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  • Stewart v. The State

    Publication Date: 2021-11-23
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Pinson
    Attorneys: For plaintiff: Tyler Carey, (Frost & Carey, LLC.), Covington, for appellant.
    for defendant: Randal McGinley, (Newton County District Attorney’s Office), Covington, Tara Latimer, (Walton County DA’s Office), Monroe, for appellee.
    Case Number: A21A0972

    Trial Court Failed to Ensure Defendant's Waiver of Right to Counsel Was Knowing and Voluntary

  • Ramirez-Ortiz v. The State

    Publication Date: 2021-11-19
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Frances Kuo, Atlanta, for appellant.
    for defendant: Patsy Austin-Gatson, Nigel Lush, Christopher DeNeve, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A21A0982

    Other-Acts Evidence Properly Admitted at Trial to Show Accused Child-Molester's Intent and Propensity to Act

  • American Civil Liberties Union, Inc. v. Zeh

    Publication Date: 2021-11-11
    Practice Area: Constitutional Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Chief Justice Nahmias
    Attorneys: For plaintiff: John P. Batson, (The Law Office of John P. Batson), Augusta, Leslie K. Eason, Tiffany N. Taylor, (Gordon Rees Scully Mansukhani, LLP), Atlanta, Sean Jengwei Young, Brian Matthew Hauss, Andres M. Lopez-Delgado, (American Civil Liberties Union Foundation Of Georgia, Inc.), Atlanta, for appellant.
    for defendant: Brent J. Savage, Kathryn Hughes Pinckney, (Savage Turner Pinckney & Savage), Savannah, for appellee; David E. Hudson, (Hull Barrett, PC), Augusta, for Other Party; Clare Rivka Norins, (First Amendment Clinic), Athens, Joshua Barrett Belinfante, (Robbins Ross Alloy Belinfante Littlefield LLC), Atlanta, for Amicus Appellant.
    Case Number: S20G1473

    Actual Malice Standard Applies to Public Official, Who Fails to Show in Defamation Claim That ACLU Disbelieved Truth of Disputed Statements in Blog Post

  • Pass v. The State

    Publication Date: 2021-11-05
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Jeremiah Roberts, (Georgia Public Defender Council), Athens, for appellant.
    for defendant: Deborah Gonzalez, Kenneth Mauldin, Landon Fogle, (Western Judicial Circuit District Attorney’s Office), Athens, for appellee.
    Case Number: A21A0756

    Trial Counsel's Failure to Obtain Client's Consent Before Conceding Guilt to Lesser Charges Was Not Structural Error

  • Hughs v. The State

    Publication Date: 2021-11-01
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Colvin
    Attorneys: For plaintiff: Lyndsey Alaine Hix, (Augusta Judicial Circuit Public Defender's Office), Augusta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Meghan Hobbs Hill, (Department of Law), Atlanta, Joshua Bradley Smith, Jared Tolton Williams, (Augusta Judicial Circuit District Attorney's Office), Augusta, for appellee.
    Case Number: S21A0970

    Trial Counsel's Failure to Present Competing Medical Expert Testimony on Cause of Death Was Not Unreasonable Tactical Decision

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    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • State v. Bowman

    Publication Date: 2021-11-01
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Dillard
    Attorneys: For plaintiff: Donald Donovan, Anthony Williams, (Assistant District Attorney), Dallas, Matthew Rollins, (Paulding Circuit District Attorney's Office), Dallas, for appellant.
    for defendant: Keegan Gary, Hunter Rodgers, (Paulding Judicial Circuit Public Defender's Office), Dallas, for appellee.
    Case Number: A20A1873

    Court reverses grant of defendant's motion for discharge and acquittal, finding that his right to a speedy trial was not violated even though petit jury was not sworn in.

  • Department of Transportation v. Mixon

    Publication Date: 2021-10-28
    Practice Area: Constitutional Law | Government | Real Estate
    Industry: State and Local Government
    Court: Georgia Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Christopher M. Carr, Loretta L. Pinkston-Pope, Kathleen S. Turnipseed, Angela Ellen Cusimano, (Department of Law), Atlanta, Kathleen M. Pacious, (Office of the Attorney General), Atlanta, for appellant.
    for defendant: Douglas Lamar Gibson, (Gibson & Associates, PC), Waycross, for appellee.
    Case Number: S20G1410

    Sovereign Immunity Did Not Bar Landowner's Claim for Injunctive Relief Based on Alleged Flooding Following Road-Widening Project

  • Emmons, Warden v. Bryant

    Publication Date: 2021-10-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice LaGrua
    Attorneys: For plaintiff: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien, Meghan Hobbs Hill, (Department of Law), Atlanta, for appellant.
    for defendant: Brian Kammer, (Mercer Law School), Macon, for appellee.
    Case Number: S21A0532

    Habeas Court Erred in Finding Ineffective Assistance of Appellate Counsel

  • Washington v. The State

    Publication Date: 2021-10-18
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice McMillian
    Attorneys: For plaintiff: Christina Michelle Kempter, (Kempter Law Group, LLC), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Mark Samuel Lindemann, (Department of Law), Atlanta, Christopher M. Carr, (Office of the Attorne General), Atlanta, Fani T. Willis, Lyndsey Hurst Rudder, Burke Olivia Doherty, Juliana Sleeper, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S21A0829

    Defendant Not Prejudiced by Trial Counsel's Failure to Object to SurveillanceVideos and Police Opinion Testimony

  • Mahdi v. The State

    Publication Date: 2021-10-15
    Practice Area: Constitutional Law | Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Ellington
    Attorneys: For plaintiff: Mustafa Mahdi, (Rutledge State Prison), Columbus, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Ashleigh Dene Headrick, (Department of Law), Atlanta, Christopher M. Carr, (Office of the Attorney General), Atlanta, Elizabeth A. Baker, (Fayette County District Attorney's Office), Fayetteville, Daniel A. Hiatt, (Griffin Judicial Circuit District Attorney's Office), Fayetteville, Marie Greene Broder, (Griffin Judicial Circuit District Attorney's Office), Thomaston, for appellee.
    Case Number: S21A0740

    Failure to Raise Attorney Ineffectiveness Claim in Motion For New Trial Precluded Raising Issue on Direct Appeal