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  • Huynh v. The State

    Publication Date: 2021-03-01
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Nghia Huynh, (Dodge State Prison), Chester, for appellant.
    for defendant: Patsy Austin-Gatson, Daniel Porter, Angela Mattozzi, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A20A2059

    No Due Process Violation Where Aggregate Sentence Following Remand for Resentencing Did Not Exceed Original Sentence

  • Poteet v. The State

    Publication Date: 2021-01-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Richard Murray, (Attorney at Law), Dalton, for appellant.
    for defendant: Benjamin Kenemer, Herbert Poston, (Assistant District Attorney), Dalton, Geoffrey Bard, (Conasauga Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: A20A1728

    Court reverses conviction for methamphetamine possession because the evidence was insufficient to sustain a guilty verdict

  • Beyond Meat, Inc. v. Don Lee Farms, A Division of Goodman Food Products, et al.

    Publication Date: 2021-01-27
    Practice Area: Civil Appeals | Contractual Disputes
    Industry: Food and Beverage
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Sada Baby, Halsey Knapp, (Krevolin & Horst LLC), Atlanta, Christopher Yeung, (Covington & Burling LLP), New York, for appellant.
    for defendant: Alan Clarke, Michael Ross, (Taylor English Duma LLP), Atlanta, Daniel Platt, Edward Lee, (Loeb & Loeb LLP), Los Angeles, Michael King, (Greenberg Traurig, LLP), Atlanta, for appellee.
    Case Number: A20A1131

    Court vacates denial of a motion for a protective order and/or to quash a subpoena and remands case for reconsideration solely in view of the record before the trial court

  • Simpson v. The State

    Publication Date: 2021-01-07
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Margaret Bullard, (Office of the Public Defender, Atlanta Judicial Circuit), Atlanta, for appellant.
    for defendant: Paul Howard, Kevin Armstrong, (Office of the District Attorney), Atlanta, for appellee.
    Case Number: A20A1686

    Court affirms convictions for rape and other crimes over defendant's contentions of error in denying a right of self-representation and ineffective assistance of counsel

  • Crown Series, LLC et al. v. Holiday Hospitality Franchising, LLC

    Publication Date: 2020-12-15
    Practice Area: Business Torts | Contracts
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: John Koenig, (Barnes & Thornburg LLP), Atlanta, Abby Vineyard, (Attorney at Law), Atlanta, Marty Schwartz, (Schain, Banks, Kenny & Schwartz, Ltd.), Chicago, for appellant.
    for defendant: Michael Tyler, Kathryn Isted, Joe Reynolds, (Kilpatrick Townsend & Stockton LLP), Atlanta, for appellee.
    Case Number: A20A1464

    Liquidated Damages Provision of License Agreement Was Enforceable and Demonstrated a Pre-Estimate of Probable Loss

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Prescott v. The State

    Publication Date: 2020-12-08
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Shavon Prescott, (Macon State Prison), Oglethorpe, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, Paula Smith, (Assistant Attorney General), Atlanta, Paul Howard, Kevin Armstrong, Lyndsey Rudder, (Office of the Fulton County District Attorney), Atlanta, for appellee.
    Case Number: A20A1028

    Evidence Was Sufficient to Support Convictions for Aggravated Sodomy, Aggravated Assault, Battery, and Pimping

  • Anita Holdings, LLC v. Outlet Mall of Savannah, LLC

    Publication Date: 2020-12-07
    Practice Area: Landlord Tenant Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Quentin Marlin, Philip Thompson, (Ellis Painter Ratterree & Adams, LLP), Savannah, for appellant.
    for defendant: Thomas Evans, Patrick O'Connor, (Oliver Maner LLP), Savannah, for appellee. James Blackburn, (Wiseman, Blackburn & Futrell), Savannah, for Other party.
    Case Number: A20A0980

    Trial Court Must Dismiss Purported Dispossessory Action, Which Outlet Mall of Savannah Failed to Properly Initiate

  • Trejo-Valdez v. Associated Agents et al.

    Publication Date: 2020-12-03
    Practice Area: Employment Litigation | Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A20A1499

    Res Judicata Did Not Bar Workers' Compensation Claimant's Reneweed Treatment Request Following Designation of New Treating Physician

  • Cobb Hospital, Inc. d/b/a Wellstar Cobb Hospital et al. v. Georgia Department of Community Health et al.

    Publication Date: 2020-12-03
    Practice Area: Health Care Law
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Armando Basarrate, David Conley, David Darden, (Parker, Hudson, Rainer & Dobbs, LLP), Atlanta, David Conley, Robert Ingram, (Moore Ingram Johnson & Steele, LLP), Marietta, for appellant.
    for defendant: Christopher Carr, (Attorney General), Atlanta, Roxana Tatman, Daniel Walsh, Monica Sullivan, Cathelynn Tio, (Department of Law, State of Georgia), Atlanta, Forrest Pearce, (Ray and Gregory, LLC), Atlanta, Frank Berry, (Commissioner, Dept. of Community Health), Atlanta, Robert Threlkeld, Elliott Coward, (Morris Manning & Martin, LLP), Atlanta, for appellee.
    Case Number: A18A2009

    On remand from the Supreme Court over due process, the Court again denies a hospital's challenge to a certificate of need determination for a new health facility.

  • Matthews v. Mills

    Publication Date: 2020-11-30
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Scott Pfahl, (Pfahl Law), Tyrone, for appellant.
    for defendant: Gary Bunch, (Gary Bunch, P.C.), Carrollton, for appellee.
    Case Number: A20A1055

    Trial Court Did Not Err in Granting Summary Judgment on Libel and Slander Claims; Attorneys' Fees Award Sanction Is Remanded