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  • Ramirez v. The State

    Publication Date: 2018-05-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jason Hood (Attorney at Law), Calhoun, for appellant.
    for defendant: Rosemary Greene (District Attorney), Calhoun; Sharon Fox (Gordon County District Attorney's Office), Calhoun, for appellee.
    Case Number: A18A0502

    Defendant Who Was Not Present at Bench Conference When Attorneys and Judge Discussed Jury Selection Issues Was Not Denied His Right To Be Present At All Trial Proceedings

  • Allen v. The State

    Publication Date: 2018-05-22
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Viveca Famber (Attorney at Law), Austell, for appellant.
    for defendant: Tracy Lawson (District Attorney), Jonesboro; Elizabeth Rosenwasser (Clayton County District Attorney), Jonesboro, for appellee.
    Case Number: A18A0480

    Trial Court Did Not Wrongfully Permit Deputy to Admonish Deputy to Stop Crying During Trial

  • 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.

  • 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.

  • Canelas v. The State

    Publication Date: 2018-05-07
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Eric Crawford (Crawford and Boyle LLC), Monroe, for appellant.
    for defendant: Rosanna Szabo (Solicitor-General), Lawrenceville; Samuel D'Entremont (Gwinnett County Solicitor-General's Office), Lawrenceville; Nicole Wong (Gwinnett County Solicitor's Office), Lawrenceville, for appellee.
    Case Number: A18A0764

    The Court affirmed defendant's convictions for DUI-less safe and DUI per se following a single-vehicle motorcycle crash but reversed his conviction for driving without a valid license, as the evidence did not support that conviction.

  • The State v. Andre Plaines

    Publication Date: 2018-04-30
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Margaret Heap (District Attorney), Savannah; Kristjan Whiteway (Office of the District Attorney Eastern Judicial District), Savannah, for appellant.
    for defendant: Amy Ihrig (Public Defenders Office EJC), Savannah, for appellee.
    Case Number: A17A1433

    The trial court abused its discretion in denying State's motion of its intention to introduce other-act evidence in defendant's trial, as the trial court erred in finding that the other-acts evidence was not relevant under O.C.G.A. § 24-4-404 (b).

  • The State v. Orr

    Publication Date: 2018-04-18
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Emily Johnson (District Attorney's Office Rome Judicial Circuit), Rome; Leigh Patterson (District Attorney), Rome; Luke Martin (Floyd County District Attorney), Rome, for appellant.
    for defendant: Benjamin Pierman (McCurdy & Candler LLC), Decatur, for appellee.
    Case Number: A17A2096

    The trial court did not err in granting defendant's motion for new trial following his convictions for family violence battery and cruelty to children in the third degree because the prosecutor impermissibly commented on defendant's pre-arrest silence in her closing argument and the error was not harmless.

  • Murray v. Community Health Systems Professional Corp. et al.

    Publication Date: 2018-04-17
    Practice Area: Civil Procedure | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: John Brown (Attorney at Law), Augusta, for appellant.
    for defendant: Thomas Cathey, George Hall (Hull Barrett PC), Augusta; Richard Sheinis (Hall Booth Smith P.C.), Charlotte; Sean Cox (Attorney at Law), Atlanta, for appellee.
    Case Number: A17A2112

    The trial court properly granted summary judgment to defendants on plaintiff's retaliation claim because she failed to establish a prima facie case of retaliation but partially erred in granting defendants' motion for summary judgment on plaintiff's defamation claims, as a genuine issue of material fact remained with respect to one of the claims.

  • Legacy Academy, Inc. v. Doles-Smith Enterprises, Inc.

    Publication Date: 2018-04-03
    Practice Area: Business Torts | Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Charles Bachman (Gregory Doyle Calhoun & Rogers LLC), Atlanta, for appellant.
    for defendant: Cary Ichter (Attorney at Law), Atlanta; William Davis (Ichter Davis, LLC), Atlanta, for appellee.
    Case Number: A17A2102

    Res Judicata Barred Francisor From Seeking Remedies It Could Have Pursued Against Franchisee in Prior Action

  • Frye v. The State

    Publication Date: 2018-03-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: Anne Allen (Assistant District Attorney), Carrollton; Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.
    Case Number: A17A1554

    The trial court did not abuse its discretion in excluding certain evidence defendant sought to admit in his trial for child molestation and aggravated sexual battery of his minor granddaughter because the proposed evidence did not comport with the narrow exception to Georgias Rape Shield statute.