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Publication Date: 2024-02-05 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Presiding Judge Miller Attorneys:For plaintiff: Jad Johnson, Victor Aloisio, (Office of the Public Defender, Lookout Mountain Judicial Circuit), Lafayette, for appellant. for defendant: Clayton Fuller, (Lookout Mountain Judicial Circuit District Attorney), Lafayette, for appellee. Case Number: A23A1703
Court affirms conviction for theft by receiving stolen property despite alleged conflict between defendant's Alford plea and claim of innocence
Publication Date: 2024-02-02 Practice Area:Civil Appeals Industry:State and Local Government Court:Georgia Court of Appeals Judge:Presiding Judge Miller Attorneys:For plaintiff: Tyler Conklin, (Conklin Law Firm), Atlanta, William Kelbaugh, (The Kelbaugh Firm LLC), Atlanta, for appellant. for defendant: John O’Brien, William Diehl, (Thompson, O’Brien, Kappler & Nasuti, PC), Peachtree Corners, Norcross, Rudolph Smith, Alapaha, for appellee. Case Number: A23A1540
Court reverses grant of a protective order against a city council member because the evidence did not support that order, and remands for reconsideration of a claim for attorney fees
Publication Date: 2024-02-01 Practice Area:Civil Procedure Industry:State and Local Government Court:Georgia Court of Appeals Judge:Judge Land Attorneys:For plaintiff: Richard Hendrix, Warren Lietz, (Finch McCranie), Atlanta, for appellant. for defendant: Jason Waymire, Terry Williams, (Attorney at Law), Buford, for appellee. Case Number: A22A1469
On remand from the Georgia Supreme Court, the court vacated its previous opinion and remanded further for reconsideration of sovereign immunity in a lawsuit against a county sheriff
Publication Date: 2024-01-31 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Judge Hodges Attorneys:For plaintiff: Micah Gates, (Georgia Public Defender Council), Dalton, for appellant. for defendant: Benjamin Kenemer, John Helton, Megan Parker, (McCamy, Phillips, Tuggle & Fordham, LLP), Dalton, for appellee. Case Number: A23A1780
Court affirms conviction for child molestation over defendant's multiple contentions of ineffective assistance of trial counsel
Publication Date: 2024-01-31 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Judge Markle Attorneys:For plaintiff: Frances Kuo, Atlanta, for appellant. for defendant: Fani Willis, Kevin Armstrong, Pareesa Amjadi, (Fulton County Office of the District Attorney), Atlanta, for appellee. Case Number: A23A1753
Court affirms convictions for rape and aggravated sodomy over defendant's contentions of jury instruction error, improper admission of prior acts evidence, and ineffective assistance of counsel
Publication Date: 2024-01-30 Practice Area:Contracts | Insurance Law Industry:Insurance Court:Georgia Court of Appeals Judge:Chief Judge Mercier Attorneys:For plaintiff: Robert Irby, (Irby Law, LLC), Vestavia, William Dobson, (Morriss, Lober & Dobson, LLC), Macon, Michael Lober, (Lober & Dobson), Woodstock, for appellant. for defendant: Robert Norman, (Jones, Cork & Miller), Macon, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellee. Case Number: A23A1529
Court reverses dismissal of an insured party's claim for a refund or premiums in a dispute over a cancelled auto insurance policy, citing ambiguity in policy terms as a rationale for its decision
Publication Date: 2024-01-30 Practice Area:Criminal Appeals | Criminal Law Industry: Court:Georgia Court of Appeals Judge:Judge Markle Attorneys:For plaintiff: Sylvia Goldman, (Attorney at Law), Marietta, for appellant. for defendant: Flynn Broady, Leslie Coots, (District Attorney Cobb Judicial Circuit), Marietta, for appellee. Case Number: A23A1215
Court affirms convictions for possession of controlled substances and other crimes over defendant's contention that a successor judge improperly ruled on a motion for a new trial
Publication Date: 2024-01-29 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Presiding Judge McFadden Attorneys:For plaintiff: Leslie Jones, (Leslie Spornberger Jones LLC), Athens, for appellant. for defendant: Tammy Coffey, (District Attorney’s Office Baldwin County), Milledgeville, Tuttle Barksdale, (OcMulgee Circuit District Attorneys Office), Eatonton, for appellee. Case Number: A23A1421
Court affirms convictions for possession of a controlled substance, rejecting defendant's arguments as to the denial of his motion to suppress evidence and ineffective assistance of counsel
Publication Date: 2024-01-26 Practice Area:Personal Injury Industry:Transportation Court:Georgia Court of Appeals Judge:Judge Hodges Attorneys:For plaintiff: Charles Wardlaw, (The Law Office of Charles Wardlaw), Marietta, for appellant. for defendant: William Martin, (Drew Eckl & Farnham, LLP), Atlanta, Rodney Dillard, (Bake Donelson, Bearman, Caldwell & Berkowitz, PC), Birmingham, for appellee. Case Number: A23A1252
Court affirms dismissal of personal injury vehicle accident claim due to expiration of statute of limitations
Publication Date: 2024-01-25 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: Ian Heap, Daphne Totten, (District Attorney’s Office, Ogeechee Judicial Circuit), Springfield, for appellee. Case Number: A23A1600
Court reverses revocation of suspended sentence and remands for resentencing because defendant's failure to attend drug treatment was a violation of a general and not a special condition