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  • McCoy v. The State

    Publication Date: 2018-05-31
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Joe M. Harris Jr. (Attorney at Law), Jonesboro, for appellant.
    for defendant: John Andrew Pipkin III, Caitlin McGillicuddy, Meredith Chafin Florio (Henry County Solicitor General's Office), McDonough, for appellee.
    Case Number: S17G1530

    Courts Reviewing Roadblock Stops Must Consider Whether Screening Officers Had Reasonable Suspicion to Defer For Further Detention and Field Tests

  • Putnal v. The State

    Publication Date: 2018-05-31
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Gerald P. Word, Crystal Harmon Bice (Georgia Capitol Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Oliver Jackson Browning Jr., Jordan Leigh Stover (Tallapoosa Judicial Circuit District Attorney's Office), Cedartown, for appellee.
    Case Number: S18A0018

    The trial court erred in denying defendant's motion to proceed ex parte and under seal with regard to his requests for defense-retained mental health experts to gain access to him in the detention center where he was incarcerated.

  • Caffee v. The State

    Publication Date: 2018-05-29
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Gregory A. Hicks (Law Offices of Gregory A. Hicks), Woodstock, for appellant.
    for defendant: David Martin McElyea, Jessica K. Moss, Carlton Todd Hayes (Cherokee County Solicitor General's Office), Canton, for appellee.
    Case Number: S17G1691

    Probable Cause Will Not Justify Warrantless Search Absent Exception to Warrant Requirement

  • Taylor v. The State

    Publication Date: 2018-05-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Alfonza Whitaker (Whitaker & Whitaker), Columbus; Leon Jacobson (Bukh Law Firm PLLC), Brooklynn, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Elizabeth Haase Brock, Christopher M. Carr (Department of Law), Atlanta; Lalaine Aquino Briones (Prosecuting Attorneys' Counsel of Georgia), Morrow; Julia Anne Fessenden Slater (Chattahoochee Judicial Circuit District Attorney's Office), Columbus; Charles Alan Spahos, Morehead City for appellee.
    Case Number: S18A0276

    Jury Could Rationally Conclude That Hit-And-Run Driver Proximately Caused Embolism That Followed Hit-And-Run Injuries

  • Yarbrough v. The State

    Publication Date: 2018-05-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Jennifer Sullivan Hanson (Atlanta Judicial Circuit Office of the Public Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder, F. McDonald Wakeford (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0113

    The trial court did not clearly err in finding that the prosecution did not intend to goad the defense into moving for a mistrial and the Court, therefore, affirmed the denial of defendant's plea in bar.

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  • Reis et al. v. Ooida Risk Retention Group, Inc.

    Publication Date: 2018-05-25
    Practice Area: Civil Procedure | Constitutional Law | Insurance Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Daniel C. Jason (Jason & Bradley LLC), Stone Mountain, for appellant.
    for defendant: Zach M. Matthews, Scott Wayne McMickle (McMickle, Kurey & Branch, LLP), Alpharetta, for appellee. Susan Joy Levy, Henry Lee Pruett (Levy & Pruett), Decatur, for amicus appellee.
    Case Number: S18A0505

    The trial court properly granted summary judgment to defendant risk retention group in a direct action against it because provisions in the federal Liability Risk Retention Act of 1986 preempt Georgias motor carrier and insurance carrier direct action statutes in regard to risk retention groups, thereby precluding the direct action at issue.

  • Norman v. The State

    Publication Date: 2018-05-25
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Amy Lee Copeland (Rouse & Copeland LLC), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, Christopher M. Carr (Department of Law), Atlanta; John Thomas Durden Jr., Brooklyn Renee Franklin (Atlantic Judicial Circuit District Attorney's Office), Hinesville, for appellee.
    Case Number: S18A0331

    Trial Counsel Not Ineffective For Stipulating To Substance of Witness Testimony Regarding Prior Crime

  • Usher v. The State

    Publication Date: 2018-05-24
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Johnny O'Neal Usher, Nicholls, for appellant.
    for defendant: Layla Hinton Zon, Shaun Joseph Foley (Alcovy Judicial Circuit District Attorney's Office), Covington; Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for appellee.
    Case Number: S18A0274

    Defendant Seeking Out-of-Time Appeal Failed To Show Any Claims of Error Would Be Resolved In His Favor

  • Brown v. The State

    Publication Date: 2018-05-24
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Juwayn Haddad (Haddad Law Group LLC), Tucker, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew Min-soo Youn (Department of Law), Atlanta; Joshua Daniel Morrison, Paul L. Howard Jr., Lyndsey Hurst Rudder, Michael V. Snow (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S18A0262

    Trial Counsel Not Ineffective For Failing to Cross-Examine Witness Regarding Multiple Prior Arrests and Felony Convictions

  • Ramirez v. The State

    Publication Date: 2018-05-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jason Hood (Attorney at Law), Calhoun, for appellant.
    for defendant: Rosemary Greene (District Attorney), Calhoun; Sharon Fox (Gordon County District Attorney's Office), Calhoun, for appellee.
    Case Number: A18A0502

    Defendant Who Was Not Present at Bench Conference When Attorneys and Judge Discussed Jury Selection Issues Was Not Denied His Right To Be Present At All Trial Proceedings