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  • Georgia Power Company v. Cazier et al.

    Publication Date: 2018-07-17
    Practice Area: Administrative Law | Public Utilities
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: William Middleton Droze, Robert Pursley Edwards Jr., Lindsey Bowen Mann, Roger S. Reigner Jr. (Troutman Sanders LLP), Atlanta, for appellant.
    for defendant: Roy E. Barnes, John Frank Salter Jr. (The Barnes Law Group LLC), Marietta; James Glenn Richardson (Talley, Richardson & Cable), Dallas, for appellee. Sarah Hawkins Warren, Andrew Alan Pinson (Department of Law), Atlanta, for amicus appellant.
    Case Number: S17G0706

    Petitioners were not required to exhaust any administrative remedy before proceeding with their action against power company.

  • Ventura v. The State

    Publication Date: 2018-07-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Michael Saul (Attorney at Law), Marietta, for appellant.
    for defendant: Susan Treadaway (Assistant District Attorney), Marietta; John Edwards (District Attorney's Office, Cobb Judicial Circuit), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.
    Case Number: A18A0479

    The trial court did not abuse its discretion in denying defendant's motion for new trial based on his contention that the prosecutor in his trial should have been disqualified because her husband had previously represented him in an unrelated felony case.

  • Colonial Oil Industries, Inc. v. Lynchar, Inc. d/b/a T&W Oil Company et al.

    Publication Date: 2018-07-17
    Practice Area: Contracts | Creditors' and Debtors' Rights
    Industry:
    Court: Georgia Supreme Court
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Tracy Ann O'Connell (Ellis, Painter, Ratterree & Adams, LLP), Savannah, for appellant.
    for defendant: Benjamin Wade Wallace (Brown & Adams LLC), Columbus, for appellee.
    Case Number: S17G1788

    The identification of the principal debtor by only its trade name does not render a contract of suretyship or guaranty unenforceable on its face pursuant to the Statute of Frauds.

  • Brown v. The State

    Publication Date: 2018-07-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Chadrus Brown (Smith State Prison), Glennvilee, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Marc Mallon (Senior Assistant District Attorney), Atlanta; David Getachew-Smith (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A18A0064

    "Sovereign Citizen" Defense Against Court Jurisdiction Had No Conceivable Validity

  • 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.

  • Dupree v. The State

    Publication Date: 2018-07-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Lawrence W. Daniel (Lawrence W. Daniel PC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Emily Kathleen Richardson, Brian Keith Fortner (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: S18A0268

    The evidence supported defendant's convictions for malice murder and other crimes arising out of the asphyxiation death of a 75-year-old woman.

  • Wade v. The State

    Publication Date: 2018-07-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Matthew K. Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Michael Alexander Oldham, Christopher M. Carr (Department of Law), Atlanta; Anna Green Cross, Sherry Boston, Otobong U. Ekpo (DeKalb County District Attorneys Office), Decatur, for appellee.
    Case Number: S18A0327

    Although the evidence supported defendant's convictions for murder and related offenses arising out of the beating death of his girlfriend's 18-month-old son, the Court vacated his sentence and remanded for resentencing because the trial court erred in failing to merge certain counts.

  • Clayton County Board of Tax Assessors v. Aldeasa Atlanta Joint Venture

    Publication Date: 2018-07-16
    Practice Area: Real Estate | Tax
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Benham
    Attorneys: For plaintiff: Arash Ali Sabzevari, Jack R. Hancock (Freeman Mathis & Gary LLP), Forest Park, for appellant.
    for defendant: W. Scott Wright, Alla Raykin (Eversheds Sutherland (US) LLP), Atlanta, for appellee.
    Case Number: S18A0430

    The trial court properly granted summary judgment to a private business in a dispute over taxation of retail concession space at the airport, because the contract between the City of Atlanta and the business for the lease of the space did not create a taxable interest subject to ad valorem taxation by Clayton County.

  • In The Interest of H. B. et al., Children.

    Publication Date: 2018-07-16
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Lisa Lenn (Lisa Lenn PA), Roswell, for appellant.
    for defendant: Gayle Abramson (Attorney at Law), Dallas; Christopher Carr (Attorney General), Richard Tangum (Office of the Attorney General), Atlanta; Shalen Nelson (Senior Assistant Attorney General), Atlanta, for appellee.
    Case Number: A18A0257

    Evidence Father Sexually Abused His Children Supported Juvenile Court's Dependency Order

  • In The Interest of R. P., A Child

    Publication Date: 2018-07-16
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Margaret Heap (District Attorney), Savannah; Kimberly Rowden (Assistant District Attorney), Savannah, for appellant.
    for defendant: Yolanda Bacharach (Georgia Public Defender Council), Savannah, for appellee.
    Case Number: A18A0069

    Statements to Police Made Immediately After Juvenile Waived Miranda Rights Were Made Voluntarily