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  • McGouirk v. The State

    Publication Date: 2018-07-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Allen Rust Knox (Towaliga Judicial Circuit Public Defenders Office), Forsyth, for appellant.
    for defendant: Jonathan Lang Adams, Anita Reynolds Howard, Richard G. Milam, Cynthia Trimboli Adams (Towaliga Judicial Circuit District Attorney's Office), Barnesville; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta, for appellee.
    Case Number: S18A0130

    The trial court erred in automatically detaining defendant pursuant to O.C.G.A. § 17-7-130 (c) solely based on the fact that he was a mentally incompetent individual who had been accused of committing violent crimes without exercising its discretion to make "an individualized determination of whether his confinement reasonably advanced the government's purpose.

  • City Of Union Point v. Greene County et al.

    Publication Date: 2018-04-25
    Practice Area: Constitutional Law | Government | Public Utilities
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Andrew Jackson Welch III, Warren Michael Tillery, Brandon Filson Palmer, (Smith, Welch, Webb & White, LLC), McDonough; M. Joseph Reitman Jr. (Smith, Welch, Webb & White, LLC), Madison, for appellant.
    for defendant: Christopher J. Hamilton, Kenneth Paul Robin, Angela Edwards Davis (Jarrard & Davis LLP), Cumming, for appellee. Barry Abbott Fleming, Frank Adam Nelson (Fleming & Nelson LLP), Evans; Edward Fowler Preston, Timothy Marzine Tanner, George T. Talley (Coleman Talley LLP), Valdosta; Sarah L. Crile, Christopher M. Carr, William Wright Banks Jr., Julie Adams Jacobs (Department of Law), for amicus appellant. Walter Gus Elliott II, James L. Elliott, William Gus Elliott II (Elliott Blackburn & Gooding PC), Valdosta; Rusi Chandrashkhar Patel (Georgia Municipal Association, Inc), Atlanta, for amicus appellee.
    Case Number: S17A1878

    The Court partially affirmed, partially reversed, and partially vacated the trial court's order in a dispute between a County and a City over who should pay for public services under the Service Delivery Strategy Act.

  • Taylor v. The State

    Publication Date: 2018-04-13
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Christina Rupp Cribbs, Jacob Dennis Rhein (Georgia Public Defender Council - Appellate Division), Atlanta; Russell Robert Jones (Office of the Public Defender), Springfield, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Ashleigh Dene Headrick (Department of Law), Atlanta; Joshua Bradley Smith, Natalie Spires Paine, Rebecca Ashley Wright (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.
    Case Number: S17A1627

    The trial court did not err in admitting certain evidence in defendant's trial for the murder of an elderly disabled man for whom defendant provided live-in care.

  • The Mayor and Aldermen of Garden City v. Harris et al.

    Publication Date: 2018-02-23
    Practice Area: Personal Injury | Premises Liability
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Patrick T. O'Connor, David William Bobo Mullens, III, James Philip Gerard (Oliver Maner LLP), Savannah, for appellant.
    for defendant: Christopher Dorian Britt (Karsman, McKenzie & Hart), Savannah, for appellee.
    Case Number: S17G0692

    City was entitled to summary judgment in plaintiffs' suit to recover for injuries their daughter suffered at a City-owned and maintained football stadium because the Recreational Property Act provided immunity to City since the injured party was allowed to use City's property for recreational purposes free of charge.

  • Lockamy v. Lockamy

    Publication Date: 2017-10-02
    Practice Area: Family Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Garnett Harrison, Jacqueline NiCole Fortier (Garnett Harrison PC), Kingsland, for appellant.
    for defendant: Richard Allen Sanders, Jr. (Andrews & Sanders Law Offices), Savannah, for appellee.
    Case Number: S17A0966

    The trial court erred in granting wife's motion to reform a divorce decree because she untimely filed the motion more than six years after the entry of the judgment.