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The State v. Licata

Publication Date: 2017-11-22
Practice Area: Constitutional Law | Criminal Law | Evidence
Industry:
Court: Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Adam Keller (Sr. Assistant Solicitor General), Cumming; William Finch (Solicitor General of Forsyth County), Cumming, for appellant.
for defendant: Woodrow Smith (Attorney at Law), Atlanta; Matthew Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellee.
Case Number: A17A1200

The trial court erred in granting DUI defendant's motion to suppress the results field sobriety tests and evidence of his refusal to take a breath test because he was sufficiently warned of his right not to incriminate himself before the field sobriety tests and he was not entitled to counsel when deciding whether to submit to the state-requested breath test.

Fulton County, Georgia v. Soco Contracting Company, Inc.

Publication Date: 2017-11-21
Practice Area: Civil Procedure | Contracts
Industry: Construction
Court: Court of Appeals
Judge: Presiding Judge Ray
Attorneys: For plaintiff: Ronald Freeman, Cathy Nash, Bethany White (Johnson & Freeman, LLC), Union City; Cheryl Ringer (Office of the Fulton County Attorney), Atlanta; Denval Stewart (Office of the County Attorney), Atlanta, for appellant.
for defendant: David Roberts (Roberts Construction Law, LLC), Atlanta, for appellee. Larry Ramsey (ACCG), Atlanta, for amicus curiae.
Case Number: A17A1001

The trial court erred in denying county's motion for summary judgment in construction company's suit arising out of a contract for the construction of a cultural center because county was entitled to sovereign immunity on causes of action related to unwritten change orders.

USA v. Gibson

Publication Date: 2017-11-20
Practice Area: Criminal Law
Industry:
Court: U.S. Court of Appeals for the Fifth Circuit
Judge: Circuit Judge Higginson
Attorneys: For plaintiff:
for defendant:
Case Number: 15-20323

A jury convicted defendants of participating in three conspiracies: one to defraud Medicare, one to pay unlawful kickbacks and a third to launder money.

The State v. Peabody

Publication Date: 2017-11-20
Practice Area: Criminal Appeals | Government
Industry:
Court: Court of Appeals
Judge: Presiding Judge Miller
Attorneys: For plaintiff: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Lara Snow (Cherokee County D.A.'S Office), Canton; Shannon Wallace (District Attorney), Canton, for appellant.
for defendant: David Willingham (Willingham Law Firm, P.C.), Marietta, for appellee.
Case Number: A17A1258

The trial court properly granted former lieutenant's motion to quash an indictment against him for two counts of aggravated cruelty to animals in connection with the hot-car death of his K-9 dog because he was acting within the scope of his official job duties when the alleged crimes occurred and he was therefore entitled to the protections afforded by O.C.G.A. § 17-7-52, including timely notice of the grand jury proceeding and a copy of the proposed indictment, but State failed to comply with those statutory mandates.

Matter of State of N.Y. v. Frederick M.

Publication Date: 2017-11-20
Practice Area: Civil Procedure | Civil Rights | Criminal Law | Evidence
Industry:
Court: Supreme Court, Kings
Judge: Justice Dineen Riviezzo
Attorneys: For plaintiff: For the petitioner: Jeffrey Jackson, Esq., Office of the Attorney General, New York, New York.
for defendant: For the respondent: Alison Kuhlman, Esq., Mental Hygiene Legal Service, Brooklyn, New York.
Case Number: 5188/2016

OSPD (Non-Consent) Diagnosis Not Generally Accepted Under 'Frye Precluding Trial Testimony

S.E.C. v. Pence

Publication Date: 2017-11-20
Practice Area: Securities Litigation
Industry:
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: Magistrate Judge Gabriel Gorenstein
Attorneys: For plaintiff:
for defendant:
Case Number: 15 Civ. 7077

Partial Grant of Fifth Amendment's Invocation Over Depositions Explained

November 17, 2017 | The Recorder

How a Story of Vengeance and Love in California's Old West Helped Create Today's Imperial Presidency

The so-called "Imperial Presidency" has its roots in a tale about a phony wedding contract, a femme fatale with a sharpshooter's eye, the notoriously hot-tempered former California Supreme Court Justice who fell in love with her, and a U.S. Marshal who killed him on a train while defending a sitting U.S. Supreme Court Justice.

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In The Interest of E. B., a child

Publication Date: 2017-11-17
Practice Area: Criminal Law
Industry:
Court: Court of Appeals
Judge: Presiding Judge McFadden
Attorneys: For plaintiff: Jared Roberts (Attorney at Law), Douglas, for appellant.
for defendant: George Barnhill (District Attorney), Waycross; Ian Sansot (District Attorney's Office, Waycross Judicial Circuit), Douglas, for appellee.
Case Number: A17A0784

The evidence was insufficient to support the juvenile's adjudications of delinquency for burglary and shoplifting but there was sufficient evidence to support his adjudication of delinquency for tampering with the operation of an electronic monitoring device.

People v. Gordon

Publication Date: 2017-11-17
Practice Area: Criminal Law
Industry:
Court: Supreme Court, Kings
Judge: Justice Martin Murphy
Attorneys: For plaintiff:
for defendant:
Case Number: 03414/16

Evidence Obtained Via Use of Cell Site Simulator Granted Suppression

Galindo v. East County Louth Inc.

Publication Date: 2017-11-17
Practice Area: Wage and Hour Litigation
Industry: Food and Beverage
Court: U.S. District Court for the Southern District of New York, U.S. - SDNY
Judge: Judge Katherine Polk Failla
Attorneys: For plaintiff:
for defendant:
Case Number: 16 Civ. 9149

Attorneys' Fees in FLSA Settlement Not Fair; Non-Disparagement Clause Impermissibly Broad