• Jenkins v. The State

    Publication Date: 2023-12-07
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Peterson
    Attorneys: For plaintiff: Robert Lawrence Persse, (Attorney at Law), Savannah, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Charles Keith Higgins, Benjamin E. Gephardt, (Brunswick Judicial Circuit District Attorney’s Office), Brunswick, for appellee.

    Case Number: S23A0534

    Defendant's Unequivocal Statement During Booking Demanding Presence of Lawyer Was Valid Invocation of Miranda Rights

  • Regan v. The State

    Publication Date: 2023-12-06
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: Gordon Clark Hall, Jr., (Law Office of Gordon Hall, LLC), La Fayette Melinda Faye Johnson, (Johnson Law Firm), Conyers, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Bailey Rachel Simkoff, Randal Matthew McGinley, (Alcovy Judicial Circuit District Attorney’s Office), Monroe, for appellee.

    Case Number: S23A0686

    Defendant's Sentence For Felony Child Molestation Violated Federal Equal Protection Rights

  • Cooper v. The State

    Publication Date: 2023-12-05
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: John Walter Donnelly, (Western Judicial Circuit Public Defender), Athens, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Eric Christopher Peters, (Department of Law), Atlanta, Deborah Gonzalez, (Western Circuit District Attorney’s Office), Athens, for appellee.

    Case Number: S23A0846

    Trial Counsel Did Not Render Constitutionally Ineffective Assistance by Failing to Object to Multiple Portions of Lead Detective Testimony

  • Pennington et al. v. Bridge Senior Living, LLC et al.

    Publication Date: 2023-12-05
    Practice Area: Premises Liability
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Jeffrey Gewirtz, Eric Hertz, (Eric J Hertz, PC), Atlanta, for appellant.
    for defendant: Parks Stone, (Wilson Elser Moskowitz Edelman & Dicker LLP), Atlanta, for appellee.

    Case Number: A23A0883

    Court affirms summary judgment in a premises liability case involving a fatal fall at an assisted living facility, finding that injured party had equal knowledge and should have been aware of a hazard

  • WW3 Ventures, LLC v. The Bank of New York Mellon As Successor Trustee Under Novastar Mortgage Funding Trust Series 2006-2

    Publication Date: 2023-12-04
    Practice Area: Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: John Ayoub, Carolina Bryant, (Ayoub & Mansour LLC), Atlanta, for appellant.
    for defendant: Monica Gilroy, (The Gilroy Firm), Atlanta, Matthew Totten, (The Totten Firm, LLC), Atlanta, for appellee; James Blum, (Blum & Campbell, LLC), Peachtree Corners, for other party.

    Case Number: A23A0719

    Court affirms that a bidder for a lien on property took title to the property subject to a mortgagor's security interest where security deed did not include a witness attestation

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  • Nix v. Scarbrough

    Publication Date: 2023-12-04
    Practice Area: Dispute Resolution | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: James Metts, (Attorney at Law), Savannah, Kenneth Johnson, (Johnson Kraeuter, LLC), Savannah, for appellant.
    for defendant: Molly Howard, (Howard & Whatley, P.C.), Savannah, Andrew Wilkes, Irving Drought, (Oliver Maner LLP), Savannah, for appellee; Susan Cox, (Susan W. Cox, LLC); Peachtree Corners, for other party.

    Case Number: A23A0790

    Court upholds decision to compel arbitration and an arbitration award in a divorce case despite allegations of breach of an arbitration agreement and contentions of arbitrator bias

  • Dekalb County School District et al. v. Dekalb Agriculture Technology and Environment, Inc. et al.

    Publication Date: 2023-12-01
    Practice Area: Contracts
    Industry: Education
    Court: Georgia Court of Appeals
    Judge: Judge Pipkin
    Attorneys: For plaintiff: Andrea Jolliffe, (Hall Booth Smith), Athens, Pearson Cunningham, (Hall Booth Smith), Atlanta, Melanie Slaton, (Hall Booth Smith, P.C.), Columbus, Russell Britt, (Attorney at Law), Atlanta, for appellant.
    for defendant: Robert Fortson, (Gilbert, Harrell, Sumerford & Martin), Atlanta, Peter Farley, (McGuire Woods LLP), Atlanta, Heidi Siegmund, (McGuire Woods LLP), Richmond, for appellee.

    Case Number: A23A0787

    Court affirms summary judgment in favor of charter schools and against a School District, finding that the schools' claims sounded in breach of contract and were not barred by sovereign immunity

  • Elements Distribution, LLC v. State of Georgia

    Publication Date: 2023-12-01
    Practice Area: Criminal Law
    Industry: Agriculture
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Thomas Church, (The Church Law Firm, LLC), Roswell, for appellant.
    for defendant: Patsy Austin-Gatson, Brandon Delfunt, (Gwinnett County District Attorney), Lawrenceville, for appellee.

    Case Number: A23A0842

    Court reverses trial court's denial of a petition to return products containing delta-8-THC and delta-10-THC, where those products were seized pursuant to an invalid warrant

  • Felts et al. v. Thaxton

    Publication Date: 2023-11-30
    Practice Area: Trusts and Estates
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Robert Huestis, Amy BeMent, (Blasingame Burch Garrard & Ashley, PC), Athens, for appellant.
    for defendant: Thomas Camp, (Attorney at Law), Athens, Susanne Burton, Lexington, for appellee.

    Case Number: A23A0662

    Court affirms in part and reverses in part a directed verdict against a party's challenge to an annuity beneficiary change, finding that the jury should evaluate an undue influence claim

  • Knight v. Senoia Raceway Management, Inc.

    Publication Date: 2023-11-30
    Practice Area: Personal Injury
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Watkins
    Attorneys: For plaintiff: John Phillips, (Law Office of Johnny Phillips), Newnan, for appellant.
    for defendant: Lonnie Haralson, (Lonnie J. Haralson, IV P.C.), Lagrange, Melissa McMullen, Brian Neary, (Webb, Zschunke, Neary, Dikeman, LLP), Atlanta, Andrei Ionescu, (Bloom Parham, LLP), Atlanta, for appellee.

    Case Number: A23A0878

    Court affirms summary judgment in favor of a raceway in a personal injury case, finding that race participant assumed the risk of injury and rejecting his other supporting claims