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  • Slaughter v. The State

    Publication Date: 2018-06-15
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Jerome Slaughter, Oglethorpe, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Marc Mallon (Senior Assistant District Attorney), Atlanta, for appellee.
    Case Number: A18A0163

    Any Conflicting Evidence As To Venue Was Resolved by Jury

  • Amberfield Homeowners Association, Inc. v. Young et al.

    Publication Date: 2018-06-12
    Practice Area: Real Estate
    Industry: Entertainment and Leisure | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: George Welborn (Downey, Cleveland, Parker & Williams), Marietta; Joseph Atkins (Downey & Cleveland, LLP), Marietta, for appellant.
    for defendant: Randall Lipshutz (Lipshutz Greenblatt LLC), Tucker, for appellee.
    Case Number: A18A0391

    Homeowners Association Had Authority to Accept Easement Obligating All Members to Pay Dues to Nearby Swim and Tennis Club

  • Ceballos v. The State

    Publication Date: 2018-06-06
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Ramon Alvarado (Attorney at Law), Norcross, for appellant.
    for defendant: Rosanna Szabo (Solicitor-General), Lawrenceville; Samuel D'Entremont (Gwinnett County Solicitor-General's Office), Lawrenceville, for appellee.
    Case Number: A18A0597

    State's Failure to Provide Police Officer's Scene-of-Incident Notebook Did Not Violate Best Evidence Rule or Due Process

  • McConnell et al. v. Georgia Department Of Labor

    Publication Date: 2018-06-06
    Practice Area: Civil Procedure | Class Actions | Privacy
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ellington
    Attorneys: For plaintiff: Jefferson Allen (Cohen, Cooper, Estep & Allen, LLC), Atlanta; Scott Schweber (Schweber Green Law Group), Atlanta, for appellant.
    for defendant: Christopher Carr, Samuel Olens (Attorney General), Atlanta; Kirsten Daughdril (Attorney at Law), Atlanta; Angela Cusimano (Georgia Department of Law), Atlanta, for appellee.
    Case Number: A16A0655

    Suit Against State Agency For Inadvertent Disclosure of Private Information Not Barred By Sovereign Immunity

  • 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).