• Green v. The State

    Publication Date: 2024-04-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Kathleen Anderson, (Attorney at Law), Winder, for appellant.
    for defendant: James Smith, (District Attorney), Jefferson, Andrew Brill, (Barrow County District Attorney’s Office), Winder, Rome, for appellee.

    Case Number: A23A1683

    Court affirms defendant's conviction for attempted kidnapping but reverses convictions for attempt to entice a child and simple assault due to insufficient evidence

  • Logan v. The State

    Publication Date: 2024-04-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Thomas Withers, (Withers Law Firm PC), Savannah, for appellant.
    for defendant: Matthew Breedon, Daphne Totten, (Ogeechee Judicial Circuit District Attorney), Springfield, for appellee.

    Case Number: A23A1661

    Court affirms re-indictment of pharmacist on drug charges, denying his challenges based on double jeopardy and statute of limitations, and rejecting claims of prosecutorial misconduct

  • In the Interest of H. D. G. H., a Child

    Publication Date: 2024-04-15
    Practice Area: Family Law | Immigration Law
    Industry: Legal Services
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Blake Evans, (The Blake Evans Law Firm), Norcross, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Shalen Nelson, Atlanta, Emily Harris, (Department of Law), Atlanta, for appellee; Cathy Lerow, (Attorney at Law), Marietta, for other party.

    Case Number: A23A1659

    Court vacates juvenile court's conclusion that it lacked jurisdiction in a dependency and Special Immigrant Juvenile status case and remands for court to make critical findings for minor's status

  • Wal-Mart Stores East, LP v. Howell et al.

    Publication Date: 2024-04-12
    Practice Area: Damages | Premises Liability
    Industry: Retail
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ernest Beaton, (McLain & Merritt PC), Atlanta, Mark Pickett, (Hall Booth Smith, PC), Atlanta, Jack Reiter, Sydney Feldman, Jack Reiter, (Gray Robinson, P.A.), Miami, for appellant.
    for defendant: Jonathan Sexton, Jacob Weldon, (Sexton Law Firm, LLP), McDonough, for appellee.

    Case Number: A23A1198

    Court affirms trial decision allowing plaintiffs to seek damages beyond initial limitation in slip-and-fall case against Wal-Mart, finding that changed circumstances justified larger damages

  • Olsen v. The State

    Publication Date: 2024-04-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Amanda Clark Palmer, Donald Samuel, (Garland, Samuel & Loeb PC), Atlanta, for appellant.
    for defendant: C. Cross, Sherry Boston, (DeKalb County District Attorney’s Office DeKalb County Courthouse), Decatur, Lenny Krick, (Assistant District Attorney-Stone Mountain Judicial Circuit), Decatur, for appellee.

    Case Number: A23A1506

    Court reverses police officer's conviction related to use of force policy in a case involving a fatal shooting, but notes that officer may be retried for aggravated assault

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    New York Attorney Discipline: Practice and Procedure 2024

    Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager

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  • Song v. EGPS Solutions I, Inc., et al.

    Publication Date: 2024-04-12
    Practice Area: Corporate Governance
    Industry: Distribution and Wholesale
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Thomas Grant, (Freed Grant LLC), Atlanta, Robert Kaufman, (Chalmers, Adams, Backer & Kaufman, LLC), Alpharetta, Kevin Kucharz, (Chalmers, Adams, Backer & Kaufman, LLC), Johns Creek, for appellant.
    for defendant: Harold Daniel, (Harold Daniel Law LLC), Atlanta, David Lipscomb, (Attorney at Law), Lawrenceville, Neil Wilcove, Elizabeth Marquardtt, Christopher Brock, (Miller & Martin PLLC), Atlanta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellee.

    Case Number: A23A1458

    Court partially reverses summary judgment for a company and its majority owner in a derivative and breach of fiduciary duty action

  • Marquita Jordan v. H. J. Russell & Company et al.

    Publication Date: 2024-04-12
    Practice Area: Landlord Tenant Law | Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: Andrew Rogers, William D’Antignac, Gilbert Deitch, Kara Phillips, (Deitch & Rogers, LLC), Atlanta, Andrew Lynch, (Attorney at Law), Decatur, for appellant.
    for defendant: Laurie Daniel, Atlanta, Skyler McDonald, (Webb Daniel Friedlander LLP), Tampa, for appellee; Jackson Dial, Shanndor McClain, (Weinberg Wheeler Hudgins Gunn & Dial LLC), Atlanta, Grant Schnell, (Holland & Knight LLP), Atlanta, for other party.

    Case Number: A23A1387

    Court rules in favor of apartment owners in fatal shooting case, applying landlord-tenant statute because shooting occurred inside an apartment over which defendants had relinquished possession

  • Grant v. The State

    Publication Date: 2024-04-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Fuller
    Attorneys: For plaintiff: William Hewitt, (Appellate Attorney GPDC), Savannah, for appellant.
    for defendant: Joe Skeens, Billy Nelson, (Office of the District Attorney for the Atlantic Judicial Circuit), Hinesville, for appellee.

    Case Number: A23A1575

    Court affirms convictions for armed robbery and firearm possession over defendant's challenges to sufficiency of evidence, highlighting eyewitness testimony and legal standards on weapon apprehension

  • Farmer v. The State

    Publication Date: 2024-04-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Rahmaan Bowick, (Augusta Circuit Public Defender’s Office), Augusta, Jay Kim, (Georgia Public Defender Council), Augusta, for appellant.
    for defendant: Joshua Smith, Larry Smith, Jared Williams, (District Attorney’s Office Augusta Judicial Circuit), Augusta, for appellee.

    Case Number: A23A1677

    Court reverses denial of motion to suppress evidence in a burglary case, highlighting the limits of police authority in encounters and searches

  • Glass et al. v. Faircloth et al.

    Publication Date: 2024-04-11
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Letitia McDonald, Lohr Beck-Kemp, Peter Diaz, (King & Spalding LLP), Atlanta, Robert Reeves, Thomas Tate, Robert Thomas, Dana Lohrberg, (Andersen, Tate & Car, P.C.), Duluth, Nathan Hovey, (Georgia Department of Law), Atlanta, Mandi Goodman, Atlanta, for appellant.
    for defendant: Gerald Davidson, (Mahaffey Pickens Tucker, LLP), Lawrenceville, J. Randolph Evans, Derek Centola, (Squire Patton Boggs), Atlanta, James Lamberth, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Dara Mann, (Squire Patton Boggs LLP), Atlanta, James Manley, Jill Kuhn, (Troutman Sanders LLP), Atlanta, Zachary Johnson, (Georgia Department of Law), Atlanta, Charli Davis, Atlanta, for appellee.

    Case Number: A23A1402

    Court reverses injunction for former trustees' legal fees in Trust dispute, and affirms that no reimbursement of fees paid to former trustees is required