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  • Burton v. ECI Management Corporation

    Publication Date: 2018-08-07
    Practice Area: Evidence
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Fred Rushing (RBBS LLC f/k/a The Rushing Firm Ltd), East Point; Heather Johnson (The H.L. Johnson Law Group LLC), Atlanta, for appellant.
    for defendant: Brantley Rowlen, James Doyle, Kristin Roquemore (Lewis Brisbois Bisgaard & Smith LLP), Atlanta, for appellee.
    Case Number: A18A0657

    Court Properly Denied Appellant's Motion to Withdraw Her Admissions Regarding Alleged Hazardous Condition

  • Awtrey v. The State

    Publication Date: 2018-08-07
    Practice Area: Criminal Law | Evidence
    Industry: Consumer Products | Distribution and Wholesale
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Ashleigh Merchant (The Merchant Law Firm PC), Marietta, for appellant.
    for defendant: Emily Richardson (Douglas County District Attorney's Office), Douglasville; Brian Fortner (Douglas County District Attorney), Douglasville; Steven Knittel (Assistant District Attorney), Douglasville; Ryan Leonard (Acting District Attorney), Douglasville, for appellee.
    Case Number: A18A0116

    Circumstantial Evidence Supports Finding Appellants Knew They Were Selling Products Containing a Controlled Substance

  • Performance Food Group, Inc., v. Davis

    Publication Date: 2018-07-30
    Practice Area: Creditors' and Debtors' Rights | Evidence | Real Estate
    Industry: Financial Services and Banking | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: James Martin (Hays Potter & Martin), Peachtree Corners, for appellant.
    for defendant: Willis Blacknall (Attorney at Law), Waycross, for appellee. David Conner, Robert Kutchey (The Conner Law Group P.C.), Savannah, for other party.
    Case Number: A18A0440

    Lender Bank's Claim For Excess Funds Following Tax Sale Lacked Supporting Business Records

  • Garner v. The State

    Publication Date: 2018-07-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Dell Jackson (Attorney at Law), Atlanta, for appellant.
    for defendant: Layla Zon (District Attorney), Covington; Tabitha Rogers (Newton County District Attorney's Office), Covington, for appellee.
    Case Number: A18A0157

    The evidence supported defendant's convictions for first-degree cruelty to children, rape, statutory rape, aggravated sodomy and several other sex offenses arising out of acts defendant committed against his stepchildren while their mother was in prison.

  • King v. The State

    Publication Date: 2018-07-23
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Michael Tarleton (The Appellate Division - GPDC), Atlanta, for appellant.
    for defendant: Sherry Boston (DeKalb County District Attorney), Decatur; Gerald Mason (DeKalb County District Attorney's Office), Decatur, for appellee.
    Case Number: A18A0182

    The trial court erroneously admitted evidence of defendant's prior conviction at his trial for aggravated child molestation and sexual battery and the Court thus reversed defendant's convictions and remanded for a new trial.

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  • Ventura v. The State

    Publication Date: 2018-07-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Michael Saul (Attorney at Law), Marietta, for appellant.
    for defendant: Susan Treadaway (Assistant District Attorney), Marietta; John Edwards (District Attorney's Office, Cobb Judicial Circuit), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A18A0479

    The trial court did not abuse its discretion in denying defendant's motion for new trial based on his contention that the prosecutor in his trial should have been disqualified because her husband had previously represented him in an unrelated felony case.

  • Dupree v. The State

    Publication Date: 2018-07-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Lawrence W. Daniel (Lawrence W. Daniel PC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Emily Kathleen Richardson, Brian Keith Fortner (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S18A0268

    The evidence supported defendant's convictions for malice murder and other crimes arising out of the asphyxiation death of a 75-year-old woman.

  • Wade v. The State

    Publication Date: 2018-07-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Matthew K. Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Michael Alexander Oldham, Christopher M. Carr (Department of Law), Atlanta; Anna Green Cross, Sherry Boston, Otobong U. Ekpo (DeKalb County District Attorneys Office), Decatur, for appellee.
    Case Number: S18A0327

    Although the evidence supported defendant's convictions for murder and related offenses arising out of the beating death of his girlfriend's 18-month-old son, the Court vacated his sentence and remanded for resentencing because the trial court erred in failing to merge certain counts.

  • Ware v. The State

    Publication Date: 2018-07-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Mary Katherine Durant (Durant Law LLC), Stone Mountain, for appellant.
    for defendant: Patricia B. Attaway Burton, Matthew Blackwell Crowder, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Natalie Spires Paine, John Marriott Markwalter (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.
    Case Number: S18A0028

    The evidence supported defendant's convictions for felony murder and other crimes in connection with the shooting death of his wife and the trial court did not err in failing to give a jury instruction on voluntary manslaughter, as the evidence did not support such a charge.

  • Gadson v. The State

    Publication Date: 2018-07-13
    Practice Area: Criminal Appeals | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Nahmias
    Attorneys: For plaintiff: Tyler R. Conklin (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill (Department of Law), Atlanta; Paul L. Howard Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Arthur C. Walton, Arthur C. Walton (Fulton County Courthouse), Atlanta, for appellee.
    Case Number: S18A0123

    Murder defendant failed to show harm resulting from the trial court's error in failing to give a certain jury charge and thus failed to prove plain error.