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  • 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

  • Thompson v. The State

    Publication Date: 2018-04-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Alixe Steinmetz, Raleigh; Eric Taylor (Attorney at Law), Atlanta, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Jeremy Hayes (Boling Rice LLC), Cumming; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.
    Case Number: A17A1628

    Trial Court's Ruling Lacked Findings Necessary For Review of Ineffectiveness of Counsel Claim

  • Wimbush v. The State

    Publication Date: 2018-04-19
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Therian Wimbush, Hawkinsville, for appellant.
    for defendant: Dan Mayfield (District Attorney's Office), Lawrenceville; Daniel Porter (District Attorney), Lawrenceville, for appellee.
    Case Number: A17A2056

    The evidence sufficiently supported defendant's convictions for three counts of cruelty to children in the second degree after she locked one child in a closet in a basement for nearly two years and failed to seek medical care for a second child who had a cancerous tumor.

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    Section 337 Investigations: Unfair Trade Practice Litigation Before the ITC

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

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  • The State v. Stroud

    Publication Date: 2018-04-18
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A17A1851

    The trial court properly granted defendant's motion in limine to suppress evidence of his refusal to submit to a state-administered chemical test of his blood, breath, or urine in his trial for DUI-less safe and failure to maintain lane, as the arresting officer's error in misreading the implied consent notice substantively changed the meaning of the notice and misled defendant as to a serious consequence of refusing to submit to testing thus depriving defendant of making an informed decision about whether to consent to the testing.

  • The State v. Orr

    Publication Date: 2018-04-18
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Emily Johnson (District Attorney's Office Rome Judicial Circuit), Rome; Leigh Patterson (District Attorney), Rome; Luke Martin (Floyd County District Attorney), Rome, for appellant.
    for defendant: Benjamin Pierman (McCurdy & Candler LLC), Decatur, for appellee.
    Case Number: A17A2096

    The trial court did not err in granting defendant's motion for new trial following his convictions for family violence battery and cruelty to children in the third degree because the prosecutor impermissibly commented on defendant's pre-arrest silence in her closing argument and the error was not harmless.

  • WXIA-TV et al. v. State Of Georgia et al.

    Publication Date: 2018-04-16
    Practice Area: Communications and Media | Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Stephen Derek Bauer, Ian Kyle Byrnside, Cody S. Wigington (Baker & Hostetler LLP), Atlanta, for appellant.
    for defendant: Clifford Paul Bowden (Tifton Judicial Circuit District Attorney's Office), Tifton, for appellee. Robert Sparks Highsmith, Jr., Allen Andre Hendrick (Holland & Knight LLP), Atlanta, for amicus appellant. John Robert Mobley, II, Michael Walter Gowen (Tifton Circuit Public Defender's Office), Tifton; Thomas MacIver Clyde, Lesli Nicole Gaither (Kilpatrick Townsend & Stockton LLP), Lawrence Lee Bennett, Jr. (L. Lee Bennett Jr, P.C.), Atlanta; David E. Hudson (Hull Barrett, PC), Augusta, for other party.
    Case Number: S17A1804

    In a high-profile murder case, the Supreme Court vacated a gag order that restrained certain classes of persons from making extrajudicial, public statements on certain subjects related to the case for so long as it remained pending, holding that the record did not reveal circumstances sufficiently exceptional to warrant such a restraint.

  • Doe v. The State

    Publication Date: 2018-04-11
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Jeffrey Robert Filipovits (Filipovits Law Firm, P.C.), Atlanta, for appellant.
    for defendant: Richard Ashley Mallard, Keith A. McIntyre (Ogeechee Judicial Circuit District Attorney's Office), Statesboro, for appellee. Brenda Jean Smeeton, Michele Maria Young, Cory Isaacson (Georgia Justice Project), Atlanta; Nancy Rhinehart DeVetter (Georgia Legal Services), Savannah, for amicus appellant. Christopher M. Carr, Sarah Hawkins Warren (Department of Law), Atlanta, for amicus appellee.
    Case Number: S17A1694

    Because the appeal at issue did not invoke the Georgia Supreme Courts constitutional-question jurisdiction, the Court returned the appeal to the Court of Appeals.

  • Stroud v. The State

    Publication Date: 2018-04-11
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Christina Cribbs (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Benjamin Coker (District Attorney), Thomaston; Brittany Fallin (Upson County District Attorney's Office), Thomaston, for appellee.
    Case Number: A17A1679

    Trial Court Erred In Failing to Determine Whether Impoundment of Vehicle Following Traffic Violation Was Reasonably Necessary