required Registration on or After Certain Date

  • 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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  • Thomas v. The State

    Publication Date: 2021-07-13
    Practice Area: Constitutional Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Cara Clark, (Dwayne C. Singleton, LLC), Griffin, for appellant.
    for defendant: Fani Willis, Paul Howard, David Getachew-Smith, (Fulton County District Attorney), Atlanta, for appellee.
    Case Number: A21A0492

    Trial Court's Failure to Ensure Defendant Was Present at Bench Conferences Did Not Violate His Constitutional Rights

  • Williams v. The State

    Publication Date: 2021-07-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Lucy Roth, (Augusta Office of the Public Defender), Augusta, for appellant.
    for defendant: Joshua Smith, Henry Syms, Jared Williams, (Office of the District Attorney), Augusta, for appellee.
    Case Number: A21A0390

    Court reverses denial of new trial motion in drug possession case where trial court erroneously denied a motion to suppress evidence

  • Evans et al. v. The Medical Center of Central Georgia

    Publication Date: 2021-07-12
    Practice Area: Medical Malpractice
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, Tracey Dellacona, (Dellacona Law Firm), Macon, Jarome Gautreaux, (Gautreaux & Sizemore, LLC), Macon, Roger Krause, (Krause, Golomb & Witcher, LLC), Atlanta, for appellant.
    for defendant: Roy Meeks, Amanda Speier, (Taylor English Duma LLP), Atlanta, for appellee.
    Case Number: A21A0256

    Court reverses summary judgment grant for a hospital and a nurse in a medical malpractice action due to open fact issue as to a breach of the applicable standard of care

  • The Medical Center, Inc. v. Bowden

    Publication Date: 2021-06-29
    Practice Area: Class Actions | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Paul Ivey, Robert Martin, (Hall Booth Smith, P.C.), Columbus, Lindsey Mann, William Withrow, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Lauren Dimitri, (Attorney at Law), Columbus, for appellant.
    for defendant: Charles Gower, Charles Gower, (Attorney at Law), Columbus, Michael Terry, Michael Baumrind, Frank Lowrey, (Bondurant, Mixson & Elmore LLP), Atlanta, for appellee. Jason Bring, (Arnall, Golden, Gregory), Atlanta, for Amicus Appellant.
    Case Number: A18A1249

    Court reverses class certification and rules that a hospital was entitled to summary judgment on patient's fraud and misrepresentation claims

  • D. Rose, Inc. et al v. City of Atlanta et al.

    Publication Date: 2021-06-16
    Practice Area: Land Use and Planning
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Kyler Wise, (Wilson Brock & Irby, LLC), Atlanta, for appellant.
    for defendant: Meredith Germain, Valerie Ross, (Turner Ross Germain, LLC), Marietta, for appellee.
    Case Number: A21A0168

    Court affirms summary judgment order in favor of the City of Atlanta, finding that a setback restriction was not a total taking that amounted to an inverse condemnation