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McCabe v. The State
Publication Date: 2024-07-16
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Justice Ellington
Attorneys:
For plaintiff: Leigh Ann Webster, (Strickland Webster, LLC), Atlanta, Ashleigh Bartkus Merchant, (The Merchant Law Firm, P.C.), Marietta, for appellant.
For defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, for appellee; Sheila Ann Ross, (Prosecuting Attorney's Council of Georgia), Morrow, Deborah Gonzalez, (Western Circuit District Attorney's Office), Athens, for appellee.
Case number: S24A0293

Court affirms felony murder convictions despite defendants' claims of insufficient evidence, juror misconduct, trial court error, and claims of ineffective assistance

In the Matter of Diana Y. McDonald.
Publication Date: 2024-07-16
Practice Area: Legal Ethics and Attorney Discipline
Industry: Legal Services
Court: Georgia Supreme Court
Judge: Per Curiam
Attorneys:
For plaintiff: N/a
For defendant: N/a
Case number: S23Y1195

Court dismisses attorney's petition to retire from legal practice and instead orders disbarment due to multiple ethical violations involving misuse of client funds

Omstead v. BPG Inspection, LLC et al.
Publication Date: 2024-07-15
Practice Area: Contracts | Wrongful Death
Industry: Construction
Court: Georgia Supreme Court
Judge: Justice McMillian
Attorneys:
For plaintiff: James Darren Summerville, Kristopher Robert Alderman, (The Summerville Firm, LLC), Atlanta, Lance D. Lourie, Stephen Roberts Chance, Andrew John King, (Lourie Chance Forlines Carter & King, PC), Atlanta, for appellant.
For defendant: Leah Ward Sears, Edward Davison Burch, Jr., Edward H. Wasmuth, Jr., (Smith, Gambrell & Russell, LLP), Atlanta, Charles Samuel Conerly, (Smith Conerly, LLP), Carrollton, for appellee; Meagan Myers Hanson, (Georgians For Lawsuit Reform), Atlanta, Atlanta,, Kevin Bradford Sears, (Kilpatrick Townsend & Stockton LLP), Atlanta, for Amicus Appellee; Madeleine Norine Simmons, (Stewart Miller Simmons), Atlanta, Madeline Elizabeth McNeeley, (Harris Lowry Manton LLP), Brookhaven, Caleb Frank Walker, (The McArthur Law Firm), Macon, for Amicus Appellant.
Case number: S23G0771

Court affirms enforceability of one-year contractual limitation for filing tort and contract suits against a contractor, holding that the limitation is not void as against public policy

Tatum v. The State
Publication Date: 2024-07-15
Practice Area: Criminal Law | Evidence
Industry: Legal Services
Court: Georgia Supreme Court
Judge: Justice Colvin
Attorneys:
For plaintiff: John Jay McArthur, (McArthur & McArthur, P.A.), Athens, for appellant.
For defendant: David Parks White, (Northern Judicial Circuit District Attorney's Office), Hartwell, Michael Martin Coveney, (Northern Judicial Circuit District Attorney's Office), Danielsville, Jeffrey Lee, (Office of the Elbert County District Attorney), Elberton for appellee; Brandon A. Bullard, (The Bullard Firm, LLC), Atlanta, Virginia Natasha Perdew Silas, (Federal Defender Program Inc.), Decatur, Hunter Joseph Rodgers, Smyrna, Mazie Lynn Guertin, (Georgia Association of Criminal Defense Lawyers), Decatur, Cory H. Isaacson, (Aclu Foundation of Georgia), Atlanta, for Amicus Appellant.
Case number: S23G0955

Court vacates denial of motion to suppress evidence and remands for determination of whether the independent source doctrine applies in a case involving a warrantless search

Hostetler v. The State et al.
Publication Date: 2024-07-15
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Justice Colvin
Attorneys:
For plaintiff: Greg Allen Willis, Jessica Jones, (Willis Law Firm), Atlanta, for appellant.
For defendant: Leah Cristina Mayo, (Floyd County District Attorney's Office), Rome, for appellee.
Case number: S23A0524

Court vacates denial of habeas petition as not being moot, although defendant had completed her sentence, due to potential recidivist sentencing

Morney v. Kiker et al.
Publication Date: 2024-07-12
Practice Area: Personal Injury
Industry: State and Local Government
Court: Georgia Court of Appeals
Judge: Judge Gobeil
Attorneys:
For plaintiff: Aaron Michelman, (Foy & Associates, P.C.), Atlanta, Kurt Kastorf, (Kastorf Law), Atlanta, for appellant.
For defendant: Sun Choy, Jacob Daly, Steven Grunberg, (Freeman Mathis Gary, LLP), Atlanta, for appellee.
Case number: A22A1473

Court reverses dismissal of amended complaint and motion to add a deputy sheriff as a defendant in a per precedent that notice to the County gave notice to the sheriff

DiBrino v. Rockefeller Ctr. North Inc.
Publication Date: 2024-07-12
Practice Area: Labor Law | Personal Injury
Industry:
Court: Appellate Division, First Department
Judge: Justice Jeffrey K. Oing
Attorneys:
For plaintiff:
For defendant:
Case number: 27729/19

Subcontractor Did Not Owe Duty of Care to Other Subcontractor's Employee Hurt in Job Fall

Real Bridge LLC v. Wise
Publication Date: 2024-07-12
Practice Area: Civil Procedure
Industry:
Court: U.S. District Court for the Western District of New York, U.S. - WDNY
Judge: District Judge David G. Larimer
Attorneys:
For plaintiff:
For defendant:
Case number: 23-CV-6225

Fraud Claims Partly Dismissed Under Rule 12(b)(6); Defendant's Scienter Plausibly Alleged

Buckler v. Craft Beekman LLC
Publication Date: 2024-07-12
Practice Area: Employment Litigation
Industry: Food and Beverage | Hospitality and Lodging
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: District Judge Margaret M. Garnett
Attorneys:
For plaintiff:
For defendant:
Case number: 23 Civ. 09275

Bias Suit Dismissed; Complaint Devoid of Mention of Race, Claims of Disparate Treatment

Snellings v. The State
Publication Date: 2024-07-12
Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge Dillard
Attorneys:
For plaintiff: Robert Kenner, (Law Offices of Robert Kenner, Jr.), Stone Mountain, for appellant.
For defendant: Alisha Johnson, Alicia Gant, (Rockdale County District Attorney's Office), Conyers, Nathan Stuckey, (Attorney at Law), Augusta, for other party.
Case number: A24A0492

Court reverses trial court's denial of a motion to suppress evidence because traffic stop was unreasonably prolonged in a DUI case

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