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  • Mulkey v. The State

    Publication Date: 2023-02-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, Jason McLendon, (McLendon Law Firm), Atlanta, for appellant.
    for defendant: Elizabeth Racine, Aimee Sobhani, (Douglas County District Attorney), Douglasville, for appellee.
    Case Number: A22A1452

    Court affirms child molestation conviction over defendant's contentions of error regarding admission of prior bad acts evidence from similar charges that were dismissed

  • Maxwell v. Johnson

    Publication Date: 2022-11-03
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Nancy Jordan, (Kessler & Solomiany), Atlanta, for appellant.
    for defendant: Henry Collins, (Attorney at Law), Newnan, Jean Kutner, (Attorney at Law), Atlanta, for appellee.
    Case Number: A22A0750

    Court reverses modification of a child custody and parenting plan because trial court erred when it found material changes in circumstances to justify the modification

  • J.P. Carey Enterprises, Inc. v. Cuentas, Inc.

    Publication Date: 2021-11-05
    Practice Area: Creditors' and Debtors' Rights
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Scott Bonder, Carson Modrall, (Fried Bonder White LLC), Atlanta, Christopher Giovinazzo, Michael Terry, (Bondurant, Mixson & Elmore, LLP), Atlanta, for appellant.
    for defendant: Franklin Brannen, Joshua Curry, Ronald Masterson, (Lewis Brisbois Bisgaard Smith LLP), Atlanta, for appellee.
    Case Number: A21A0703

    Court affirms ruling that certain provisions in a convertible note were unenforceable penalties but reverses and remands as to whether noteholder waived default provisions

  • Marshall v. The State

    Publication Date: 2021-11-04
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Micah Gates, (Georgia Public Defender Council), Dalton, for appellant.
    for defendant: Susan Franklin, Herbert Poston, (Assistant District Attorney), Dalton, for appellee.
    Case Number: A21A0948

    No Showing Made That Trial Court Abused Discretion in Giving Allen Charge

  • State v. Bowman

    Publication Date: 2021-11-01
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Donald Donovan, Anthony Williams, (Assistant District Attorney), Dallas, Matthew Rollins, (Paulding Circuit District Attorney's Office), Dallas, for appellant.
    for defendant: Keegan Gary, Hunter Rodgers, (Paulding Judicial Circuit Public Defender's Office), Dallas, for appellee.
    Case Number: A20A1873

    Court reverses grant of defendant's motion for discharge and acquittal, finding that his right to a speedy trial was not violated even though petit jury was not sworn in.

  • Johnson v. The State

    Publication Date: 2021-09-09
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Frier, (Attorney at Law), Atlanta, for appellant.
    for defendant: Fani Willis, Aslean Eaglin, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A21A1054

    Defendant Impliedly Consented to Mistrial By Failing to Object

  • Caruthers et al. v. City of Rochelle, Georgia

    Publication Date: 2021-06-15
    Practice Area: Personal Injury
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: James Ford, (James Lee Ford, P.C.), Atlanta, Mitchell McGough, (Mitchel E. McGough Law LLC), Atlanta, for appellant.
    for defendant: Sara Brochstein, Dana Maine, Kevin Stone, (Freeman Mathis & Gary, LLP), Atlanta, for appellee.
    Case Number: A21A0038

    Court affirmed jury verdict for City in a negligence and nuisance case where a decedent fell into a hole dug by City employees on private property

  • Smith v. Tibbits, Executor et al.

    Publication Date: 2021-05-20
    Practice Area: Trusts and Estates
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Charles Cork, (Attorney at Law), Decatur, Donald Defoor, (Don F. Defor, P.C.), Douglasville, for appellant.
    for defendant: Robert Carlson, Harry MacDougald, Christine Buckler, (Caldwell, Carlson, Elliott & DeLoach, LLP), Atlanta, for appellee.
    Case Number: A20A1987

    Court reverses summary judgment in favor of an estate executor when genuine issue of material fact existed as to whether certain real and other property had been transferred

  • River Place At Port Royal Condominium Association, Inc. v. Sapp

    Publication Date: 2021-04-01
    Practice Area: Premises Liability
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Victor Hawk, (Attorney at Law), Augusta, Reid Sanders, (Victor Hawk), Augusta, for appellant.
    for defendant: J. Padgett, Joseph Rahimi, Haley Allen, (Rahimi Hughes & Padgett LLC), Savannah, for appellee.
    Case Number: A20A1923

    Court determine that premises owner was entitled to summary judgment on injured party's premises liability claim due to lack of superior knowledge of a hazard

  • Terry v. The State

    Publication Date: 2021-03-02
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Jerry Chappell, (Solo Practicioner), Roswell, for appellant.
    for defendant: Clifford Bowden, Jennifer Hart, (Assistant District Attorney), Tifton, Bryce Johnson, (Solicitor General), Sylvester, for appellee.
    Case Number: A20A1627

    Court reverses conviction for Controlled Substance Act violation because trial court erred in denying defendant's motion to suppress evidence seized in a traffic stop