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  • Stewart v. State

    Publication Date: 2014-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Jennifer Trieshmann Public Defender's Office, Carrollton, for appellant.
    for defendant: Peter Skandalakis, District Attorney, Newnan, and Timothy Marlow District Attorney's Office, Carrollton, for appellee.
    Case Number: A14A0337

    Affirmative evidence showing that others had equal access to the room where officers found drugs rebutted, as a matter of law, any presumption of possession arising from the fact that the defendant

  • Atlanta Emergency Servs. LLC v. Clark

    Publication Date: 2014-07-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Kathleen Simcoe and Theodore Pound Commander Pound Butler LLP, Atlanta, for appellant.
    for defendant: Joseph Maguire and Allan Parks Parks, Chesin & Walbert PC, Atlanta, for appellee.
    Case Number: A14A0469

    The trial court properly found that the termination provision in the parties' written agreement was ambiguous and that the evidence supported the jury's conclusion that the defendant-hospital's imme

  • Sullivan v. State

    Publication Date: 2014-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Sharon Hopkins, Duluth, for appellant.
    for defendant: Penny Penn, District Attorney, and Jennifer Scalia, Assistant District Attorney, Cumming, for appellee.
    Case Number: A14A0531

    The evidence supported the defendant's convictions as a party to the crime of influencing a witness by unlawfully offering the victim, through a middleman, $10K with the intent to deter her from tes

  • Mercure v. City of Atlanta

    Publication Date: 2014-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Mary Huber, Decatur, for appellant.
    for defendant: Amber Robinson and Christopher Walker City of Atlanta Department of Law, Atlanta, for appellee.
    Case Number: A14A0501

    The City of Atlanta Civil Service Board did not err in upholding a 20-day unpaid suspension against an APD officer for violating work rules prohibiting the use of unreasonable force and certain non-

  • Boatright v. State

    Publication Date: 2014-07-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Amy Ihrig Public Defender's Office, Savannah, for appellant.
    for defendant: Margaret Heap, District Attorney, and Christine Barker, Assistant District Attorney, Savannah, for appellee.
    Case Number: A14A0068

    Because police officers did not have probable cause to take the defendant into custody, the defendant was entitled to resist a

  • Law Journal Press | Digital Book

    New Jersey Medical Malpractice Law 2024

    Authors: Jonathan H. Lomurro, Gary L. Riveles, Abbott S. Brown

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  • McNair v. State

    Publication Date: 2014-04-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Michael McCarthy, Public Defender, Amanda McCoy, George Sparks, Assistant Public Defenders, and Dustin Strobel Public Defender's Office, Dalton, for appellant.
    for defendant: Herbert Poston, District Attorney, Susan Franklin, Assistant District Attorney, George Souther District Attorney's Office, and Kermit McManus, Dalton, for appellee.
    Case Number: A12A0066

    The defendant was entitled to the rule of lenity since his conduct as charged subjected him to prosecution under both O.C.G.A. § 16-9-31 a 1 financial transaction card theft and O.C.G.A. § 16-9-121

  • Target Corp. v. Kennon Amerson

    Publication Date: 2014-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1737; A13A1738

    The trial court erred in denying the defendants' motions for directed verdict on the plaintiff's fraudulent conveyance claim, as the plaintiff did not establish any "badges of fraud" pursuant to O.C

  • Miller Cnty. Bd. of Educ. v. McIntosh

    Publication Date: 2014-04-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Charles Peeler Flynn Peeler & Phillips LLC, Albany, for appellant.
    for defendant: Howard Stiller, Albany, for appellee.
    Case Number: A13A2480

    The plaintiff did not fail to exhaust his administrative remedies in his suit against a county board of education for breach of contract arising from his termination of employment as superinte

  • Beringer v. Emory

    Publication Date: 2014-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Quoc Van, Sanford, Fla., for appellant.
    for defendant: Stephen Worrall, Marietta, for appellee.
    Case Number: A13A2077

    The trial court improperly denied the appellant a copy of a contempt-hearing transcript, since the order confirmed that the appellant refused to participate in takedown costs for preparing the trans

  • Davis v. State

    Publication Date: 2014-03-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Stephen Scarborough, Atlanta, for appellant.
    for defendant: Timothy Vaughn, District Attorney, Eastman, for appellee.
    Case Number: A13A1660

    The defendant's conviction for theft by taking was reversed, as the State failed to establish venue, since there was no evidence presented that the defendant exercised control over, spent or disburs