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February 24, 2025 | New York Law Journal

Family Court Appeal Decisions: Hidden Secrets, Rare Gems

Exceptional Family Court appeal decisions take note of foundational law that can help practitioners understand structural issues, avoid procedural stumbles, and devise sound strategies. Here, Cynthia Feathers, an appellate attorney at the Albany County Public Defender’s Office, explores several topics including

1 minute read

Brundage v. The State

Publication Date: 2025-02-24
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Presiding Justice Peterson
Attorneys: For plaintiff: Dillon McConnell, (The Office of the Appellate Defender), Atlanta, for appellant.
for defendant: Patricia Beth Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Christopher M. Carr, Mary Catherine Norman, (Department of Law), Atlanta, Deborah D. Wellborn, Sherry Boston, Jason Matthew Rea, (Dekalb County District Attorney’s Office), Decatur, for appellee.
Case Number: S24A1369

Court Reverses Felony Murder Conviction Due to Prosecutor's Misstatement of Self-Defense Law and Failure of Defendant's Trial Counsel to Object to Misstatement

Burke v. The State

Publication Date: 2025-02-24
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Justice Pinson
Attorneys: For plaintiff: David Timothy Douds, (Georgia Public Defender Council Appellate Division), Athens, for appellant.
for defendant: Patricia Beth Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Christopher M. Carr, Grace Guthrie Griffith, (Department of Law), Atlanta, Tuttle Wright Barksdale, Jeff Preston Burks, (Ocmulgee Judicial Circuit District Attorney’s Office), Madison for appellee.
Case Number: S24A1318

Court Affirms Murder Conviction, Rejecting Defendant's Confrontation Clause and Ineffective Counsel Claims

Hoffer v. Tellone

Publication Date: 2025-02-24
Practice Area: Civil Procedure | Civil Rights | Discovery | Evidence
Industry:
Court: U.S. Court of Appeals for the Second Circuit
Judge: Circuit Judge John M. Walker, Jr.
Attorneys: For plaintiff: For Plaintiff-Appellant: C. Mitchell Hendy, Mayer Brown LLP, Los Angeles, CA.
for defendant: For Defendants-Appellees: Brian D. Ginsberg, Harris Beach PLLC, White Plains, NY.
Case Number: 23-1377

'Intent to Deprive' Party of Lost Information Must Be Found Before Rule 37(e)(2) Sanctions

February 21, 2025 | Litigation Daily

Litigator of the Week Runners-Up and Shout-Outs

Runners-up this week include teams at Gibson, Dunn & Crutcher and Finnegan, Henderson, Farabow, Garrett & Dunner.

1 minute read

Appellate Division, Second Department: February 21, 2025

Publication Date: 2025-02-21
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, Second Department, Hand Down Lists
Judge: Unsigned
Attorneys: For plaintiff:
for defendant:
Case Number: DOCKET

Handdowns released on:February 18 & 19, 2025

In the Matter of Tien Ran Buddha Church

Publication Date: 2025-02-20
Practice Area: Real Estate
Industry:
Court: Supreme Court, Queens
Judge: Justice Cheree A. Buggs
Attorneys: For plaintiff:
for defendant:
Case Number: 2805/2017

Deed Not Voided as Movant Failed to Establish It was Fraudulent

Ashley v. The State

Publication Date: 2025-02-19
Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge Barnes
Attorneys: For plaintiff: Maxwell Chase, Brookhaven, for appellant.
for defendant: Herbert Franklin, Clayton Fuller, John Franklin, (Lookout Mountain Circuit District Attorney’s Office), LaFayette, for appellee.
Case Number: A24A1706

Court Affirms Convictions for Methamphetamine Possession and Trafficking Despite Defendant's Sufficiency and Other Evidentiary Challenges

Matter of Sapphire W. (Kenneth L.)

Publication Date: 2025-02-14
Practice Area: Family Law
Industry:
Court: Appellate Division, Second Department
Judge: Justice Lourdes M. Ventura
Attorneys: For plaintiff: For Petitioner-Respondent: Rebecca L. Visgaitis, Josh Liebman, and Ingrid Gustafson of counsel, Muriel Goode-Trufant, Corporation Counsel, New York, NY. For Nonparty-Appellant: David Shalleck-Klein and Orrick, Herrington & Sutcliffe LLP [Naomi J. Scotten], of counsel, Family Justice Law Center, New York, NY. Attorney for the Child: Dawne A. Mitchell and Zoe Allen of counsel, Twyla Carter, New York, NY.
for defendant: Amicus Curiae Pro Se and for Amici Curiae Neighborhood Defender Service of Harlem, Center for Family Representation, Bronx Defenders, Children's Rights, and National Association of Counsel for Children: Josh Gupta-Kagan and Neighborhood Defender Service of Harlem [Michael Weinstein] pro se of counsel, Columbia Law School-Family Defense Clinic, New York, NY. For Amicus Curiae Americans for Prosperity Foundation: Michael S. O'Reilly and John A. Basinger of counsel, Saul Ewing LLP, New York, NY. For Amici Curiae Sanctuary for Families, Day One, Empire Justice Center, Her Justice, Incendii Law, PLLC, Lawyers Committee Against Domestic Violence, Legal Momentum, New York Legal Assistance Group, and New York State Coalition Against Domestic Violence: Kartik Naram of counsel, Lara Flath, New York, NY. For Amici Curiae New York Civil Liberties Union, American Civil Liberties Union Women's Rights Project, and National Center for Youth Law: Jessica Perry, Jenna Lauter, Gabriella Larios, Molly K. Biklen, and American Civil Liberties Union Foundation [Linda S. Morris, pro hac vice, Aditi Fruitwala, pro hac vice, and Anjana Samant] of counsel, New York Civil Liberties Union Foundation, New York, NY.
Case Number: 2023-10606

Family Court Cannot Place Nonrespondent Custodial Parent Under ACS Supervision

Appellate Division, First Department: February 14, 2025

Publication Date: 2025-02-14
Practice Area: Civil Appeals | Criminal Appeals
Industry:
Court: Appellate Division, First Department, Appeals & Motions
Judge: Unsigned
Attorneys: For plaintiff:
for defendant:
Case Number: DOCKET

Appeals & Motions List released on:February 11, 2025