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  • Hunt v. The State

    Publication Date: 2021-04-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Karen Wilkes, (Tallapoosa Circuit Public Defender), Cedartown, for appellant.
    for defendant: Oliver Browning, Crystal Polizzi, (Polk County District Attorney's Office), Cedartown, for appellee.
    Case Number: A21A0339

    Trial Court Abused its Discretion in Revoking Probation; State Failed to Provide Necessary Evidentiary Connection Between Defendant and Gun

  • Hartman v. The State

    Publication Date: 2021-04-01
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Lauren Shubow, (Attorney at Law), Atlanta, for appellant.
    for defendant: Fani Willis, (The Law Offices of Fani T. Willis, LLC), Atlanta, Teri Walker, Richard Caplan, Claude Rudder, (Office of the Fulton County District Attorney), Atlanta, for appellee.
    Case Number: A20A1911

    Court affirms convictions for rape and aggravated sodomy over defendant's challenges to evidence and claims of ineffective assistance of counsel

  • Napier Jr. et al. v. Kearney

    Publication Date: 2021-03-31
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: David Merbaum, Andrew Becker, Matthew Mikkelsen, (Merbaum & Becker, P.C.), Alpharetta, for appellant.
    for defendant: Kim Jackson, (Bovis, Kyle, Burch & Medlin, LLC), Atlanta, Peter Jacxsens, Lauren Dick, (Hawkins Parnell & Young LLP), Atlanta, for appellee.
    Case Number: A20A1902

    Court affirms summary judgment in favor of seller on house purchasers' rescission claim but reverses on their fraud and misrepresentation claims.

  • The Hatchett Firm, P. C. et al. v. Atlanta Life Financial Group, Inc.

    Publication Date: 2021-03-30
    Practice Area: Contractual Disputes
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Roy Banerjee, (Kumar, Prabhu, Patel & Banerjee, L.L.C.), Atlanta, Angelina Whitaker, (Blue Sky Law), Smyrna, for appellant.
    for defendant: Lisa Wolgast, Talia Wagner, (Morris, Manning & Martin, LLP), Atlanta, for appellee.
    Case Number: A20A1723

    Court reverses summary judgment order that had been in favor of sub-lessor due to outstanding issue of material fact, but affirms order against subtenants' counterclaims

  • Scriven v. The State

    Publication Date: 2021-03-19
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Thomas McCants, (The Public Defender's Office, Augusta Judicial Circuit), Augusta, for appellant.
    for defendant: Joshua Smith, Henry Syms, Jared Williams, (District Attorney's Office), Augusta, for appellee.
    Case Number: A20A1941

    Trial Court Did Not Err in Refusing to Give Jury Charge on Defendant's Affirmative Defense of Justification

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  • Williams v. The State

    Publication Date: 2021-02-16
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Cara Clark, (Georgia Public Defender Council Appellate Division), Fayetteville, for appellant.
    for defendant: Donald Donovan, Anthony Williams, (Assistant District Attorney), Dallas, for appellee.
    Case Number: A20A2092

    Court affirms convictions for fleeing an officer and other crimes over defendant's arguments regarding errors in admission of evidence and improper prosecutor statements

  • Strickland et al. v. Geico General Insurance Company

    Publication Date: 2021-02-12
    Practice Area: Civil Procedure | Personal Injury
    Industry: Insurance
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: William Edgar, (Attorney at Law), Alma, for appellant.
    for defendant: Matthew Lawrence, (Young, Thagard, Hoffman, Smith, Lawrence & Shenton), Valdosta, for appellee. Thomas Burke, (Hall Booth Smith, P.C.), Tifton, for other party.
    Case Number: A20A1971

    Court reverses dismissal of plaintiff's amended renewal complaint in a personal injury action where the amended renewal complaint properly related back to the original.

  • Cameron v. The State

    Publication Date: 2021-02-11
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Steven Phillips, (Public Defender), Atlanta, for appellant.
    for defendant: Fani Willis, (The Law Offices of Fani T. Willis, LLC), Atlanta, Claude Rudder, (District Attorney), Atlanta, David Getachew-Smith, (Fulton County District Attorney's Office), Atlanta, for appellee.
    Case Number: A20A1829

    Separate indictments for battery did not merge because they all referred to different conduct that occurred at different times

  • Barraza v. The State

    Publication Date: 2021-01-20
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Eric Crawford, (Crawford and Boyle, LLC), Monroe, for appellant.
    for defendant: Kenneth Mauldin, (District Attorney), Athens, Austin Jackson, (Clarke County DA), Athens, for appellee.
    Case Number: A20A1657

    Court affirms child molestation convictions over defendant's challenges to expert testimony and to limits on cross-examination of a detective investigator

  • National Collegiate Student Loan Trust v. 2007-1 v. Bell

    Publication Date: 2021-01-19
    Practice Area: Civil Procedure
    Industry: Financial Services and Banking
    Court: Georgia Court of Appeals
    Judge: Judge Mercier
    Attorneys: For plaintiff: Wendi Fassbender, (Attorney at Law), Wesley Chapel, Cherice Tadday, (Roosen, Varchetti & Oliver, PLLC), Smyrna, Kirsten Smith, (Sessions, Fishman, Nathan & Israel), Metairie, for appellant.
    for defendant: David Addleton, (Attorney at Law), Macon, John Hadden, (The Hadden Law Firm, LLC), Atlanta, James Hurt, (Hurt Stolz, P.C.), Watkinsville, for appellee.
    Case Number: A19A1676

    Court reverses dismissal of a collection lawsuit filed by a Delaware trust, concluding that the trust had capacity to sue in its own name, and remands to trial court