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  • Smith v. The State

    Publication Date: 2018-01-03
    Practice Area: Criminal Law | Evidence | Judges
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Hines
    Attorneys: For plaintiff: Michael Wayne Tarleton (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Jeffery Wayne Hunt, Peter J. Skandalakis, Christopher R. Keegan (Coweta Judicial Circuit District Attorney's Office), Carrollton, for appellee.
    Case Number: S17A1757

    The trial court did not err in refusing to grant defendant's motions for mistrial during jury deliberations on the ground that notes from the jury showed that it was hopelessly deadlocked because the jury's statements did not indicate that it was deadlocked; considering the totality of the circumstances, the trial courts actions did not coerce the jurys verdicts.

  • Donaldson v. The State

    Publication Date: 2017-12-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Darrell Brinnett Reynolds, Sr. (Darrell B. Reynolds, P.C.), Decatur, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta; Elizabeth A. Baker, Tracy Graham Lawson, Elizabeth Rosenwasser Rosenwasser (Clayton County District Attorney's Office), Jonesboro, for appellee.
    Case Number: S17A1350

    Although the evidence supported defendant's convictions for felony murder and one count of firearm possession, the Supreme Court of Georgia vacated his convictions for aggravated assault and a second firearm possession count because the trial court should have merged those convictions into other counts.

  • Allen-Pieroni v. Pieroni

    Publication Date: 2017-12-25
    Practice Area: Family Law | Real Estate
    Industry:
    Court: Supreme Court
    Judge: Per Curiam
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 16-0900

    "Slander of title" consists of a "false and malicious statement made in disparagement of a person's title to property which causes special damages."

  • Anderson v. Commack Fire Dist.

    Publication Date: 2017-12-14
    Practice Area: Personal Injury
    Industry:
    Court: Supreme Court, Suffolk
    Judge: Justice Daniel Martin
    Attorneys: For plaintiff: Attorney for Plaintiff: Law Office of Daniel P. Buttafuocco, Woodbury, New York.
    for defendant: Attorney for Defendants: Siler & Ingber, LLP, Mineola, New York.
    Case Number: 12-36752

    Dismissal of Personal Injury Suit Granted Against Firefighter Personally Not Fire District

  • 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.