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  • Brock v. The State

    Publication Date: 2020-03-26
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Dustin Land, (Bryan and Land, LLC), Ashburn, for appellant.
    for defendant: Christian Brown, Bradford Rigby, (District Attorney's Office of the Cordele Judicial), Cordele, for appellee.
    Case Number: A19A2037

    Prosecution Had Duty to Ensure Trial Transcript Was Created and Preserved Following Felony Conviction of Non-Indigent Defendant

  • Showers v. The State

    Publication Date: 2020-03-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Cara Clark, (GPDC Appellate Division), Atlanta, for appellant.
    for defendant: Lenny Krick, (Assistant District Attorney-Stone Mountain Judicial Circuit), Decatur, Sherry Boston, (Dekalb County District Attorney), Decatur, appellee.
    Case Number: A19A1945

    Partially Completed House Was Dwelling For Purposes of Burglary Statute

  • Matos-Bautista v. The State

    Publication Date: 2020-03-19
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Richard Armond, (The Armond Firm, LLC), Lawrenceville, for appellant.
    for defendant: Nigel Lush, Daniel Porter, (Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.
    Case Number: A19A2134

    Trial Court's Erroneous Jury Instruction on Deliberate Ignorance Was Harmless; Appeals Court Affirms Heroin Trafficking Conviction

  • Mobley v. The State

    Publication Date: 2020-03-17
    Practice Area: Constitutional Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Brandon Bullard, (Office of the Appellate Defender), Atlanta, Holly Veal, (The Veal Law Firm, P.C.), McDonough, for appellant.
    for defendant: Darius Pattillo, Sharon Hopkins, Atha Pryor, (Henry County District Attorney's Office), McDonough, for appellee.
    Case Number: A18A0500

    Court reverses vehicular homicide convictions due to violations of defendant's Fourth Amendment protections against unreasonable searches and seizures

  • Watkins v. The State

    Publication Date: 2020-03-09
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Mitchell Durham, (Attorney at Law), Marietta, for appellant.
    for defendant: John Edwards, John Melvin, (District Attorney's Office, Cobb Judicial Circuit), Marietta, for appellee.
    Case Number: A19A2462

    Felony Possession Conviction Reversed; Trial Court Improperly Admitted Evidence of a Prior Act Involving Family Violence Battery

  • 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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  • Parker v. The State

    Publication Date: 2020-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Thomas Florio, (Thomas M. Florio, P.C.), Jonesboro, for appellant.
    for defendant: John Fowler, Elizabeth Rosenwasser, (Clayton County District Attorney's Office), Jonesboro, Tasha Mosley, Charles Brooks, (Harold R. Banke Justice Center), Jonesboro, Tracy Lawson, (District Attorney), Jonesboro, for appellee.
    Case Number: A19A2312

    Court affirms aggravated assault and robbery convictions over defendant's challenges to sufficiency of evidence, and contentions of trial court error

  • Collins v. The State

    Publication Date: 2020-02-05
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Juwayn Haddad, (Haddad Law Group), Tucker, appellant.
    for defendant: Paul Howard, (District Attorney), Atlanta, Lyndsey Rudder, (Office of the Fulton County District Attorney), Atlanta, for appellee.
    Case Number: A19A2216

    Defendant Was Not Prejudiced by Trial Court's Dismissal of Absent, Then Late, Juror

  • Seay et al. v. Valdosta Kidney Clinic, LLC et al.

    Publication Date: 2020-01-23
    Practice Area: Civil Procedure | Wrongful Death
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Steven Beard, (Steven L. Beard, PC), Atlanta, Charles Cork, (Attorney at Law), Decatur, Robert Howell, (Attorney at Law), Moultrie, for appellant.
    for defendant: Alphonso Howell, Gregory Talley, (Coleman Talley LLP), Valdosta, Andrew Wilkes, Irving Drought, (Oliver Maner LLP), Savannah, for appellee.
    Case Number: A19A1992

    Plaintiff can be added to a wrongful death claim after expiration of statute of limitations when that plaintiff's claim relates back to the original complaint

  • Merritt v. The State

    Publication Date: 2020-01-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Juwayn Haddad, (Haddad Law Group), Tucker, for appellant.
    for defendant: Daniel Porter, Lee Tittsworth, Daniel Sanmiguel, (Gwinnett Judicial Circuit District Attorney's Office Office of the District Attorney), Lawrenceville, for appellee.
    Case Number: A19A2360

    Victim's Flight Before Car Was Taken Does Not Undermine Armed Robbery Conviction Since Defendant Forcibly Caused Victim to Flee

  • Ingram et al. v. State Farm Mutual Automobile Insurance Company et al.

    Publication Date: 2020-01-03
    Practice Area: Damages | Litigation
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Neil Monroe, (N. Matthew Monroe, P.C.), Valdosta, for appellant.
    for defendant: Carroll Sanders, (Lotane & Associates), Cocoa, John Spurlin, (Spurlin & McCorvey), Tifton, for appellee.
    Case Number: A19A1744

    Court vacates final judgment on damages in a subrogation matter where trial court failed to hold a jury trial on those damages