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  • Pitts v. The State

    Publication Date: 2020-11-30
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Sean Black, (Black Law Offices), Toccoa, for appellant.
    for defendant: Anna Guardino, William Langley, (Enotah Circuit District Attorney's Office), Blairsville, for appellee.
    Case Number: A20A1565

    Court affirms trial court order that reduced a sentence of probation over contentions that the sentence should have been dismissed as fully completed

  • Weaver v. The State

    Publication Date: 2019-08-23
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Ivars Lacis, Peachtree City, for appellant.
    for defendant: Benjamin Coker, (District Attorney), Thomaston, Elizabeth Kendrick, (Griffin Circuit Superior Court), Griffin, for appellee.
    Case Number: A19A0016

    Court affirms aggravated battery and other convictions in a child cruelty case

  • McKenney's Inc. et al. v. Sinyard

    Publication Date: 2019-06-27
    Practice Area: Personal Injury
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jennifer Chapin, (Savell & Williams, L.L.P.), Atlanta, for appellant.
    for defendant: Robert Buck, Juliana Sleeper, (Buck Law Firm), Atlanta, Carrie Christie, (Rutherford & Christie LLP), Atlanta, Robert Burke, (Kalka & Baer), Atlanta, for appellee.
    Case Number: A19A0204

    Claims in a workers' compensation case were contradicted by allegations in a prior lawsuit

  • Love v. The State

    Publication Date: 2019-04-29
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Howard Anderson, (Law Office of Howard W. Anderson, III, LLC), Pendleton, for appellant.
    for defendant: Patrician Burton, Christopher Carr, (Attorney at Law), Atlanta, William Clark, (Enotah Judicial Circuit District Attorney), Cleveland, William Langley, (District Attorney), Blairsville, Paula Smith, (Assistant Attorney General), Atlanta, for appellee.
    Case Number: A18A1818

    Court denies defendant's enumerations of error and affirms his rape conviction

  • Allen v. The State

    Publication Date: 2018-05-22
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Viveca Famber (Attorney at Law), Austell, for appellant.
    for defendant: Tracy Lawson (District Attorney), Jonesboro; Elizabeth Rosenwasser (Clayton County District Attorney), Jonesboro, for appellee.
    Case Number: A18A0480

    Trial Court Did Not Wrongfully Permit Deputy to Admonish Deputy to Stop Crying During Trial

  • Murray v. Community Health Systems Professional Corp. et al.

    Publication Date: 2018-04-17
    Practice Area: Civil Procedure | Employment Litigation
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: John Brown (Attorney at Law), Augusta, for appellant.
    for defendant: Thomas Cathey, George Hall (Hull Barrett PC), Augusta; Richard Sheinis (Hall Booth Smith P.C.), Charlotte; Sean Cox (Attorney at Law), Atlanta, for appellee.
    Case Number: A17A2112

    The trial court properly granted summary judgment to defendants on plaintiff's retaliation claim because she failed to establish a prima facie case of retaliation but partially erred in granting defendants' motion for summary judgment on plaintiff's defamation claims, as a genuine issue of material fact remained with respect to one of the claims.

  • The State v. Herman

    Publication Date: 2018-02-15
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Joseph Black (Assistant District Attorney), Statesboro; Richard Mallard (District Attorney), Statesboro, for appellant.
    for defendant: Renata Newbill-Jallow (Public Defender Ogeechee Judicial Circuit), Statesboro, for appellee.
    Case Number: A17A1978

    The trial court erred in granting defendant's motion to suppress evidence obtained during a traffic stop because the open-air dog sniff did not unconstitutionally prolong the stop since an officer was still in the process of running a check of the driver's license, which is part of the mission of a traffic stop.

  • Cash et al. v. LG Electronics, Inc. et al.

    Publication Date: 2017-09-27
    Practice Area: Expert Witnesses | Toxic Torts
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Eric Brock (Clore Law Group LLC), Charleston; Peter Scholle (Scholle Law), Duluth; David Sleppy (Cathey & Strain LLC), Cornelia; Omar Chawdhary, Jason Webster (Attorney at Law), Houston; Samuel Allen (Attorney at Law), Charleston, for appellant.
    for defendant: Edward Bresee, Arthur Park (Mozley Finlayson & Loggins LLP), Atlanta; Ayesha Khan, John Moss (Potomac Law Group), Washington, for appellee.
    Case Number: A17A0878

    The trial court did not abuse its discretion in excluding plaintiff's expert's testimony after concluding that the expert's methodology was unreliable under Daubert v. Merrell Dow Pharmaceuticals Inc., 509 U. S. 579 (1993), as the analytical gap between the data and the expert's opinion was too remote, and consequently, the trial court did not err in granting summary judgment to defendant based on the absence of any evidence of causation.

  • George v. Hercules Real Estate Servs. Inc.

    Publication Date: 2017-01-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Andrew Rogers, William D'Antignac, Gilbert Deitch Deitch Rogers LLC, Kara Phillips Lewis Brisbois Bisgaard Smith LLP, Atlanta, and David Glass, Marietta, for appellant.
    for defendant: James Myers, Brynda Insley Insley Race LLC, and Gregory Shin Nowell Sparks LLC, Atlanta, for appellee.
    Case Number: A16A1090

    The trial court properly granted summary judgment to apartment management company in plaintiff's premises liability suit arising after unknown assailants shot him during a home invasion, as there wa

  • Richards v. Horton Inc.

    Publication Date: 2013-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge:
    Attorneys: For plaintiff: Mark Richards, Conyers, for appellant.
    for defendant: Trevor Hiestand, Ashley Rice Waldon Adelman Castilla Hiestand & Prout, Jerald Hanks Hanks Brookes LLC, Jason Darneille Crim & Bassler LLP, Thomas Sippel, Jatrean Sanders Leitner, Williams, Dooley & Napolitan PLLC, Philip Savrin Freeman Mathis & Gary, William Harrison, Barry Noeltner, Atlanta, Charles Willcox Moore, Clarke, Duvall & Rodgers, Albany, and Craig Allen, Chattanooga, Tenn., for appellees.
    Case Number: A12A1814

    The plaintiff had standing to pursue his claims against a homebuilder for alleged defective construction of his home under 11 U.S.C. § 554 c, since those claims were abandoned back to him when his b