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  • Mays v. The State

    Publication Date: 2018-05-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Charles Cauble (Daniels & Cauble PC), Newnan, for appellant.
    for defendant: Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow; John Cranford (Coweta Judicial Circuit), Newnan, for appellee.
    Case Number: A18A0434

    The trial court correctly concluded that it was not required, under O.C.G.A. § 17-10-1 (a) (1) (B), to include a behavioral-incentive date in defendant's 10-year sentence of probation after he pleaded guilty as a first offender to one count each of aggravated assault, misdemeanor family-violence battery and third-degree cruelty to children because defendant was not convicted of any felony offenses, as a first offender guilty plea does not constitute a conviction.

  • Medical v. Westlake

    Publication Date: 2018-05-21
    Practice Area: Civil Appeals | Contractual Disputes
    Industry:
    Court: Court of Appeals
    Judge: Justice Angelini
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 04-17-00285-CV

    Appellant, a medical imaging equipment provider, brought suit against appellee for breach of contract for failing to pay monthly service fees on time and allowing third parties to work on the equipment.

  • City Of EL Cenizo v. State Of Texas

    Publication Date: 2018-05-21
    Practice Area: Civil Rights
    Industry:
    Court: U.S. Court of Appeals for the Fifth Circuit
    Judge: Circuit Judge Jones
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 17-50762

    The court withdrew its prior opinion of March 13, 2018 (885 F.3d 332) and substituted this opinion, the purpose of which was to eliminate reference to Unites States v. Gonzalez-Longoria, 831 F.3d 670 (5th Cir. 2016) (en banc), given that decision's abrogation by the Supreme Court in Sessions v. Dimaya, 138 S. Ct. 1204 (2018).

  • Lanham v. The State

    Publication Date: 2018-05-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jessica Benjamin, Athens, for appellant.
    for defendant: Joshua Smith (District Attorney's Office Augusta Judicial Circuit), Augusta; Henry Syms (Office of the District Attorney), Augusta, for appellee.
    Case Number: A18A0644

    The Court affirmed defendant's rape conviction, holding that the trial court properly denied his motion for new trial because he failed to prove his ineffective assistance of counsel claims.

  • Amberson v. State Of Texas

    Publication Date: 2018-05-14
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Hinojosa
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 13-16-00306-CR

    Appellant was convicted of intentionally or knowingly possessing a controlled substance clonazepam - in an amount less than 28 grams after a jury trial based on the testimony of the arresting officer of the drug identity.

  • Yazdani-Beioky v. Sharifan

    Publication Date: 2018-05-14
    Practice Area: Civil Appeals | Contractual Disputes
    Industry:
    Court: Court of Appeals
    Judge: Justice Brown
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 14-15-00702-CV

    In 2005, the parties entered into a written partnership agreement to create Metro Hospitality Partners (MHP) whereby appellant was a limited partner with a 59.9% interest, appellee was a limited partner with a 40% interest, and another company, MHM, which was owned entirely by appellant, would be the general partner and have a .1% interest.

  • Schwartz v. Fipps

    Publication Date: 2018-05-14
    Practice Area: Civil Appeals | Civil Procedure | Expert Witnesses | Medical Malpractice
    Industry:
    Court: Court of Appeals
    Judge: Justice Alvarez
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 04-17-00337-CV

    Appellee developed an anastomotic leak after his gastric bypass surgery performed by appellant.

  • Marathon v. Cherry

    Publication Date: 2018-05-14
    Practice Area: Civil Appeals | Civil Procedure | Court Administration
    Industry:
    Court: Court of Appeals
    Judge: Justice Frost
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 14-16-00634-CV

    Appellant contracted with appellee to provide demolition work and after one of appellees workers was injured, appellant filed suit against appellee for indemnity pursuant to their contract.

  • In Re Justin M

    Publication Date: 2018-05-14
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Justice Moseley
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 06-18-00014-CV

    The trial court appointed the Department of Family and Protective Services as the temporary managing conservator of four children.

  • People v. Cummings

    Publication Date: 2018-05-09
    Practice Area: Evidence
    Industry:
    Court: Court of Appeals
    Judge: Associate Judge Rowan D. Wilson
    Attorneys: For plaintiff: Susan H. Salomon, for appellant.
    for defendant: Ross D. Mazer, for respondent.
    Case Number: No. 50

    The People &c., Respondent, v. Twanek Cummings, Appellant.