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  • McCullum v. The State

    Publication Date: 2022-10-07
    Practice Area: Criminal Appeals
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Janet McCullum, (Metro Transitional Center), Atlanta, for appellant.
    for defendant: Rodrigo Silva, William Kendall, (District Attorney’s Office, Houston Judicial Circuit), Perry, for appellee.
    Case Number: A22A1064

    Court vacates denial of a motion to correct a void sentence and remands for dismissal of motion because the sentencing court lacked subject matter jurisdiction over the motion

  • Hackett v. Stapleton et al.

    Publication Date: 2022-09-26
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Beverly Cohen, (Attorney at Law), Roswell, for appellant.
    for defendant: Andrew Lavoie, (Bruce, Mathews & Lavoie), Statesboro, Susan Cox, (Susan W. Cox, LLC), Peachtree Corners Paige Navarro, (Hall & Navarro, LLC), Statesboro, for appellee; Courtney Anderson, (C. Joiner Anderson & Associates, PC), Lyons, Susan Cox, (Susan W. Cox, LLC), Peachtree Corners, Cheryl Kelly, (C. Kelly Law LLC), Atlanta, Marcol Harvey, (Gordon Rees Scully Mansukhani, LLP), Atlanta, for other party.
    Case Number: A22A0773

    Court affirms equitable custody of a minor child to his primary caregivers and denial of father's legitimation, petition and remands for assessment of legal and physical custody

  • Sarmiento-Naranjo v. The State

    Publication Date: 2022-08-26
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Jessica Towne, (Clark & Towne, P.C.), Lawrenceville, for appellant.
    for defendant: Penny Penn, (GA Bell-Forsyth Judicial Circuit), Cumming, Courtney Moore, (Forsyth County District Attorney’s Office), Cumming, for appellee.
    Case Number: A22A0992

    Court affirms convictions for child molestation and rape over defendant's challenges to jury instructions and admission of evidence that he claimed was hearsay

  • George v. The State

    Publication Date: 2022-08-18
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Eric Crawford, (Crawford and Boyle, LLC), Monroe, for appellant.
    for defendant: Layla Zon, (District Attorney), Covington, Randal McGinley, (Newton County District Attorney’s Office), Covington, Jacqueline Fletcher, (Walton County District Attorney’s Office), Monroe, for appellee.
    Case Number: A20A0993

    Evidence seized in a child molestation case that was beyond the scope of a search warrant is admissible only if it satisfies a plan view standard

  • The State v. Awad

    Publication Date: 2022-08-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Patrician Burton, (Attorney at Law), Atlanta, Christopher Carr, (Attorney General), Atlanta, Herbert Poston, (District Attorney), Dalton, Paula Smith, (Assistant Attorney General), Atlanta, Mark Higgins, (Conasauga Judicial Circuit D.A.s Office), Dalton, for appellant.
    for defendant: D. Sessions, (The Sessions Law Firm, LLC), Atlanta, for appellee.
    Case Number: A20A1490

    The State cannot introduce evidence of a defendant's refusal to submit to a chemical test of his urine where defendant is charged with driving under the influence

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  • Johnson v. Lindsay Pope Brayfield & Associates, Inc. et al.

    Publication Date: 2022-08-03
    Practice Area: Employment Litigation
    Industry: Consulting
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Gene Massafra, Atlanta, for appellant.
    for defendant: Robert Thomas, Jaletta Smith, (Andersen Tate & Carr, P.C.), Duluth, for appellee.
    Case Number: A22A0189

    Court affirms summary judgment for employer in a discrimination and wrongful discharge case brought by disabled employee whose accommodation request was denied

  • Patel v. Duke Hospitality, LLC et al.

    Publication Date: 2022-07-27
    Practice Area: Employment Litigation | Privacy
    Industry: Hospitality and Lodging
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: John Christy, Jonathan Akins, (Schreeder Wheeler & Flint, LLP), Atlanta, for appellant.
    for defendant: James Hawkins, (James W Hawkins LLC), Cumming, Cary Ichter, (Attorney at Law), Atlanta, William Davis, (Ichter Davis, LLC), Atlanta, for appellee.
    Case Number: A22A0277

    Court reverses summary judgment order that had been against former employee's claims of computer violations, invasion of privacy, and conversion

  • Grimes v. The State

    Publication Date: 2022-07-26
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Woodrow Smith, (Attorney at Law), Atlanta, Matthew Winchester, (Law Offices of Matthew K. Winchester), Atlanta, for appellant.
    for defendant: Darius Pattillo, Sharon Hopkins, Jodi Spiegel, (Henry County District Attorney’s Office), McDonough, for appellee.
    Case Number: A22A0076

    Court reverses order revoking a defendant's probation because that order was based on inadmissible hearsay and defendant's due process rights were violated

  • CL SNF, LLC et al. v. Fountain

    Publication Date: 2022-07-14
    Practice Area: Contractual Disputes
    Industry: Health Care
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Karen Smiley, (Hanks Brookes LLC), Atlanta, Kevin Quirk, Kellie Holt, (Quirk & Quirk LLC), Atlanta, for appellant.
    for defendant: Gretchen Wagner, Katherine Hughes, (Wagner Hughes, LLC), Atlanta, Jennifer Peterson, Michael Terry, (Bondurant Mixson & Elmore LLP), Atlanta, Bethany Schneider, (Attorney at Law), Atlanta, for appellee.
    Case Number: A20A0773

    Arbitration agreement signed by guardian of mentally-impaired adult was not unenforceable due to unconscionability

  • Williams v. The State

    Publication Date: 2022-07-12
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Wesley Woolverton, (Woolverton Law Firm), Douglasville, Randall Sharp, (Sharp Georgia Law Firm), Smyrna, for appellant.
    for defendant: Elizabeth Racine, Aimee Sobhani, (Douglas County District Attorney's Office), Douglasville, for appellee.
    Case Number: A22A0255

    Court affirms denial of a motion to suppress physical evidence seized from a vehicle where officers had a reasonable suspicion to stop the vehicle and restrain its occupants