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  • Salas v. JP Morgan Chase Bank NA

    Publication Date: 2015-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: William J. Smith Smith Law LLC, Dacula, for appellant.
    for defendant: . David M. Pernini, Dustin S. Sharpes Wargo French LLP, Atlanta, Monica K. Gilroy, and Tania T. Trumble Gilroy Bailey Trumble LLC, Alpharetta, for appellees.
    Case Number: A15A0968

    The trial court erred in granting summary judgment to the defendant bank on its counterclaim for declaratory judgment in the plaintiffs' suit seeking to stop foreclosure proceedings, because the fai

  • Barney v. State

    Publication Date: 2015-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Katherine Mason, Augusta, for appellant.
    for defendant: Samuel Altman, District Attorney, Tony May, Assistant District Attorney, Swainsboro, and Mary McKinnon, Sandersville, for appellee.
    Case Number: A15A1528

    Upon resentencing, the trial court was required to acknowledge on the record that it was aware of its discretion to suspend or probate a portion of the defendant's 20-year required sentences on his

  • Robinson v. State

    Publication Date: 2015-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Benjamin Goldberg, Mableton, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Lenny Krick, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A14A2206

    The trial court erred in permitting the State to impeach the defendant with evidence of his prior convictions under former O.C.G.A. § 24-9-84.1 without conducting the proper balancing

  • Fred Jones Enters. LLC v. Williams

    Publication Date: 2015-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Alexandra M. Dishun and Elizabeth J. Campbell Locke Lord LLP, Atlanta, for appellant.
    for defendant: Malcolm F. Bryant Jr, Paul K. Cook Bryant Cook PC, and Wilson R. Smith Smith Jenkins PC, Vidalia, for appellee.
    Case Number: A14A1877

    Although the trial court properly concluded that it was without jurisdiction to rule upon the appellant's extraordinary for new trial during the pendency of its appeal from the denial of its

  • Harris v. State

    Publication Date: 2014-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Jessica Towne Clark & Towne PC, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Samantha Routh District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A14A1118

    The child molestation defendant's trial counsel fulfilled his duty of providing the defendant with informed legal advice regarding the State's plea offer and counsel's performance was not defi

  • BDO USA LLP v. Coe

    Publication Date: 2014-10-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: James Rusert DLA Piper LLP, Paul Monnin Paul Hastings LLP, Atlanta, Raja Gaddipati, and Michael Poulos DLA Piper LLP, Chicago, Ill., for appellant.
    for defendant: . Harmon Caldwell, Harry MacDougald Caldwell & Watson LLP, Atlanta, David Deary, Jeven Sloan, W. Ralph Canada Jr., Katherine Bennett, and John McKenzie Loewinsohn Flegle Deary, Dallas, Texas, for appellees.
    Case Number: A14A1455

    To the extent O.C.G.A. § 9-9-6 subsection a controls whether a Georgia court is the appropriate forum for pursuing a motion to compel arbitration, it is not preempted by the Federal Arbitratio

  • Young v. State

    Publication Date: 2014-10-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Leon Hicks, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Frances Kuo District Attorney's Office, Jonesboro, for appellee.
    Case Number: A14A0796

    The defendant did not show that his counsel was ineffective in providing him with the requisite knowledge to make an informed and intelligent waiver of his right to a jury

  • Bettis v. State

    Publication Date: 2014-08-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Michael Brooks and Jessica Benjamin Public Defender's Office, Athens, for appellant.
    for defendant: Rebecca Wright, District Attorney, Charles Sheppard, Assistant District Attorney, and Joshua Smith District Attorney's Office, Augusta, for appellee.
    Case Number: A14A0462

    The trial court erred in summarily denying the defendant's constitutional right to self-representation without following the procedures contemplated by Faretta v. California, 422 U.S. 806 1975 and i

  • Berger v. Welsh

    Publication Date: 2014-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Matthew Horvath and John Smith Smith Horvath LLC, Atlanta, for appellant.
    for defendant: Gregory Blazer and John Robinson Robinson & Blazer LLP, Decatur, for appellee.
    Case Number: A13A1782

    Under either the Federal Arbitration Act or the Georgia Arbitration Code, the superior court erred in vacating the award of the Financial Industry Regulatory Authority arbit

  • Byrd v. State

    Publication Date: 2013-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Lynn Kleinrock, Atlanta, for appellant.
    for defendant: Daniel J. Porter and Lindsay Gardner, District Attorneys, Lawrenceville, for appellee.
    Case Number: A13A1403

    Defense counsel was ineffective in failing to object to that portion of the trial court's jury charge on aggravated assault which removed from the jury's province the issue of whether the handgun t