• Langley v. MP Spring Lake, LLC

    Publication Date: 2018-05-23
    Practice Area: Civil Procedure | Landlord Tenant Law | Premises Liability | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard, C.J.
    Attorneys: For plaintiff: Matthew Gebhardt (Gebhardt Law Firm), Jonesboro, for appellant.
    for defendant: Jacob Daly (Freeman, Mathis & Gary, LLP), Atlanta, for appellee.

    Case Number: A18A0193

    Tenant's Premises Liability Action Against Landlord Was Barred By Contractual Limitation Period Stated in Lease

  • Mays v. The State

    Publication Date: 2018-05-21
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Charles Cauble (Daniels & Cauble PC), Newnan, for appellant.
    for defendant: Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow; John Cranford (Coweta Judicial Circuit), Newnan, for appellee.

    Case Number: A18A0434

    The trial court correctly concluded that it was not required, under O.C.G.A. § 17-10-1 (a) (1) (B), to include a behavioral-incentive date in defendant's 10-year sentence of probation after he pleaded guilty as a first offender to one count each of aggravated assault, misdemeanor family-violence battery and third-degree cruelty to children because defendant was not convicted of any felony offenses, as a first offender guilty plea does not constitute a conviction.

  • Belcher v. State

    Publication Date: 2018-03-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Jeffrey Peil (Huggins Peil LLC), Evans, for appellant.
    for defendant: Randal McGinley (Newton County District Attorney's Office), Covington, for appellee.

    Case Number: A17A1982

    The evidence supported defendant's convictions for armed robbery, kidnapping with bodily injury, hijacking a motor vehicle, possession of a firearm during the commission of a felony, financial-transaction-card fraud, battery and possession of a firearm by a convicted felon during a crime and the trial court did not reversibly err in admitting certain evidence regarding a co-defendant's father's attempt to bribe the victim.

  • Frye v. The State

    Publication Date: 2018-03-28
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: John Overocker (Office of the Public Defender Coweta Judicial Circuit), Carrollton, for appellant.
    for defendant: Anne Allen (Assistant District Attorney), Carrollton; Peter Skandalakis (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.

    Case Number: A17A1554

    The trial court did not abuse its discretion in excluding certain evidence defendant sought to admit in his trial for child molestation and aggravated sexual battery of his minor granddaughter because the proposed evidence did not comport with the narrow exception to Georgias Rape Shield statute.

  • Nordahl v. The State

    Publication Date: 2018-03-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Bruce Harvey (Attorney at Law), Atlanta, for appellant.
    for defendant: Paul Howard (District Attorney), Atlanta; Bradley Malkin (Fulton County District Attorney's Off.), Atlanta; Marc Mallon (Senior Assistant District Attorney), Atlanta, for appellee.

    Case Number: A17A1360

    The trial court properly sentenced defendant as a recidivist under O.C.G.A. § 17-10-7 following his guilty plea to three counts of burglary, one count of criminal attempt to commit burglary and four counts of burglary in the first degree.

  • Loveless v. The State

    Publication Date: 2018-03-27
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Reid Kennedy (Attorney at Law), Marietta, for appellant.
    for defendant: John Edwards (District Attorney's Office, Cobb Judicial Circuit), Marietta; Shepard Orlow (Assistant District Attorney Cobb County District Attorney's Office), Marietta; D. Reynolds (District Attorney), Marietta, for appellee.

    Case Number: A17A1728

    The trial court did not err in resentencing defendant on remittitur after concluding, sua sponte, that the sentence entered on defendant's conviction for trafficking in methamphetamine was void because he had been sentenced under the wrong [C]ode section.

  • Kaufman v. The State

    Publication Date: 2018-02-21
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Debra Jefferson (Attorney at Law), Lawrenceville, for appellant.
    for defendant: Jessica Moss, Rachel Ashe (Cherokee County Solicitor Generals Office), Canton, for appellee.

    Case Number: A17A1881

    The evidence supported defendant's convictions for three counts of stalking, two counts of criminal trespass, five counts of engaging in harassing communications, 11 counts of criminal attempt to commit a misdemeanor by violation of a protective order and one count of violation of a protective order.

  • Roberts v. The State

    Publication Date: 2018-02-14
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Brandon Lewis (Attorney at Law), Norcross, for appellant.
    for defendant: Anna Cross (County District Attorney's Office), Decatur; Sherry Boston (DeKalb County District Attorney), Decatur, for appellee.

    Case Number: A17A1608

    The evidence supported defendant's convictions for violating the Georgia RICO Act, identity fraud, financial-transaction-card fraud and exploitation of an elder person arising out of a scheme in which she called senior citizens, claimed that she was a representative of a power company, and informed them that their utility bill had not been paid and that their power would be cut off if they did not provide her with credit card, bank account or other personal and financial information, which she then used to obtain cash or buy things.

  • Automotive Credit Corp. v. White

    Publication Date: 2018-02-13
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Trace Dillon (Dillon Law Firm P.C.), Snellville; Dwayne Kinney, Snellville, for appellant.
    for defendant: Dominique White, Kennesaw, for appellee.

    Case Number: A17A1559

    The trial court erred in denying plaintiff's petition to domesticate and enforce a foreign judgment; although the trial court correctly found that, under O.C.G.A. § 9-12-60, the judgment became dormant seven years after it was entered, the trial court overlooked the fact that plaintiff had an additional three years after the judgment became dormant to revive it under O.C.G.A. § 9-12-61.

  • Williams v. Johnson

    Publication Date: 2018-02-13
    Practice Area: Civil Procedure | Premises Liability
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Chief Judge Dillard
    Attorneys: For plaintiff: Lloyd Hedrick (Hedrick Law LLC), Atlanta, for appellant.
    for defendant: Derric Crowther (Crowther Law Firm, PC), Atlanta; Deirdre Stephens (Attorney at Law), Pine Lake, for appellee.

    Case Number: A17A1652

    Defendant was entitled to summary judgment in plaintiff's premises liability suit because plaintiff had at least equal, if not superior, knowledge as defendant did of the hazard that caused his injury and the evidence was "plain, palpable and undisputable."