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  • Uribe v. The State

    Publication Date: 2018-07-20
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Monte Davis (Attorney at Law), Roswell, for appellant.
    for defendant: Rosanna Szabo (Solicitor-General), Lawrenceville; Samuel D'Entremont (Gwinnett County Solicitor-General's Office), Lawrenceville, for appellee.
    Case Number: A18A0582

    Speedy Trial Demand Was Neither Properly Filed Nor Clearly Labeled

  • Meddings v. The State

    Publication Date: 2018-07-20
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Ronald Daniels (Daniels Law LLC), Perry, for appellant.
    for defendant: George Hartwig (District Attorney Houston Judicial Circuit), Perry; Alicia Gassett (Houston County Superior Court), Perry, for appellee.
    Case Number: A18A0422

    Seven-Year Delay in Resolving Convicted Defendant's Motion For New Trial Was Troubling But Not Prejudicial

  • Dukes v. Munoz et al.

    Publication Date: 2018-07-19
    Practice Area: Civil Procedure | Constitutional Law | Real Estate
    Industry: Legal Services | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A18A0572

    Service By Publication Denied Due Process Where Property Purchasers Has Failed to Exercise Reasonable Diligence in Locating Owner

  • Woods v. The State

    Publication Date: 2018-07-19
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A18A0667

    Confidential Informant's General Description of Drug Buy Was Sufficient to Support Issuance of Search Warrant

  • Brown v. The State

    Publication Date: 2018-07-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Chadrus Brown (Smith State Prison), Glennvilee, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Marc Mallon (Senior Assistant District Attorney), Atlanta; David Getachew-Smith (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A18A0064

    "Sovereign Citizen" Defense Against Court Jurisdiction Had No Conceivable Validity

  • Law Journal Press | Digital Book

    Section 337 Investigations: Unfair Trade Practice Litigation Before the ITC

    Authors: Michael G. McManus, Rodney R. Sweetland, III

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  • McGouirk v. The State

    Publication Date: 2018-07-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Allen Rust Knox (Towaliga Judicial Circuit Public Defenders Office), Forsyth, for appellant.
    for defendant: Jonathan Lang Adams, Anita Reynolds Howard, Richard G. Milam, Cynthia Trimboli Adams (Towaliga Judicial Circuit District Attorney's Office), Barnesville; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta, for appellee.
    Case Number: S18A0130

    The trial court erred in automatically detaining defendant pursuant to O.C.G.A. § 17-7-130 (c) solely based on the fact that he was a mentally incompetent individual who had been accused of committing violent crimes without exercising its discretion to make "an individualized determination of whether his confinement reasonably advanced the government's purpose.

  • In The Interest of R. P., A Child

    Publication Date: 2018-07-16
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Margaret Heap (District Attorney), Savannah; Kimberly Rowden (Assistant District Attorney), Savannah, for appellant.
    for defendant: Yolanda Bacharach (Georgia Public Defender Council), Savannah, for appellee.
    Case Number: A18A0069

    Statements to Police Made Immediately After Juvenile Waived Miranda Rights Were Made Voluntarily

  • Carr v. The State

    Publication Date: 2018-07-12
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Amber Lee Connell (Lookout Mountain Judicial Circuit Public Defender), Ringgold; David James Dunn Jr. (Lookout Mountain Judicial Circuit Public Defender), LaFayette, for appellant.
    for defendant: Herbert E. Franklin Jr. (Lookout Mountain Judicial Circuit District Attorney's Office), LaFayette; Clayton McLean Fuller (Lookout Mountain Judicial Circuit District Attorney's Office), Ringgold, for appellee. Christopher M. Carr, Sarah Hawkins Warren, Ross Warren Bergethon, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for amicus appellee.
    Case Number: S18A0100

    The trial court erred in holding that O.C.G.A. § 17-7-130 (c) is constitutional and violated defendant's right to due process when it ordered that he be detained for inpatient evaluation solely because he had been charged with committing violent crimes and found mentally incompetent to stand trial.

  • Georgia Department of Human Services, Division of Family and Children Services v. Christopher Steiner

    Publication Date: 2018-07-12
    Practice Area: Constitutional Law | Family Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Ross Warren Bergethon, Annette M. Cowart, Sarah Hawkins Warren, Penny Hannah, Shalen S. Nelson, Andrew Alan Pinson, Christopher M. Carr, Victoria Cuneo Powell (Department of Law), Atlanta; Kenneth Gene Lawrence (Turner & Lawrence PC), Jackson, for appellant.
    for defendant: Joseph Scott Key, Kayci Nicole Dennis (Miller & Key PA), McDonough, for appellee. Andrew Santos Fleischman (Ross & Pines LLC), Atlanta; Laura D. Hogue (Hogue & Hogue LLP), Macon; Charles R. Bliss, Mara Leah Block (Atlanta Legal Aid Society Inc), Atlanta; Lisa Jane Krisher, Michael Joseph Tafelski, Jamie B.J. Rush (Georgia Legal Services Program), Atlanta; David Alfred Webster, Atlanta, for amicus appellee.
    Case Number: S18A0281

    The superior court erred in finding that Georgia's central child abuse registry is unconstitutional, both on its face and as applied to appellee.

  • Bryant v. The State

    Publication Date: 2018-07-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Edward Brumby (Public Defender's Office), Athens; John Donnelly (Western Circuit Public Defender's Office), Athens, for appellant.
    for defendant: James Chafin (Assistant District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A18A0330

    Defendant Claiming Ineffective Assistance of Counsel Did Not Show Prejuduce or Deficient Performance