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  • McKie v. The State

    Publication Date: 2018-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Gerard Kleinrock (Attorney at Law), Decatur, for appellant.
    for defendant: Sherry Boston (DeKalb County District Attorney), Decatur; Deborah Wellborn (Assistant District Attorney), Decatur, for appellee.
    Case Number: A17A1443

    Trial Counsel's Unequivocal Admission During Closing Argument Establised Defendant Had Prior Felony Conviction

  • Harris v. The State

    Publication Date: 2018-04-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Edwin Wilson (Attorney at Law), Snellville, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Lee Tittsworth (Gwinnett Circuit District Attorney's Office), Lawrenceville, for appellee.
    Case Number: A18A0513

    Defendant failed to prove his ineffective assistance of counsel claims following his convictions for criminal attempt to commit armed robbery, entering an auto with intent to commit theft and three counts of armed robbery.

  • Nations v. The State

    Publication Date: 2018-04-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Lawrence Daniel (Attorney at Law), Atlanta, for appellant.
    for defendant: Brian Fortner (Douglas County District Attorney), Douglasville; Samantha Newman (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A17A1444

    Circumstantial Evidence as to Location and Prior Crimes Supported Burglary Convictions

  • Group Resources, Inc. v. City Of Waycross et al.

    Publication Date: 2018-04-20
    Practice Area: Contractual Disputes
    Industry: Consulting | State and Local Government
    Court: Georgia Court of Appeals
    Judge: Judge Bethel
    Attorneys: For plaintiff: Eric Nathan (Attorney at Law), Atlanta; Devin Phillips (Weener & Nathan LLP), Atlanta, for appellant.
    for defendant: Charles Dorminy, William Mann (Hall Booth Smith, P.C.), Brunswick, for appellee.
    Case Number: A17A1699

    Group Resources, Inc. v. City of Waycross

  • Nissan North America, Inc. v. Walker-Jones Nissan, LLC

    Publication Date: 2018-04-19
    Practice Area: Contracts
    Industry: Automotive
    Court: Georgia Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Tracy Brown (Attorney at Law), Jesup; Samuel Hutto, Christopher Genovese (Nelson Mullins Riley & Scarborough LLP), Columbia, for appellant.
    for defendant: David Conner, Robert Kutchey (The Conner Law Group, PC.), Savannah; Daniel Snipes (Taulbee, Rushing, Snipes, Marsh & Hodgin, LLC), Statesboro, for appellee. Ronald Thomas (Thomas & Settle), Waycross; Graham Floyd (Attorney at Law), Baxley, for other party.
    Case Number: A17A2018

    The trial court erred in granting an interlocutory injunction in connection with a proposed sale of a car dealership, as the trial court erred in finding that petitioner was likely to succeed on the merits of its claims and that petitioner would suffer irreparable injury absent injunctive relief.

  • Ray v. State

    Publication Date: 2018-04-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Amanda Speights, Benjamin Huntington (Speights Law PC), Canton; Scott Poole (Grisham & Poole, PC), Canton, for appellant.
    for defendant: Cliff Head (Assistant District Attorney Blue Ridge Judicial Circuit), Canton; Shannon Wallace (District Attorney), Canton, for appellee.
    Case Number: A18A0333

    The Court vacated the denial of defendant's motion for new trial following his convictions for rape and two counts of sexual battery and remanded for further proceedings to determine if he was entitled to a new trial based on ineffective assistance of counsel and the exclusion of certain evidence.

  • Georgia Casualty & Surety Company v. Valley Wood, Inc.

    Publication Date: 2018-04-19
    Practice Area: Civil Procedure | Insurance Litigation
    Industry: Insurance | Manufacturing
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Jerry Buchanan, Shannon Land (Buchanan & Land, LLP), Columbus; Patrick Fagan, Naveen Ramachandrappa, Frank Lowrey (Bondurant, Mixson & Elmore LLP), Atlanta, for appellant.
    for defendant: Neal Callahan, David Helmick, Clarence Mullin (Waldrep, Mullin & Callahan), Columbus, for appellee.
    Case Number: A17A2093

    In an insurance coverage case, the trial court exceeded its authority under the Declaratory Judgment Act by issuing a coercive declaratory judgment so the Court of Appeals vacated the order and remanded the case with direction.

  • Ramirez v. The State

    Publication Date: 2018-04-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Grant
    Attorneys: For plaintiff: Micah Jay Gates (Office of the Public Defender for the Conasuaga Judicial Circuit), Dalton, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Herbert McIntosh Poston Jr. (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: S17A1662

    The trial court did not abuse its discretion in excluding evidence of other incidents of criminal activity at a bar where defendant shot two security guards.

  • Wimbush v. The State

    Publication Date: 2018-04-19
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Therian Wimbush, Hawkinsville, for appellant.
    for defendant: Dan Mayfield (District Attorney's Office), Lawrenceville; Daniel Porter (District Attorney), Lawrenceville, for appellee.
    Case Number: A17A2056

    The evidence sufficiently supported defendant's convictions for three counts of cruelty to children in the second degree after she locked one child in a closet in a basement for nearly two years and failed to seek medical care for a second child who had a cancerous tumor.

  • The State v. Stroud

    Publication Date: 2018-04-18
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A17A1851

    The trial court properly granted defendant's motion in limine to suppress evidence of his refusal to submit to a state-administered chemical test of his blood, breath, or urine in his trial for DUI-less safe and failure to maintain lane, as the arresting officer's error in misreading the implied consent notice substantively changed the meaning of the notice and misled defendant as to a serious consequence of refusing to submit to testing thus depriving defendant of making an informed decision about whether to consent to the testing.