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  • Somerville v. White

    Publication Date: 2016-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Konrad Ziegler Lee Ziegler LLP, Canton, for appellant.
    for defendant: Torris Butterfield, Atlanta, for appellee.
    Case Number: A16A0694

    The trial court erred in awarding civil damages on the defendant's counterclaim for violation of O.C.G.A. § 16-11-90, which criminalizes the transmission of photography or video depicting nudity or

  • State v. Bowman

    Publication Date: 2016-07-28
    Practice Area:
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    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Rosanna Szabo, Solicitor General, John Weitnauer, Assistant Solicitor General, Amina Bakari, and Nicole Wong Solicitor General's Office, Lawrenceville, for appellant.
    for defendant: T Kevin Mooney and George Stein Stein Ward, Atlanta, for appellee.
    Case Number: A16A0555

    The evidence supported the trial court's findings, under the totality of the circumstances, that the defendant did not voluntarily consent to a State-administered blood test following his arrest in

  • Patch v. State

    Publication Date: 2016-07-25
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    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Sharon Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Jon Setzer, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A16A0524

    The evidence sufficiently supported the defendant's convictions for three counts of computer or electronic pornography and child exploitation arising after he engaged in sexually explicit online com

  • McGhee v. State

    Publication Date: 2016-07-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Jackie Patterson, Atlanta, for appellant.
    for defendant: Lee Darragh, District Attorney, and Hugh Hamilton, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A16A0388

    The trial court did not err in refusing to require the State to reveal the identity of a confidential informant in the defendant's trial on drug charges, because the defendant failed to meet his bu

  • Kogel v. Kogel

    Publication Date: 2016-07-11
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    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Curtis Kleem McCamy, Phillips, Tuggle Fordham LLP, Dalton, for appellant.
    for defendant: Richard Yancey, Chatsworth, for appellee.
    Case Number: A16A0128

    The trial court erred in denying the mother's motion to vacate a temporary order granting custody of her minor child to the child's father, because the trial court lacked subject matter jurisdiction

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  • Creamer v. State

    Publication Date: 2016-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Tamara Crawford Public Defender's Office, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Kevin Armstrong District Attorney's Office, Atlanta, for appellee.
    Case Number: A16A0614

    There was sufficient probable cause to support the issuance of a warrant to search the defendant's home after investigators received an anonymous tip that a man was selling marijuana from the reside

  • Whitfield v. State

    Publication Date: 2016-07-08
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    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Timika Dennis and Zachary Taft Lister Holt LLC, McDonough, for appellant.
    for defendant: John Pipkin, Solicitor General, and Mary Grace Bell Solicitor General's Office, McDonough, for appellee.
    Case Number: A16A0420

    The law enforcement officers had reasonable suspicion to believe that the defendant was violating the terms of his probation by using drugs, and the trial court did not err in denying the defendant'

  • Pedersen v. State

    Publication Date: 2016-07-08
    Practice Area:
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    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Alan Mullinax and Zachary Stepp Alan Mullinax Associates PC, Lawrenceville, for appellant.
    for defendant: Stephanie Woodard, Solicitor General, and Amber Sowers, Chief Assistant Solicitor General, Gainesville, for appellee.
    Case Number: A16A0478

    The defendant was not in custody for purposes of Miranda when an officer conducted field sobriety tests based on his suspicion that the defendant was operating a boat while intoxicated, and the tria

  • Hayes v. State

    Publication Date: 2016-07-07
    Practice Area:
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    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Marion Hayes, Reidsville, proceeded pro se. Paul L. Howard Jr., District Attorney, and Joshua Morrison District Attorney's Office, Atlanta, for appellee.
    for defendant:
    Case Number: A16A0588

    The trial court improperly participated in the plea proceedings in violation of Superior Court Rule 33.5 subsection A, rendering the defendant's guilty plea involu

  • State v. Blanchard

    Publication Date: 2016-07-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Lee Darragh, District Attorney, Gainesville, and Jennifer Geller District Attorney's Office, Dawsonville, for appellant.
    for defendant: Philip Pilgrim Carter Pilgrim LLC, Suwanee, for appellee.
    Case Number: A16A0086

    There was insufficient probable cause to support the defendant's a for DUI and the trial court properly granted her motion to suppress evidence garnered as a result of that a