• West v. The State

    Publication Date: 2018-02-12
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A17A2020

    The trial court properly granted State's motion in limine seeking to prohibit any testimony or evidence about defendant's belief that the victim was over the age of consent in his trial on two counts each of child molestation and statutory rape because a defendant's knowledge of the age of the victim is not an essential element of either crime and, therefore, it was no defense that the accused reasonably believed that the victim was of the age of consent.

  • Lafontaine et al. v. Alexander et al

    Publication Date: 2018-02-06
    Practice Area: Business Torts | Land Use and Planning | Real Estate
    Industry: Real Estate
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ted D. Morgan, for Lafontaine et al.
    for defendant: Waldrep, Mullin & Callahan, David C. Rayfield, for Watley and Alexander.

    Case Number: A17A1267

    The Court partially reversed the trial court's grant of summary judgment to defendant in plaintiffs' suit for, inter alia, fraudulent concealment of negligent construction, negligent construction, maintaining an abatable nuisance and negligent construction of the utility lines arising out of the placement of utility easements in a subdivision defendant developed.

  • In Re Dillon

    Publication Date: 2018-01-09
    Practice Area: Criminal Law | Legal Ethics and Attorney Discipline
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Seth Kirschenbaum (Davis Zipperman Kirschenbaum & Lotito), Atlanta; James Spence (Wilson Morton & Downs, LLC), Decatur, for appellant.
    for defendant: Keith Gammage (Fulton County Solicitor General), Atlanta; Paul Howard (District Attorney), Atlanta; Dominique Martinez, Kaye Burwell (Office of the Fulton County Attorney), Atlanta; Patrise Perkins-Hooker, Paula Rafferty (Fulton County Attorney's Office), Atlanta, for appellee.

    Case Number: A17A1723

    The evidence was sufficient to support an attorney's conviction for criminal contempt of court after he repeatedly filed several nearly identical petitions for scire facias under the wrong case number, the last of which was filed after the trial court had admonished him not to do so.

  • West v. The State

    Publication Date: 2018-01-03
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Ray
    Attorneys: For plaintiff: Brian Steel (The Steel Law Firm, PC.), Atlanta; McNeill Stokes (Attorney at Law), Marietta; J. Dietzen (Attorney at Law), Atlanta, for appellant.
    for defendant: Richard Perryman (District Attorney), Nashville; Rebekah Ditto (Alapaha Circuit District Attorney's Office), Adel; Jennifer Smith (Alapaha Judicial Circuit District Attorney's Office), Nashville, for appellee.

    Case Number: A17A2020

    The trial court properly granted State's motion in limine seeking to prohibit any testimony or evidence about defendant's belief that the victim was over the age of consent in his trial on two counts each of child molestation and statutory rape because a defendants knowledge of the age of the victim is not an essential element of either crime and, therefore, it was no defense that the accused reasonably believed that the victim was of the age of consent.

  • Blevins v. The State

    Publication Date: 2017-12-05
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: N/a
    for defendant: N/a

    Case Number: A17A0639

    The trial court did not abuse its discretion in admitting certain other acts evidence in a middle school band director's trial for enticing a child for indecent purposes and child molestation arising out of his interactions with a student.

  • Fulton County, Georgia v. Soco Contracting Company, Inc.

    Publication Date: 2017-12-04
    Practice Area: Attorney Compensation | Civil Procedure | Contracts
    Industry: Construction
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ronald Freeman, Cathy Nash, Bethany White (Johnson & Freeman, LLC), Union City; Cheryl Ringer (Office of the Fulton County Attorney), Atlanta; Denval Stewart (Office of the County Attorney), Atlanta, for appellant.
    for defendant: David Roberts (Roberts Construction Law, LLC), Atlanta, for appellee. Larry Ramsey (ACCG), Atlanta, for amicus curiae.

    Case Number: A17A1001

    The Court of Appeals vacated the denial of County's motion for summary judgment in construction company's suit arising out of a contract for the construction of a cultural center and remanded the case for further consideration because it did not appear that the trial court considered whether the parties strictly complied with the procedure for modifying the contract.

  • Fulton County, Georgia v. Soco Contracting Company, Inc.

    Publication Date: 2017-11-21
    Practice Area: Civil Procedure | Contracts
    Industry: Construction
    Court: Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ronald Freeman, Cathy Nash, Bethany White (Johnson & Freeman, LLC), Union City; Cheryl Ringer (Office of the Fulton County Attorney), Atlanta; Denval Stewart (Office of the County Attorney), Atlanta, for appellant.
    for defendant: David Roberts (Roberts Construction Law, LLC), Atlanta, for appellee. Larry Ramsey (ACCG), Atlanta, for amicus curiae.

    Case Number: A17A1001

    The trial court erred in denying county's motion for summary judgment in construction company's suit arising out of a contract for the construction of a cultural center because county was entitled to sovereign immunity on causes of action related to unwritten change orders.

  • Simmons v. Prince et al.

    Publication Date: 2017-11-03
    Practice Area: Business Torts | Real Estate
    Industry:
    Court: Court of Appeals
    Judge: Presiding Judge Ray
    Attorneys: For plaintiff: Ryburn Ratterree, Philip Thompson (Ellis Painter Ratterree & Adams LLP), Savannah, for appellant.
    for defendant: Christopher Britt (Karsman, McKenzie & Hart), Savannah; Jamie Casino (Attorney at Law), Savannah, for appellee.

    Case Number: A17A0899

    The trial court erred in denying defendant's motion for summary judgment in plaintiff's suit to recover damages for injuries he suffered when he fell through the balusters of a railing that surrounded the front landing of a second-floor apartment because the large gaps between the railing balusters was a static defect of which the plaintiff had equal knowledge.