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  • Diversified Holdings, LLP v. City of Suwanee

    Publication Date: 2017-12-07
    Practice Area: Administrative Law | Civil Appeals | Land Use and Planning
    Industry: Real Estate
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Matthew Parks Benson (Mahaffey Pickens Tucker, LLP), Lawrenceville, for appellant.
    for defendant: Richard A. Carothers, Amy Bryant Cowan, Thomas Monroe Mitchell (Carothers & Mitchell, LLC), Buford, for appellee.
    Case Number: S17A1140

    The trial court properly affirmed a local zoning boards denial of landowner's application to rezone certain property, finding that the denial was not arbitrary or capricious because the propertys current zoning was substantially related to the publics health, safety, morality and welfare.

  • Surrogates Court Surrogate Malave-Gonzalez

    Publication Date: 2017-12-05
    Practice Area: Trusts and Estates
    Industry:
    Court: Supreme Court, Bronx County First Department
    Judge: Unsigned
    Attorneys: For plaintiff:
    for defendant:
    Case Number:

    Surrogates CourtSurrogate Malave-Gonzalez

  • Cox v. Gerson

    Publication Date: 2017-11-29
    Practice Area: Contractual Disputes | Real Estate
    Industry:
    Court: Supreme Court, Kings
    Judge: Justice Debra Silber
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 6359/2016E

    Plaintiffs Fail to State a Claim for Fraud Against Defendants; Dismissal Granted

  • 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

  • Anglin v. The State

    Publication Date: 2017-11-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Ashleigh Bartkus Merchant, John B. Merchant III (The Merchant Law Firm, PC.), for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Michael Scott Carlson, D. Victor Reynolds (Cobb County District Attorney's Office), Marietta, for appellee.
    Case Number: S17A1153

    The evidence supported defendant's convictions for felony murder and marijuana possession and the trial court did not abuse its discretion in allowing State to introduce evidence of defendant's alleged membership in a gang, as there was some evidence presented at trial to show that the charged crimes were motivated by gang membership.

  • Cannon v. The State

    Publication Date: 2017-11-10
    Practice Area: Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Dell Jackson, Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, S. Taylor Johnston (Department of Law), Atlanta; Anna Green Cross, Sherry Boston, Gerald Mason (Dekalb County District Attorney's Office), Decatur, for appellee.
    Case Number: S17A1127

    The evidence supported defendant's convictions for felony murder and aggravated assault after he stabbed a man in the neck in a restaurant because he believed the man owed him money and defendant did not prove his ineffective assistance of counsel claims.

  • Olevik v. The State

    Publication Date: 2017-11-07
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Lance Warren Tyler (Tyler Law Firm, LLC), Suwanee, for appellant.
    for defendant: Rosanna M. Szabo, Samuel Richard d'Entremont, Joelle M. Nazaire (Office of the Gwinnett County Solicitor General), Lawrenceville, for appellee.
    Case Number: S17A0738

    The Georgia Constitution's protection against compelled self-incrimination prohibits law enforcement from compelling a person suspected of DUI to blow their deep lung air into a breathalyzer.

  • Patton v. Vanterpool

    Publication Date: 2017-11-07
    Practice Area: Family Law
    Industry:
    Court: Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Richard Allen Sanders, Jr. (Andrews & Sanders Law Offices), Savannah, for appellant.
    for defendant: David Benton Purvis, Michael Eric Manely (The Manely Firm, PC.), Marietta, for appellee.
    Case Number: S17A0767

    The Court reversed the grant of summary judgment to mother on the issue of paternity in a divorce action, finding that O.C.G.A. 19-7-21, which creates an irrebuttable presumption of legitimacy with respect to children conceived by means of artificial insemination does not extend to children conceived by in-vitro fertilization treatment.

  • PEOPLE res, v. FREEMAN LOVELY, def-ap

    Publication Date: 2017-11-02
    Practice Area:
    Industry:
    Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
    Judge: Richter, J.P., Webber, Kern, Moulton, JJ.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 4841

    4841. PEOPLE res, v. FREEMAN LOVELY, def-ap — Robert S. Dean, Center for Appellate Litigation, New York (Mark W. Zeno of counsel), for ap — Cyrus R. Vance, Jr., District Attorney, New Yor

  • COURTNEY TAYLOR, plf-ap, v. LORENZO DELGADO def-res

    Publication Date: 2017-11-02
    Practice Area:
    Industry:
    Court: SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT
    Judge: Acosta, P.J., Manzanet-Daniels, Gische, Kapnick, Kahn, JJ.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 4868

    4868. COURTNEY TAYLOR, plf-ap, v. LORENZO DELGADO def-res — Block O'Toole & Murphy, New York (David L. Scher of counsel), for ap — Saretsky Katz & Dranoff, L.L.P., New York (Alle