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  • Blach v. Diaz-Verson

    Publication Date: 2018-03-06
    Practice Area: Banking and Finance Laws | Creditors' and Debtors' Rights
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Anthony Binford Minter (Wagner, Johnston & Rosenthal, PC.), Atlanta, for appellant.
    for defendant: Kurtis A. Powell (Hunton & Williams), Atlanta, for appellee. Robert J. Frey, Sarasota; Stephen G. Gunby, W. Fray McCormick (Page Scrantom Sprouse Tucker & Ford PC), Columbus, for other party.
    Case Number: S17Q1508

    Insurance Company Was Not "Financial Institution" When It Was Garnished Based on Earnings Owed as Debtor's Employer

  • Hall County Board Of Tax Assessors v. Westrec Properties, Inc.

    Publication Date: 2018-02-22
    Practice Area: Administrative Law | Tax
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Joseph A. Homans, Catherine T. Crawford (Fox, Chandler, Homans, Hicks & McKinnon), Dawsonville, for appellant.
    for defendant: Jeremy Ethan Underwood, Lauren Clipp Giles (Miles Hansford & Tallant, LLC), Cumming, for appellee.
    Case Number: S17A1421

    The trial court properly granted summary judgment to the taxpayers in their suit against a county board of tax assessors because the plain language of the O.C.G.A. § 48-5-311, as amended, required the board to schedule and notice a settlement conference with the taxpayer within 45 days of receipt of the taxpayers' notice of appeal and provided that the appeal terminated in the event the board elected not to do so, which it did.

  • Green v. The State

    Publication Date: 2018-02-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Gregory Davis Smith (Conger & Smith, LLC), Bainbridge, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Matthew David O'Brien (Department of Law), Atlanta; Clifford Paul Bowden (Tifton Judicial Circuit District Attorney's Office), Tifton, for appellee.
    Case Number: S17A1872

    Defendant failed to prove his ineffective assistance of counsel claims following his conviction as a party to the crime of malice murder.

  • The State v. Smith et al.

    Publication Date: 2018-02-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Frank M. Pennington, II, Margaret Ellen Heap, Christine Sieger Barker (Office of the District Attorney Eastern Judicial Circuit), Savannah, for appellant.
    for defendant: Solomon Adeoye Amusan (The Amusan Law Firm, PC), Savannah; Richard M. Darden (Darden Law Firm), Savannah; Caroline Heather Bradley (Richard M. Darden PC), Savannah; Thomas Raymond Bateski (Thomas R. Bateski, Esq PC), Savannah; Martin Gregory Hilliard (Martin G. Hilliard PC), Savannah; Steven Lee Sparger, Savannah, for appellee.
    Case Number: S17A1992

    The trial court erred in granting defendant's motion in limine to exclude a statement one of his co-defendants made because the statement did not directly inculpate defendant so the trial court should have concluded that the statement would be admissible against the co-defendant with an instruction to the jury to consider the statement only against him.

  • White v. The State

    Publication Date: 2018-02-15
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Ivars Lacis (Lacis Law, LLC), Peachtree City, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Jason Matthew Rea, Christopher M. Carr (Department of Law), Atlanta; Benjamin David Coker, Brittany Ashton Fallin, Marie Greene Broder (Griffin Judicial Circuit District Attorney's Office), Thomaston, for appellee.
    Case Number: S17A1588

    The trial court did not reversibly err in its jury instruction on reasonable doubt because, when viewing the charge as a whole, the jury instruction did not mislead the jury as to the standard of proof required by due process.

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  • Jones v. The State

    Publication Date: 2017-12-28
    Practice Area: Criminal Appeals | Criminal Law
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: James C. Bonner, Jr., Tyler R. Conklin (Georgia Public Defender Council), Atlanta, for appellant.
    for defendant: Rosemary M. Greene, Sharon Moyer Fox (Cherokee Judicial Circuit District Attorney's Office), Cartersville, for appellee.
    Case Number: S17G0118

    The Court of Appeals erred in holding that defendant's guilty verdicts for theft by conversion and theft by bringing stolen property into Georgia after he failed to return a car he had rented in Tennessee and drove through Georgia were not mutually exclusive because it was legally and logically impossible to convict the accused of both counts.

  • Georgia Association of Professional Process Servers, et al. v. Jackson, Sheriff, et al

    Publication Date: 2017-11-10
    Practice Area: Civil Procedure
    Industry:
    Court: Supreme Court
    Judge: Justice Boggs
    Attorneys: For plaintiff: Michael Travis Foust, Allan Leroy Parks Jr. (Parks, Chesin & Walbert, PC.), Atlanta, for appellant.
    for defendant: Steven Eric Rosenberg, Ashley Jenell Moore Palmer (Office of the Fulton County Attorney), Atlanta; Deborah Lynn Dance, Lauren Smith Bruce (Cobb County Attorney's Office), Marietta; Richard A. Carothers (Carothers & Mitchell, LLC), Buford; Nikisha Lynette McDonald (DeKalb County Law Department), Decatur; Jack R. Hancock, Arash Ali Sabzevari (Freeman Mathis & Gary, LLP), Forest Park; Kenneth Edward Jarrard, Kenneth Paul Robin (Jarrard & Davis, LLP), Cumming; Donald Andrew Cronin, Jr. (O'Quinn & Cronin LLC), McDonough, for appellee.
    Case Number: S17A1079

    The trial court did not err in granting summary judgment to the sheriffs of seven counties on process servers' petition for mandamus because process servers failed to show that the sheriffs violated any clear legal duty by exercising their discretion under O.C.G.A. 9-11-4.1 to determine, as a threshold matter, whether certified process servers may act in their respective counties.

  • McNeal v. The State

    Publication Date: 2017-11-01
    Practice Area: Criminal Law | Judges
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: Eric J. Taylor (Office of the Public Defender), Atlanta, for appellant.
    for defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Aimee F. Sobhani, Christopher M. Carr (Department of Law), Atlanta; Paul L. Howard Jr., Kevin Christopher Armstrong, Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: S17A1290

    The evidence supported defendant's convictions for malice murder and related crimes and the trial court did not err in refusing to give defendant's requested charge on accident, as the evidence did not support such a charge.

  • The State v. Wilkins

    Publication Date: 2017-10-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: Jerome M. Rothschild Jr., Lyndsey Hurst Rudder (Fulton County District Attorney's Office), Atlanta; Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr (Department of Law), Atlanta, for appellant.
    for defendant: Robert Warren Attridge Jr. (Law Offices of Robert W. Attridge Jr. PA), Tybee Island; Robert Lawrence Persse (Office of the Public Defender, Eastern Judicial Circuit), Savannah, for appellee.
    Case Number: S17A0873

    The trial court did not abuse its discretion in granting defendant's pretrial motion in limine to exclude incriminating statements his co-defendant made with regard to a double murder, as the evidence supported the trial court's conclusion that the co-defendant did not make the challenged statements "in furtherance of the conspiracy" and the statements, therefore, did not fall within the exception to the hearsay rule provided by O.C.G.A. 24-8-801 subsection (d) (2) (E).

  • Spencer v. The State

    Publication Date: 2017-10-23
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Justice Boggs
    Attorneys: For plaintiff: Thomas James Thomas, Thomas Webb & Willis, Atlanta, for appellant.
    for defendant: John Andrew Pipkin III, William Barney Kennedy III, Meredith Chafin Florio (Henry County Solicitor General's Office), McDonough for appellee.
    Case Number: S16G1751

    The Court of Appeals erred in holding that the trial court properly admitted a police officer's testimony correlating the results of a Horizontal Gaze Nystagmus test with a numeric blood alcohol content; accordingly, the Supreme Court reversed the Court of Appeals' decision affirming defendant's DUI-less safe conviction.