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  • McBrayer et al. v. Scarbrough

    Publication Date: 2022-06-28
    Practice Area: Wrongful Death
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Craig Webster, (Attorney at Law), Tifton, for appellant.
    for defendant: Jason Waymire, Terry Williams, (Attorney at Law), Buford, for appellee.
    Case Number: A22A0002

    Court affirms summary judgment for County Sheriff in a wrongful death matter, finding that County did not waive sovereign immunity over plaintiff's claim

  • Blazek v. The State

    Publication Date: 2022-06-28
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Thomas Thomas, (Attorney at Law), Atlanta, for appellant.
    for defendant: Joseph Morales, (Gwinnett County Solicitor's Office), Lawrenceville, for appellee.
    Case Number: A22A0576

    Police Offices Not Required to Give Miranda Advisement Before Asking Suspected Drunk Driver to Submit to Breath Test

  • Hutcheson v. The State

    Publication Date: 2022-06-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: David Clark, (Clark & Towne, PC), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Han Chung, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A22A0501

    Court affirms aggravated assault and other convictions over defendant's claims of ineffective assistance of counsel and reverses grant of defendant's motion for resentencing

  • Pate v. The State

    Publication Date: 2022-06-28
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge McFadden
    Attorneys: For plaintiff: John Monroe, (John Monroe Law, P.C.), Dawsonville, for appellant.
    for defendant: Robert Wilson, (Enotah Judicial Circuit District Attorney), Cleveland, William Langley, (District Attorney), Blairsville, for appellee.
    Case Number: A22A0602

    Court affirms convictions for aggravated assault and firearm possession, and affirms denial of defendant's motion or immunity from prosecution

  • In the Interest of D. C. et al., Children

    Publication Date: 2022-06-27
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Doyle
    Attorneys: For plaintiff: Camellia Moore, (The Moore-Manna Law Office LLC), Atlanta, for appellant.
    for defendant: Karimah Boston, (Public Defender's Office - Atlanta Judicial Circuit), Atlanta, Christopher Carr, Shalen Nelson, (Attorney General), Atlanta, Robert Hall, (Attorney at Law), Alpharetta, Emily Harris, (Department of Law), Atlanta, Mark Brooks, Atlanta, for appellee; Derwin Davis, (Davis Law, LLC), Conyers, Karen Pulliam, (Fulton County Juvenile Court), Atlanta, for other party.
    Case Number: A22A0525

    Court reverses non-reunification order and remands for consideration of statutory conditions for reunification of dependent children with their father

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  • In the Interest of K. K., a Child

    Publication Date: 2022-06-27
    Practice Area: Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Karimah Boston, (Public Defender's Office - Atlanta Judicial Circuit), Atlanta, Abdulhakim Saadiq, (Saadiq & Associates, LLC), Decatur, for appellant.
    for defendant: Calandra Harps, Christopher Carr, Shalen Nelson, (Assistant Attorney General), Atlanta, Ramona Condell, (Office of the Child Attorney, Fulton County), Atlanta, Mark Brooks, Atlanta, for appellee.
    Case Number: A22A0400

    Court vacates dependency order and remands case for juvenile court to enter a new order addressing whether parental unfitness has been demonstrated to support dependency

  • Gainey v. The State

    Publication Date: 2022-06-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Hodges
    Attorneys: For plaintiff: Robert Persse, Savannah, for appellant.
    for defendant: Charles Higgins, (District Attorney's Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney's Office for the Brunswick Judicial Circuit), Kingsland, for appellee.
    Case Number: A22A0226

    Court affirms convictions for sexual battery and child molestation over defendant's claims of ineffective assistance of counsel and violations of Fourth Amendment rights

  • Cruz v. The State

    Publication Date: 2022-06-27
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Rickman
    Attorneys: For plaintiff: Lynn Kleinrock, (Law Office of Lynn M. Kleinrock), Tucker, for appellant.
    for defendant: Patsy Austin-Gatson, Marlene Oldeen, (Gwinnett County District Attorney), Lawrenceville, for appellee.
    Case Number: A22A0462

    Court reverses conviction for aggravated assault on a peace officer due to insufficient evidence to show that the defendant had the requisite intent

  • Rosser v. Clyatt et al.

    Publication Date: 2022-06-27
    Practice Area: Fee Disputes
    Industry: Energy
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: W. Langdale, Kathryn Parrish Bennett, (Langdale Vallotton, LLP), Valdosta, for appellant.
    for defendant: Barbara Mulholland, (Dennis, Corry, Porter & Smith, LLP), Atlanta, Anna Cross, (The Cross Firm LLC), Decatur, Kurt Kastorf, (Kastorf Law), Atlanta, W. Langdale, (Langdale & Vallotton LLP), Valdostsa, Thomas Lehman, (Thomas L. Lehman), Cairo, Darren Summerville, (The Summerville Firm, LLC), Atlanta, Gabriel Ridley, (The Ridley Law Firm, LLC), Cairo, Kathryn Harden, (Hall Booth Smith, P.C.), Albany, for appellee.
    Case Number: A22A0469

    Court affirms award of attorney fees for appellate matters under the Georgia anti-SLAPP statute

  • Medina-Hernandez v. The State

    Publication Date: 2022-06-24
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Brown
    Attorneys: For plaintiff: Jarett Sliz, (Sliz/Bramblett and Associates), Lawrenceville, for appellant.
    for defendant: Patsy Austin-Gatson, Norris Lewis, (Gwinnett County District Attorney Gwinnett Justice and Administration Center), Lawrenceville, for appellee.
    Case Number: A22A0102

    Court reverses denial of a motion to suppress evidence found in a residence because search warrant did not show probable cause, but affirms as to evidence found in a vehicle