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  • Gaskins v. Berry's Boat Dock

    Publication Date: 2016-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Richard Hobbs and Kelli Bailey Richard D. Hobbs Associates, Fayetteville, for appellant.
    for defendant: Alaina Howard and Anthony DeNapoli Law Office of Phillip M. Williams, Atlanta, for appellees.
    Case Number: A15A1066

    The defendants were not entitled to summary judgment in the plaintiff's slip and fall action, because issues of fact remained as to whether the defendants had constructive knowledge of the alleged d

  • Watts v. State

    Publication Date: 2016-01-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Lee Fitzpatrick, Kennesaw, for appellant.
    for defendant: Shannon Wallace, District Attorney, Wallace Rogers, and Cliff Head, Assistant District Attorneys, Canton, for appellee.
    Case Number: A15A0796

    A 4-minute extension of a traffic stop for the purpose of allowing a drug dog to perform a free-air sniff around the vehicle in which the defendant was riding as a passenger impermissibly prolonged

  • Randolph v. State

    Publication Date: 2016-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Earle Duncan, Darien, for appellant.
    for defendant: Jacquelyn Johnson, District Attorney, Brunswick, and Andrew Ekonomou The Lambros Firm LLC, Atlanta, for appellee.
    Case Number: A15A1024

    The State failed to show that the defendant violated the Georgia Street Gang Terrorism and Prevention Act when he arranged the sale of personal-use amounts of marijuana to individual members of a ga

  • In Re: Sprayberry

    Publication Date: 2016-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Lauren Sprayberry Public Defender's Office, Griffin, proceeded pro se. Scott Ballard, District Attorney, and Marie Broder District Attorney's Office, Griffin, for appellee.
    for defendant:
    Case Number: A15A1616

    The trial court did not afford the defendant-attorney any meaningful opportunity to be heard before holding her in criminal contempt and imposing a $25 fine after her cellphone vibrated at a motions

  • Morrow v. State

    Publication Date: 2016-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Timothy Lumpkin, Marietta, for appellant.
    for defendant: Shannon Wallace, District Attorney, Cliff Head, and Wallace Rogers, Assistant District Attorneys, Canton, for appellee.
    Case Number: A15A0905

    The State failed to prove that the defendant had supervisory or disciplinary authority over the victim and thus failed to prove an essential element of the crime of sexual assault in violation of O

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    Delaware County Court Rules 2024

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  • Reyes v. State

    Publication Date: 2016-01-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Stanley Schoolcraft Public Defender's Office, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A15A1498

    The trial court's conclusion that a dog sniff, which resulted in the discovery of drugs in the defendant's vehicle, occurred during affic stop was incorrect, as the dog sniff clearly prolonged

  • Reynolds v. State

    Publication Date: 2015-12-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Jackie Patterson, Atlanta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Gerald Mason District Attorney's Office, Decatur, for appellee.
    Case Number: A15A1248

    The evidence was sufficient to sustain the former police officer's convictions for two counts of violating his oath as a public officer after he gave two female suspects a choice between complying w

  • Alessi v. Cornerstone Assocs. Inc.

    Publication Date: 2015-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Patrick Jaugstetter Power Jaugstetter PC, McDonough, for appellant.
    for defendant: . Stephen Snow and Jennifer Bellis Bendin Sumrall Ladner LLC, Atlanta, for appellee.
    Case Number: A15A1115

    Georgia's offer of judgment statute, O.C.G.A. § 9-11-68, applies only in the context of traditional civil litigation, not in the context of alternative dispute resol

  • Brown v. State

    Publication Date: 2015-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Daniel Sessions, Norcross, for appellant.
    for defendant: Rosanna Szabo, Solicitor General, Latawsha Little-Hill, Assistant Solicitor General, and Robert Fisher Solicitor General's Office, Lawrenceville, for appellee.
    Case Number: A15A1425

    The evidence supported the trial court's findings that the DUI defendant was able to exercise his right, pursuant to O.C.G.A. § 40-6-392 subsection a 3, to have a chemical test of his blood perform

  • State v. Thompson

    Publication Date: 2015-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: David White, District Attorney, Hartwell, and Brian Atkinson, District Attorney, Carnesville, for appellant.
    for defendant: Douglas McDonald, Samuel Sliger McDonald Cody Law Offices, Cornelia, and Daniel Sessions, Norcross, for appellee.
    Case Number: A15A1626

    The DUI defendant cited no authority supporting her proposition that her right to an independent chemical test of her blood survived her waiver of that right at the