• Allen v. The State

    Publication Date: 2018-05-22
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Viveca Famber (Attorney at Law), Austell, for appellant.
    for defendant: Tracy Lawson (District Attorney), Jonesboro; Elizabeth Rosenwasser (Clayton County District Attorney), Jonesboro, for appellee.

    Case Number: A18A0480

    Trial Court Did Not Wrongfully Permit Deputy to Admonish Deputy to Stop Crying During Trial

  • Francis v. The State

    Publication Date: 2018-05-22
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Pamela Britt (Attorney at Law), Grayson, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Charissa Henrich (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.

    Case Number: A18A0334

    Officers Who Entered Residence Pursuant to Arrest Warrant Did Not Wrongfully Detain Another Occupant Prior to Drug Arrest

  • Jenkins v. The State

    Publication Date: 2018-05-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Walter Britt (Chandler, Britt, Jay, Beck & Zwald LLC), Buford; Eliot Abt (The Abt Law Firm LLC), Atlanta, for appellant.
    for defendant: Michael Morrison (Assistant District Attorney), Lawrenceville; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.

    Case Number: A18A0123

    No Detention Occurred Where Driver Temporarily Stopped As Ruse To Evade Traffic Stop

  • Desantos v. The State

    Publication Date: 2018-05-16
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Lynn Kleinrock (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Lee Tittsworth (Gwinnett Circuit District Attorney's Office), Lawrenceville, for appellee.

    Case Number: A18A0209

    Prospective Juror Who Openly Expressed Bias and Was Never Rehabilitated Should Have Been Excused For Cause

  • Burns v. The State

    Publication Date: 2018-05-15
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Per Curiam
    Attorneys: For plaintiff: Michael Ray (Grisham & Poole PC), Canton, for appellant.
    for defendant: Randall Ivey (District Attorney's Office, Blue Ridge Judicial Circuit), Canton; Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Shannon Wallace (District Attorney), Canton, for appellee.

    Case Number: A18A0227

    Evidence That Alleged Child Victim Had Previously Made False Accusation Against Someone Else Was Admissible to Impeach

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    State Antitrust Law

    Authors: William T. Lifland

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  • Meadows v. The State

    Publication Date: 2018-05-10
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Mark Andrew Barnes, Macon; James W. Davis (James W. Davis & Associates), Macon, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Karl David Cooke Jr., John Allen Regan, Dorothy Vinson Hull (Macon Judicial Circuit District Attorney's Office), Macon, for appellee.

    Case Number: S18A0314

    Trial Court Declared Mistrial Without Sufficient Factual Support and Without Considering Less Drastic Alternatives

  • The State v. Abbott

    Publication Date: 2018-05-01
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Joshua Bradley Smith, Henry Wayne Syms Jr., Tyler McKenzie Gray (Augusta Judicial Circuit District Attorney's Office), Augusta; Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith (Department of Law), Atlanta, for appellant.
    for defendant: Ricardo Bravo (Law Offices of Ricardo Bravo LLC), Augusta; Charles R. Sheppard, Evans, for appellee.

    Case Number: S17A1583

    The trial court properly suppressed defendant's pre-Miranda warning statements to investigators but applied the wrong legal standard in suppressing his post-Miranda statements, which the trial court determined resulted from an improper interrogate first, warn later procedure.

  • Goodrum v. The State

    Publication Date: 2018-04-26
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Matthew K. Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Monique Lynn Kirby, Edward Andrew Case III (Coweta Judicial Circuit District Attorney's Office), LaGrange; Peter J. Skandalakis (Prosecuting Attorneys Council of Georgia), Morrow, for appellee.

    Case Number: S17A1748

    Defendant Had No Constitutional Right to Be Present When Attorneys Met in Chambers With Judge to Discuss Juror's Qualification

  • City Of Union Point v. Greene County et al.

    Publication Date: 2018-04-25
    Practice Area: Constitutional Law | Government | Public Utilities
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Andrew Jackson Welch III, Warren Michael Tillery, Brandon Filson Palmer, (Smith, Welch, Webb & White, LLC), McDonough; M. Joseph Reitman Jr. (Smith, Welch, Webb & White, LLC), Madison, for appellant.
    for defendant: Christopher J. Hamilton, Kenneth Paul Robin, Angela Edwards Davis (Jarrard & Davis LLP), Cumming, for appellee. Barry Abbott Fleming, Frank Adam Nelson (Fleming & Nelson LLP), Evans; Edward Fowler Preston, Timothy Marzine Tanner, George T. Talley (Coleman Talley LLP), Valdosta; Sarah L. Crile, Christopher M. Carr, William Wright Banks Jr., Julie Adams Jacobs (Department of Law), for amicus appellant. Walter Gus Elliott II, James L. Elliott, William Gus Elliott II (Elliott Blackburn & Gooding PC), Valdosta; Rusi Chandrashkhar Patel (Georgia Municipal Association, Inc), Atlanta, for amicus appellee.

    Case Number: S17A1878

    The Court partially affirmed, partially reversed, and partially vacated the trial court's order in a dispute between a County and a City over who should pay for public services under the Service Delivery Strategy Act.

  • Georgiacarry.Org, Inc., et al. v. Atlanta Botanical Garden, Inc.

    Publication Date: 2018-04-24
    Practice Area: Constitutional Law | Government | Real Estate
    Industry: Real Estate | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Rickman
    Attorneys: For plaintiff: John Monroe (Attorney at Law), Roswell, for appellant.
    for defendant: Michael Brown (Alston & Bird LLP), Atlanta, for appellee. Henry Chalmers, Andrew Stevens (Arnall Golden Gregory), Atlanta; Peter Canfield, Brian Lea (Jones Day), Atlanta, for amicus curiae.

    Case Number: A17A1639

    Private Non-Profit Organization Could Prohibit Individuals From Carrying Guns Onto Its Leased Property