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Publication Date: 2024-05-09 Practice Area:Civil Procedure | Personal Injury Industry:State and Local Government Court:Georgia Court of Appeals Judge:Judge Hodges Attorneys:For plaintiff: Maxwell Thelen, Seth Lowry, (445 Franklin Gateway SE), Marietta, for appellant. for defendant: Laura Yellig, Hermise Pierre, Tracey Hackett, (Fulton County Public Defender), Atlanta, for appellee. Case Number: A24A0316
Court affirms dismissal of personal injury lawsuit against a municipality because plaintiff did not strictly adhere to statutory ante litem notice requirements
Publication Date: 2024-05-09 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Judge Hodges Attorneys:For plaintiff: Andrew Thomas, Valdosta, for appellant. for defendant: Joseph Mulholland, Christopher Quinn, Banks Smith, (South Georgia Judicial Circuit District Attorney’s Office), Bainbridge, for appellee. Case Number: A24A0543
Court affirms convictions for invasion of privacy and sexual battery over defendant's challenges to sufficiency of evidence, juror's post-evidence review of an exhibit, and claims of cumulative error
Publication Date: 2024-05-08 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Judge Rickman Attorneys:For plaintiff: Sean Lowe, (Assistant Public Defender), Ringgold, Jonathan Hamrick, (Cox Byington Twyman LLP), Rome, for appellant. for defendant: Leigh Patterson, Natalee Staats, (Assistant District Attorney - Floyd County), Rome, for appellee. Case Number: A24A0475
Court reverses sex offender registration conviction because the State failed to present sufficient evidence of the time frame for the violation
Publication Date: 2024-05-07 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Presiding Judge Miller Attorneys:For plaintiff: William Hewitt, (Appellate Attorney GPDC), Savannah, for appellant. for defendant: Charles Higgins, (District Attorney’s Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney’s Office, Brunswick Judicial Circuit), Kingsland, Rome, for appellee. Case Number: A24A0344
Court affirms child molestation convictions and rejects defendant's due process claim that was based on a 20-year delay and his contentions of insufficient evidence
Publication Date: 2024-05-06 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Judge Brown Attorneys:For plaintiff: Shalena Jones, Gabriel Justus, (Eastern Judicial Circuit District Attorney’s Office), Savannah, for appellant. for defendant: Robert Phillips, Jonathan Phillips, (Phillips Carson & Phillips), Savannah, for appellee. Case Number: A24A0134
Court reverses dismissal of charges filed more than four years after a criminal incident, finding that indictment did not need to refer to COVID-19 emergency extension of statute of limitations
Publication Date: 2024-05-03 Practice Area:Civil Procedure Industry:State and Local Government Court:Georgia Court of Appeals Judge:Judge Brown Attorneys:For plaintiff: Robert Dyer, Laura Rollins, (Dyer & Rusbridge, P.C.), Canton, for appellant. for defendant: Michael Bain, Douglas Flint, (Flint, Connolly & Walker, LLP), Canton, for appellee. Case Number: A24A0019
Court affirms denial of motion to dismiss in an inverse condemnation case against the City, which had argued to dismiss the case due to a failure to adhere to ante litem notice requirements
Publication Date: 2024-05-03 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Judge Hodges Attorneys:For plaintiff: Tyler Conklin, (Conklin Law Firm), Atlanta, for appellant. for defendant: Sherry Boston, Thomas Williams, (DeKalb County District Attorney’s Office), Decatur, for appellee. Case Number: A24A0083
Court affirms denial of hearing on motion to withdraw a 12-year old guilty plea, which motion had been withdrawn by the defendant after he entered his initial plea
Publication Date: 2024-05-02 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Judge Hodges Attorneys:For plaintiff: Debra Jefferson, (Attorney At Law), Lawrenceville, for appellant. for defendant: Flynn Broady, Leslie Coots, (Cobb County District Attorney’s Office), Marietta, for appellee. Case Number: A24A0011
Court affirms drug convictions based on circumstantial evidence over defendant's challenge to sufficiency of evidence and his argument that he was merely present at the crime scene
Publication Date: 2024-05-02 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Judge Brown Attorneys:For plaintiff: Greg Willis, Casey Cleaver, Jessica Jones, (Willis Law Firm), Atlanta, for appellant. for defendant: Sonya Chachere-Compton, William Smith, (Douglas County Solicitor General’s Office), Douglasville, for appellee. Case Number: A24A0013
Court reverses dismissal of defendant's motion to suppress evidence in a DUI case, finding that the motion adequately detailed assertions that a traffic stop was pretextual and lacked probable cause
Publication Date: 2024-05-01 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Presiding Judge McFadden Attorneys:For plaintiff: Amy Copeland, (Rouse + Copeland LLC), Savannah, for appellant. for defendant: Joe Skeens, Billy Nelson, (Office of the District Attorney for the Atlantic Judicial Circuit), Hinesville, for appellee. Case Number: A24A0459
Court affirms conviction for child molestation over defendant's challenge to sufficiency of evidence and contentions of error in not giving a certain jury instruction on a. lesser included offense