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  • Daniels v. The State

    Publication Date: 2018-01-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Christopher Daniels (Coffee Correctional Facility), Nicholls, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A17A2099

    The sentences the trial court imposed following defendant's negotiated guilty plea to 10 counts of statutory rape and seven counts of child molestation were illegal and void because they did not include split sentences and imposed probation-only sentences for two of the statutory rape offenses; accordingly, the Court vacated and remanded for resentencing.

  • The State v. Council

    Publication Date: 2017-11-22
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A1218

    The trial court erred in granting defendant's motion in limine to suppress the results of two breath tests obtained after her arrest for driving under the influence because, under the totality of the circumstances, the officer did not coerce or compel defendant to undergo the breath tests.

  • Benson et al. v. Ward

    Publication Date: 2017-11-21
    Practice Area: Legal Malpractice
    Industry: Legal Services
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A0661

    The trial court erred in denying attorney's motion for summary judgment in former client's legal malpractice action because former client could not show that attorney's actions were the proximate cause of damages to the client.

  • Auto-Owners Insurance Company v. Tracy

    Publication Date: 2017-11-21
    Practice Area: Contracts | Insurance Law
    Industry: Insurance
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: N/a
    for defendant: N/a
    Case Number: A17A1318

    The trial court erred in denying insurer's motion to dismiss plaintiff's breach of contract action because plaintiff lacked privity of contract with insurer and had not obtained a monetary judgment against its insured; plaintiff thus could not maintain a direct action against insurer.

  • Alford et al. v. Hernandez et al.

    Publication Date: 2017-11-13
    Practice Area: Education Law | Immigration Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Josiah Heidt (Georgia Department of Law, Office of the Attorney General), Atlanta; Christopher Carr (Attorney General), Atlanta; Annette Cowart (Georgia Department of Law), Atlanta; Russell Willard (Attorney at Law), Atlanta, for appellant.
    for defendant: Charles Kuck (Kuck Immigration Partners LLC), Atlanta, for appellee.
    Case Number: A17A1124

    The trial court erred in granting summary judgment to Deferred Action for Childhood Arrivals recipients in their mandamus action seeking to compel state universities to deem them eligible for in-state tuition benefits while they were enrolled in Georgias public universities and colleges.

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    Bucks County Court Rules 2023

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  • Robert H. McNair, As Co-Executor of The Estate of W. O. McNair v. Richard

    Publication Date: 2017-10-18
    Practice Area: Attorney Compensation | Trusts and Estates
    Industry:
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Stuart Walker, Amy Fletcher (Martin Snow, LLP), Macon, for appellant.
    for defendant: Cheryle Bryan (Attorney at Law), Ashburn; William Gregory (Attorney at Law), Vienna; Dustin Land (Bryan and Land, LLC), Ashburn, for appellee.
    Case Number: A17A0961

    The trial court erred in awarding attorney fees to appellant in a will contest because the superior court made several findings of fact based on conduct that occurred while the case was under the jurisdiction of the probate court, prior to the appeal of the probate court's order to the superior court, and there was nothing in the record to show that motions appellant's counsel filed lacked merit or were frivolous and no evidence to support a finding that appellant conducted himself improperly in the superior court, unnecessarily expan

  • Whatley v. The State

    Publication Date: 2017-10-10
    Practice Area: Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Genevieve Holmes (Appellate Division – GPDC), Atlanta, for appellant.
    for defendant: Joshua Morrison (Fulton County DA's Office), Atlanta; Paul Howard (District Attorney), Atlanta, for appellee.
    Case Number: A17A0940

    The evidence supported defendant's convictions for kidnapping, aggravated assault, two counts of robbery and two counts of false imprisonment and defendant failed to prove his several ineffective assistance of counsel claims.

  • Autozone, Inc. et al. v. Mesa

    Publication Date: 2017-09-27
    Practice Area: Attorney Compensation
    Industry:
    Court: Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Thomas Beauchamp (McAngus Goudelock & Courie LLC), Atlanta, for appellant.
    for defendant: Paul Balducci (Attorney at Law), Augusta, for appellee.
    Case Number: A17A1294

    The superior court exceeded its authority when it substituted itself as the factfinder in lieu of an administrative law judge and the State Board of Workers' Compensation and reversed the Board's ruling, which denied certain benefits to the claimant.