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  • Womac v. The State

    Publication Date: 2018-01-02
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Supreme Court
    Judge: Justice Hunstein
    Attorneys: For plaintiff: Michael Robert McCarthy (Mike McCarthy, Criminal Defense Lawyer), Rocky Face, for appellant.
    for defendant: Herbert McIntosh Poston, Jr., Victoria Keely Parker, (Conasauga Judicial Circuit District Attorney's Office), Dalton, for appellee.
    Case Number: S17A1385

    The Supreme Court affirmed defendant's convictions and sentences for aggravated sexual battery, child molestation, cruelty to children in the first degree and false imprisonment and found that his life sentence for aggravated sexual battery did not constitute cruel and unusual punishment in violation of the Georgia Constitution.

  • Henderson v. The State

    Publication Date: 2017-12-14
    Practice Area: Constitutional Law | Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: John Donnelly (Western Circuit Public Defender's Office), Athens, for appellant.
    for defendant: James Chafin (Assistant District Attorney Western Judicial Circuit), Athens; Kenneth Mauldin (District Attorney), Athens, for appellee.
    Case Number: A17A1926

    The trial court failed to properly apply the applicable test when it granted State's motion to involuntarily medicate a mentally ill criminal defendant in an attempt to make him competent to stand trial.

  • Johnson v. The State

    Publication Date: 2017-11-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Judge Branch
    Attorneys: For plaintiff: Jonathan Rosenburg (Lister & Holt LLC), Jonesboro, for appellant.
    for defendant: Tasha Mosley (Solicitor General), Jonesboro; James Wilkinson (Cherokee Circuit District Attorney), Cartersville, for appellee.
    Case Number: A17A0733

    The trial court erred in denying defendant's motion to suppress evidence police discovered after they arrested him without probable cause, as defendant was free to leave a first-tier police encounter and his arrest for obstruction was thus unlawful.

  • The State v. Licata

    Publication Date: 2017-11-22
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Adam Keller (Sr. Assistant Solicitor General), Cumming; William Finch (Solicitor General of Forsyth County), Cumming, for appellant.
    for defendant: Woodrow Smith (Attorney at Law), Atlanta; Matthew Winchester (Law Offices of Matthew K. Winchester), Atlanta, for appellee.
    Case Number: A17A1200

    The trial court erred in granting DUI defendant's motion to suppress the results field sobriety tests and evidence of his refusal to take a breath test because he was sufficiently warned of his right not to incriminate himself before the field sobriety tests and he was not entitled to counsel when deciding whether to submit to the state-requested breath test.

  • Ellis v. The State

    Publication Date: 2017-11-21
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: Monte Davis (Attorney at Law), Roswell, for appellant.
    for defendant: Emily Johnson (District Attorney's Office Rome Judicial Circuit), Rome; Leigh Patterson (District Attorney), Rome, for appellee.
    Case Number: A17A0659

    The trial court erred in key factual findings and failed to balance the relevant legal factors when it denied defendant's plea in bar on constitutional speedy trial grounds.

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  • Atwater et al. v. Tucker

    Publication Date: 2017-11-20
    Practice Area: Constitutional Law | Government
    Industry: Education | State and Local Government
    Court: Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Janet Scott, A. Welch (Smith, Welch, Webb & White, LLC), McDonough; Larry Mims, Ross Pittman (Attorney at Law), Tifton; Megan Pearson (Attorney at Law), McDonough, for appellant.
    for defendant: Craig Webster (Attorney at Law), Tifton, for appellee.
    Case Number: A17A0722

    County school officials were entitled to official immunity in teacher's suit under 42 USC § 1983 alleging that they violated her First Amendment rights by disciplining her after she posted a particular comment on a social media website and the trial court thus erred in denying their motion for judgment on the pleadings.

  • Fazio v. The State

    Publication Date: 2017-11-10
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Supreme Court
    Judge: Justice Blackwell
    Attorneys: For plaintiff: Lance Warren Tyler (Tyler Law Firm, LLC), Suwanee, for appellant.
    for defendant: Rosanna M. Szabo, Samuel Richard D'Entremont, Joelle M. Nazaire (Office of the Gwinnett County Solicitor General), Lawrenceville, for appellee.
    Case Number: S17A1020

    The Supreme Court affirmed defendant's DUI convictions, holding that the implied consent notice statute does not violate the constitutional prohibition of unreasonable searches and seizures and is not unconstitutionally misleading or coercive on its face in violation of due process.

  • Olevik v. The State

    Publication Date: 2017-11-07
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Supreme Court
    Judge: Justice Peterson
    Attorneys: For plaintiff: Lance Warren Tyler (Tyler Law Firm, LLC), Suwanee, for appellant.
    for defendant: Rosanna M. Szabo, Samuel Richard d'Entremont, Joelle M. Nazaire (Office of the Gwinnett County Solicitor General), Lawrenceville, for appellee.
    Case Number: S17A0738

    The Georgia Constitution's protection against compelled self-incrimination prohibits law enforcement from compelling a person suspected of DUI to blow their deep lung air into a breathalyzer.

  • Women's Surgical Center, LLC et al. v. Berry et al.

    Publication Date: 2017-11-03
    Practice Area: Constitutional Law | Health Care Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Glenn A. Delk (Lightmas & Delk), Atlanta; James M Manley, Veronica Thorson (Scharf-Norton Center for Constitutional Litigation at the Goldwater Institute), Phoenix, for appellant.
    for defendant: Isaac Byrd, Daniel Stephen Walsh, Forrest Geoffrey Pearce, Monica Anne Sullivan, Christopher M. Carr (Department of Law), Atlanta, for appellee. Anne Ware Lewis (Strickland Brockington Lewis LLP), Atlanta; Jeffrey W. McCoy (Pacific Legal Foundation), Sacramento, for amicus appellant. John Hinton Parker Jr., J. Marbury Rainer (Parker, Hudson, Rainer & Dobbs, LLP), Atlanta; Yasha Heidari (Heidari Power Law Group, LLC), Atlanta, for amicus appellee.
    Case Number: S17A1317

    The trial court properly denied Department of Community Health's motion to dismiss hospital's action seeking declaratory and injunctive relief in an effort to have Georgia's applicable certificate of need law and the regulations authorizing it declared unconstitutional because hospital was not required to exhaust its administrative remedies before filing the action and the trial court also properly granted summary judgment to the Department on hospital's constitutional challenges to O.C.G.A. 31-6-40 subsection (a) (7) (C).

  • Freeman v. The State

    Publication Date: 2017-10-31
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Court of Appeals
    Judge: Presiding Justice Melton
    Attorneys: For plaintiff: Justin Freeman, Rockmart, for appellant.
    for defendant: Stephanie D. Woodard, Daniel Sanmiguel (Hall County Solicitor General's Office), Gainesville; Paula Khristian Smith, Patricia B. Attaway Burton, Christopher M. Carr (Department of Law), Atlanta, for appellee.
    Case Number: S17A1040

    The Supreme Court reversed defendant's conviction for one count of disorderly conduct pursuant to O.C.G.A. 16-11-39 subsection (a) (1) because defendant's act of raising his middle finger to a pastor during a church service was a constitutionally protected act that did not place the pastor in reasonable fear for his safety.