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  • Clark v. The State

    Publication Date: 2023-02-10
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: Debra Kay Jefferson, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Alex Martin Bernick, (Department of Law), Atlanta, Gerald Lee Henderson, (Office of the District Attorney Gwinnett Judical Circuit), Lawrenceville, Jared Tolton Williams, (Augusta Judicial Circuit District Attorney’s Office), Augusta, Christopher Anders George, (Prosecuting Attorneys Council of Georgia), Morrow, for appellee.
    Case Number: S22A0950

    Trial Court Properly Applied Totality-of-Circumstances Test in Determining That Juvenile Waived Miranda Rights

  • February 9, 2023 | Daily Report Online

    Georgia Appeals Court: BOLO Call Insufficient Basis for Traffic Stop That Led to Drug Charge

    "Here, the BOLO for an aggressive driver in a gray passenger vehicle traveling on Mulberry Rock Road with an orange out-of-state tag was, without more information, too generalized to warrant a traffic stop because '[t]his description would cover a staggering number of vehicles and drivers in the State of Georgia' and cannot create a reasonable suspicion to stop the vehicle,"' Court of Appeals Judge Ben Land wrote.

    4 minute read

  • Mulkey v. The State

    Publication Date: 2023-02-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, Jason McLendon, (McLendon Law Firm), Atlanta, for appellant.
    for defendant: Elizabeth Racine, Aimee Sobhani, (Douglas County District Attorney), Douglasville, for appellee.
    Case Number: A22A1452

    Court affirms child molestation conviction over defendant's contentions of error regarding admission of prior bad acts evidence from similar charges that were dismissed

  • Sachy et al. v. Allen et al.

    Publication Date: 2022-12-30
    Practice Area: Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Henry Green, (The Weathington Firm), Atlanta, for appellant.
    for defendant: John Dozier, George Phillips, (Dozier Law Firm, LLC), Macon, for appellee.
    Case Number: A22A1680

    Court reverses denial of a motion to dismiss wrongful death claims because they were untimely filed and the statute of limitations had not been tolled

  • Rider v. The State

    Publication Date: 2022-12-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Michael Strong, (Imhoff and Associates PC), Newnan, for appellant.
    for defendant: Samir Patel, (Cherokee Judicial Circuit - District Attorney’s Office), Cartersville, Jana Allen, (The McCoy Law Firm, LLC), Cartersville, for appellee.
    Case Number: A22A1727

    Court affirms convictions for child molestation and drug offenses over defendant's claims of error and evidentiary and jury charge challenges

  • December 16, 2022 | Daily Report Online

    Reversed on Appeal: Arrested Doctor Evades Improperly Tolled Wrongful Death Claims

    "The opinion of the Court of Appeals is a sweeping re-interpretation of O.C.G.A. § 9-3-99, a statute that is often the only means by which crime victims are able to obtain relief," said appellee attorney George L. Phillips Jr. of Dozier Law in Macon.

    7 minute read

  • December 9, 2022 | Daily Report Online

    Georgia Court of Appeals, Reversing Trial Court, Nixes Suit Against MARTA Over Passenger's Fall on Train

    "Because a MARTA train is akin to a street car, MARTA had no duty to give passengers a reasonable time to find a seat before departing the station," the appeals court said.

    4 minute read

  • Williams v. The State

    Publication Date: 2022-12-09
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Debra Jefferson, (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Flynn Broady, Elizabeth York, (Cobb County District Attorney’s Office), Marietta, Samuel d’Entremont, (DeKalb County District Attorney’s Office), Decatur, for appellee.
    Case Number: A22A1297

    Court affirms convictions for kidnapping and sexual battery over defendant's challenges to admission of other acts evidence and allegations of no proof of venue

  • Praultshell, Inc. et al. v. River City Bank

    Publication Date: 2022-12-07
    Practice Area: Creditors' and Debtors' Rights
    Industry: Entertainment and Leisure
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Charles Conerly, (Attorney at Law), Carrollton, for appellant.
    for defendant: Leon Jones, Jameson Killorin, (Jones & Walden, LLC), Atlanta, for appellee.
    Case Number: A22A1512

    COVID-19-Related Orders Closing Restaurants Did Not Support Impossibility Defense to Action For Breach of Promissory Note

  • City of Roswell v. Hernandez-Flores

    Publication Date: 2022-11-28
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Sun Choy, Wesley Jackson, (Freeman Mathis Gary, LLP), Atlanta, for appellant.
    for defendant: Larry Stewart, (Attorney at Law), Lawrenceville, Kyle Koester, (Attorney at Law), Woodstock, for appellee.
    Case Number: A22A0985

    Court reverses denial of a City's motion for summary judgment in a personal injury case, finding that the City had not waived its sovereign immunity defense