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  • April 25, 2019 | Daily Report Online

    Appeals Court Nixes Insurer's $100K Settlement Offer Over 'Clarification' Request

    The appellate opinion said the evidence showed that Liberty Mutual's response to a policy-limit demand seeking"clarification" that it covered the at-fault driver's parents constituted a counteroffer that was not accepted.

    1 minute read

  • In the Matter of Neil Larson

    Publication Date: 2019-04-24
    Practice Area: Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Jenny K. Mittelman, Paula J. Frederick, (State Bar of Georgia), Atlanta, appellant.
    for defendant: Neil Larson, (The Larson Firm P.C.), Lithia Springs, for appellee.
    Case Number: S19Y0337

    Court Orders Disbarment of Attorney Who Abandoned Clients and Failed to Contest Allegations After Deeming Allegations True Based on Default

  • In the Matter of Donald Edward Smart

    Publication Date: 2019-04-23
    Practice Area: Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: Wolanda R. Shelton, Paula J. Frederick, Jenny K. Mittelman, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Donald Edward Smart, (The Smart Law Firm), Stratford, for appellee.
    Case Number: S18Y0511

    Court Orders Reprimand Via Certified Mail Where Lawyer Had Relocated and Was Unable to Travel to Georgia to Receive Reprimand Due to Inability to Pay Travel Costs

  • Licata v. The State

    Publication Date: 2019-04-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Woodrow Scott Smith, (W. Scott Smith, P.C.), Atlanta, Matthew K. Winchester, (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: William Aubrey Finch, Adam Eugene Keller, (Forsyth County Solicitor General's Office), Cumming, for appellee. Jimmonique R. S. Rodgersm Brandon A. Bullard, James C. Bonner, Jr., (Georgia Public Defender Council), Atlanta, David Edward Clark, (Clark & Towne, P.C.), Lawrenceville, Andrew Santos Fleischman, (Ross & Pines, LLC), Atlanta, Joseph Scott Key, (Miller & Key, PA), McDonough, for Amicus Appellant. Patricia B. Attaway Burton, Ross Warren Bergethon, Paula Khristian Smith, Andrew Alan Pinson, Christopher M. Carr, Tina Michelle Piper, David Scott McLaughlin, Jameson B. Bilsborrow, (Department of Law), Atlanta, Peter J. Skandalakis, Robert Wright Smith, Jr., Gilbert Alexander Crosby, (Prosecuting Attorneys' Council of Georgia), Morrow, George Herbert Hartwig, III, (Houston County District Attorney's Office), Perry, Lee Darragh, (Northeastern Circuit District Attorney's Office), Gainesville, Matthew Carl Krull, (Douglas County Solicitor General's Office), Douglasville, Samuel Richard d'Entremont, (Gwinnett County District Attorney's Office), Lawrenceville, for Amicus Appellee.
    Case Number: S18G0563

    Court Rejects Challenge to Admissibility of Roadside Sobriety Test Results Upon Concluding That Suspect Was Not in Custody but Reaffirms Commitment to Rule Against Presenting Refusal to Submit to a Breath Test and Orders Suppression of Refusal Evidence

  • The State v. Spratlin

    Publication Date: 2019-04-23
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Nahmias
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, (Department of Law), Atlanta, Lenny I. Krick, Sherry Boston, Otobong U. Ekpo, (Dekalb County District Attorneys Office), Decatur, Anna Green Cross, (The Summerville Firm LLC), Atlanta, for appellant.
    for defendant: Gerard Bradley Kleinrock, (Office of The Public Defender), Decatur, for appellee.
    Case Number: S18A1158

    Court reverses new trial order that had been entered in favor of murder defendant

  • West v. The State

    Publication Date: 2019-04-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: G. Richard Stepp, (G. Richard Stepp, P.C.), Lawrenceville, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Matthew Min-soo Youn, Christopher M. Carr, (Department of Law), Atlanta, Daniel J. Porter, Lee Franklin Tittsworth, Michael Douglas Morrison, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.
    Case Number: S18A1467

    Evidence That Defendant Asked Someone to Influence Juror in Ongoing Trial Was Admissible to Show Consciousness of Guilt

  • Conley v. Pate

    Publication Date: 2019-04-02
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Daniel Melvin King, Jr., (King Law Group), Dublin, Christopher M. Carr, Patricia B. Attaway Burton, Paula Khristian Smith, (Department Of Law), Atlanta, for appellant.
    for defendant: Ecleynne Mercy, (Mercy Law P.C.), Atlanta, Timothy Orman McCalep, (The Law Office of Timothy McCalep PC), Atlanta, for appellee.
    Case Number: S18A1121

    Court reverses habeus petition on 20-year sentence for statutory rape

  • Overton v. The State

    Publication Date: 2019-04-01
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Christina Rupp Cribbs, Veronica M. O'Grady, (Georgia Public Defender Council - Appellate Division), Atlanta, appellant.
    for defendant: David K. Getachew-Smith, Sr., Paul L. Howard, Jr., Lyndsey Hurst Rudder, (Fulton County District Attorney's Office), Atlanta, Patricia B. Attaway Burton , Scott Orion Teague, Christopher M. Carr, Paula Khristian Smith, (Department of Law), Atlanta, for appellee.
    Case Number: S18A1273

    Defendant's felony murder conviction affirmed over challenges to trial court's failure to charge jury on involuntary manslaughter

  • In the Matter of Alvis Melvin Moore

    Publication Date: 2019-03-28
    Practice Area: Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff: James Stephen Lewis, Paula J. Frederick, Jenny K. Mittelman, (State Bar of Georgia), Atlanta, for appellant.
    for defendant: Alvis Melvin Moore, Atlanta, for appellee. Anthony B. Askew, Bridget B. Bagley, Atlanta, for other party.
    Case Number: S19Y0552

    Court Denies Petition for Reinstatement by Attorney Who Was Suspended for Mental Health Issues and Failed to Provide Opinion of Medical Professional That He was Mentally Fit to Practice

  • Ivey v. The State

    Publication Date: 2019-03-15
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Warren
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: S18A1030

    Evidence Supported Jury's Finding That Defendant Did Not Shoot Victim in Self-Defense