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  • Boynton v. The State

    Publication Date: 2020-07-20
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Manubir Arora, (Attorney at Law), Atlanta, for appellant.
    for defendant: Benjamin Coker, (District Attorney), Thomaston, Julia Slater, (District Attorney), Columbus, Marie Broder, (Spalding County District Attorney's Office), Griffin, Robert Smith, (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.
    Case Number: A20A0578

    Requiring Defendant to Show His Tattoos to Jury Was Harmless Error

  • Phillips v. The State

    Publication Date: 2020-04-14
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: David Walker, (Office of the Appellate Defender), Macon, for appellant.
    for defendant: Jacquelyn Johnson, Thomas Buscemi, (District Attorney's Office, Brunswick Judicial Circuit), Brunswick, for appellee.
    Case Number: A19A2458

    Court Reverses Convictions Absent Evidence That Act of Indecency or Child Molestation Was Intended Motivation Behind Defendant's Attempts to Entice Victims Into Vehicle

  • 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

  • In the Interest of C. A. B. et al., children.

    Publication Date: 2018-10-23
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Patrick Calcutt, (Attorney At Law), Americus, for appellant.
    for defendant: Christopher Carr, Penny Hannah, (Assistant Attorney General), Atlanta, James Hurt, (James W. Hurt And Associates), Cordele, Shalen Nelson, (Senior Assistant Attorney General), Atlanta, for appellee. Justin Arnold, (Arnold & Hooks, LLC), Americus, Stacee Fussell, (Sowega Casa), Americus, for Other Party.
    Case Number: A18A0862

    Court Affirms Termination of Parental Rights of Abusive Mother

  • Auto-Owners Insurance Company v. Hale Haven Properties, LLC

    Publication Date: 2018-06-28
    Practice Area: Banking and Finance Laws | Civil Procedure | Contractual Disputes | Insurance Law
    Industry: Insurance | Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Rachel Sullivan, Michael Kendall (Kendall Law Group, LLC), Douglasville, for appellant.
    for defendant: Laurie Dugoniths (The Johnson Insurance Law Group, LLC), Atlanta; David Flint (Schreeder, Wheeler & Flint, LLP), Atlanta; C. Johnson (Hall Booth Smith, PC), Atlanta, for appellee. Kenneth Jones (Hall, Booth, Smith & Slover), Atlanta; Russell Britt (Attorney at Law), Atlanta; William Holley, Zachary LeVasseur (Parker Hudson Rainer & Dobbs LLP), for other party.
    Case Number: A18A0132

    Factual Issues Presented as to Whether Scrivener's Error and Parties' Oversight Warranted Reformation of Insurance Agreement

  • 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.

  • Jackson v. The State

    Publication Date: 2018-01-29
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Russell Walker (Russell K. Walker, P.C.), Perry, for appellant.
    for defendant: Marie Banks (Houston County District Attorney), Perry; George Hartwig (District Attorney Houston Judicial Circuit), Perry, for appellee.
    Case Number: A15A1855

    The indictment charging defendant with failing to register as a sex offender in violation of O.C.G.A. § 42-1-12 was fatally defective because it did not recite a sufficient portion of the statute to set out all the elements of the offense for which defendant was tried and convicted and it did not allege all the facts necessary to establish a violation of a criminal statute.

  • The State v. Peabody

    Publication Date: 2017-11-20
    Practice Area: Criminal Appeals | Government
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Lara Snow (Cherokee County D.A.'S Office), Canton; Shannon Wallace (District Attorney), Canton, for appellant.
    for defendant: David Willingham (Willingham Law Firm, P.C.), Marietta, for appellee.
    Case Number: A17A1258

    The trial court properly granted former lieutenant's motion to quash an indictment against him for two counts of aggravated cruelty to animals in connection with the hot-car death of his K-9 dog because he was acting within the scope of his official job duties when the alleged crimes occurred and he was therefore entitled to the protections afforded by O.C.G.A. § 17-7-52, including timely notice of the grand jury proceeding and a copy of the proposed indictment, but State failed to comply with those statutory mandates.

  • Clark v. Rau

    Publication Date: 2016-09-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Kathrine Clark, Savannah, proceeded pro se. John Strother, Savannah, for appellee.
    for defendant:
    Case Number: A16A0558

    The mother's pro se appeal failed to comply with the Court of Appeals' rules, and the Court thus affirmed the grant of the father's petition for modification of custody and child su

  • Garcia v. Shaw Indus. Inc.

    Publication Date: 2013-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Brent Savage, Savannah, for appellant.
    for defendant: Amy Auffant, Stanford Wilson, Porsche Leonce, and William Deveney Elarbee, Thompson, Sapp & Wilson LLP, Atlanta, for appellee.
    Case Number: A12A1667

    The plaintiff failed to show that her former employer acted out of malice when it filed an administrative fraud complaint with the Georgia State Board of Workers' Compensation alleging that she was