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Publication Date: 2016-03-24
Practice Area:
Industry:
Court: Supreme Court
Judge: Nahmias, David E.
Attorneys: For plaintiff: Paul Oliver, Jonathan D. Gaul, and Les A. Schneider Wimberly Lawson Steckel Schneider Stine PC, Atlanta, for appellant.
for defendant: Stephen G. Quinn Wilson, Morton Downs LLC, Decatur, for appellee. Amicus Appellee: Rusi C. Patel Georgia Municipal Ass'n, Joshua B. Belinfante Robbins Ross Alloy Belinfante Littlefield LLC, and David Jaffer The Jaffer Law Firm, Atlanta.
Case Number: S15A1442
The State's comprehensive coin-operated amusement machines laws preempted a local ordinance that prohibited certain retailers of packaged alcoholic beverages from allowing on their premises any form
Publication Date: 2016-03-15
Practice Area:
Industry:
Court: Supreme Court
Judge: Nahmias, David E.
Attorneys: For plaintiff: Barbara N. Lanier, Savannah, for appellant.
for defendant: Margaret E. Heap, District Attorney, Christine S. Barker, Lyndsey H. Rudder, Assistant District Attorneys, Savannah, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary C. Greaber Attorney General's Office, Atlanta, for appellee.
Case Number: S15A1736
The permissible scope of cross-examination is a matter committed to the sound discretion of the trial court, and the trial court was not required to allow the defendant to introduce evidence about
Publication Date: 2016-03-15
Practice Area:
Industry:
Court: Supreme Court
Judge: Nahmias, David E.
Attorneys: For plaintiff: Jon B. McPhail, Alpharetta, for appellant.
for defendant: . David M. Pernini, Dustin S. Sharpes Wargo French LLP, Dallas R. Ivey, and Kimberly A. R. Weber Aldridge Pite LLP, Atlanta, for appellees. Amicus Appellees: Peter L. Lublin and Bret J. Chaness Rubin Lublin LLC, Peachtree Corners.
Case Number: S15G1007
The debtors lacked standing to challenge the validity of the assignment of the security deed to their residential property, which they executed in favor of the defendant's predecessor in int
Publication Date: 2016-02-08
Practice Area:
Industry:
Court: Supreme Court
Judge: Nahmias, David E.
Attorneys: For plaintiff: Gerard B. Kleinrock Public Defender's Office, Decatur, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Peggy A. Katz, Senior Assistant District Attorney, Michael V. Snow, Cynthia Cartwright, Assistant District Attorneys, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew B. Crowder, Assistant Attorney General, Atlanta, for appellee.
Case Number: S15A1705
Although the defendant had the right to be present during the discussion that led to a prospective juror's removal for cause, he acquiesced in the juror's removal in his absence, as he was present i
Publication Date: 2016-02-04
Practice Area:
Industry:
Court: Supreme Court
Judge: Nahmias, David E.
Attorneys: For plaintiff: Alan D. Tucker, Brunswick, for appellant.
for defendant: Bradley L. Collins, District Attorney, Michelle C. McIntire, Assistant District Attorney, Waycross, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Matthew B. Crowder, Assistant Attorney General, Atlanta, for appellee.
Case Number: S15A1618
The evidence, when viewed in the light most favorable to the verdict, was sufficient to authorize the jury to find the defendant guilty of malice murder, rather than voluntary manslaughter, as well
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Publication Date: 2016-01-25
Practice Area:
Industry:
Court: Supreme Court
Judge: Nahmias, David E.
Attorneys: For plaintiff: Tyler R. Conklin and James C. Bonner Jr. Georgia Public Defender Standards Council, Atlanta, for appellant.
for defendant: Richard A. Mallard, District Attorney, Keith A. McIntyre, Assistant District Attorney, Statesboro, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee.
Case Number: S15A1683
The trial court did not err, much less plainly err, in failing to give a mutual combat jury instruction in the defendant's murder trial, because the defendant admitted that the victim was unarmed an
Publication Date: 2016-01-25
Practice Area:
Industry:
Court: Supreme Court
Judge: Nahmias, David E.
Attorneys: For plaintiff: Cynthia W. Harrison Harrison Law Firm LLC, Atlanta, for appellant.
for defendant: Robert D. James Jr., District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, Lenny I. Krick, Senior Assistant District Attorney, Tamara L. Ross District Attorney's Office, Decatur, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Vicki S. Bass, Assistant Attorney General, Atlanta, for appellee.
Case Number: S15A1525
The evidence was more than sufficient to corroborate the defendant's confession that he killed a woman in his hotel room and then stayed in the room with the body for about two days, during which ti
Publication Date: 2015-11-30
Practice Area:
Industry:
Court: Supreme Court
Judge: Nahmias, David E.
Attorneys: For plaintiff: J. Marcus E. Howard, Geoffrey E. Pope Pope Howard PC, Atlanta, Benjamin H. Terry, Peachtree City, and J. Derek Braziel Lee Braziel LLP, Dallas, Texas, for appellant.
for defendant: . Matthew A. Boyd and Ronald G. Polly Jr. Hawkins Parnell Thackston Young LLP, Atlanta, for appellees.
Case Number: S15Q1127
Employees whose jobs consist of providing in-home personal support services to their employers' clients and who are exempted from the federal minimum wa are not exempt from Georgia's minimum w
Publication Date: 2015-11-20
Practice Area:
Industry:
Court: Supreme Court
Judge: Nahmias, David E.
Attorneys: For plaintiff: R. Gary Spencer, Atlanta, for appellant.
for defendant: Timothy G. Vaughn, District Attorney, Joshua W. Powell, Assistant District Attorney, Eastman, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Mary C. Greaber Attorney General's Office, Atlanta, for appellee.
Case Number: S15A1093
The defendant failed to prove his ineffective assistance of counsel claims after he was convicted of malice murder, as he failed to show both deficient performance and resulting prej
Publication Date: 2015-11-19
Practice Area:
Industry:
Court: Supreme Court
Judge: Nahmias, David E.
Attorneys: For plaintiff: Ashleigh B. Merchant The Merchant Law Firm PC, Marietta, for Post. Kenneth R. Croy, Marietta, and Christopher R. Geel, Charleston, SC, for Fripp. Mitchell D. Durham, Marietta, for Brown. D. Victor Reynolds, District Attorney, John A. Pursley in Case No. S15A1189 only, John R. Edwards, Assistant District Attorneys, Jason R. Samuels J. Samuels Law PC, Marietta, Samuel S. Olens, Attorney General, Patricia B. A. Burton, Deputy Attorney General, Paula K. Smith, Senior Assistant Attorney General, Vicki Samara Bass in Case No. S15A1193 only, Assistant Attorney General, and Mary C. Greaber in Case Nos. S15A1189 S15A1190 only Attorney General's Office, Atlanta, for State.
for defendant:
Case Number: S15A1189; S15A1190; S15A1193
A superior court judge erred in denying the defendants' recusal motions, which were based in part on the fact that the district attorney prosecuting the cases was serving as treasurer for the trial
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