• Castro-Moran v. The State

    Publication Date: 2020-07-28
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Natalie Glaser, (Attorney at Law), Dublin, Sheri Smith, (Ocmulgee Circuit Public Defender's Office), Milledgeville, for appellant.
    for defendant: John Helton, Herbert Poston, (Assistant District Attorney), Dalton, for appellee.

    Case Number: A20A0450

    Trial Court Erred in Failing to Charge Jury on Lesser Offenses to Child Cruelty and Felony Murder

  • Caldwell v. The State

    Publication Date: 2020-07-24
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Lauren Shubow, (Attorney at Law), Atlanta, Sarah Danowitz, (Office of the Public Defender, Atlanta Judicial Cir), Atlanta, for appellant.
    for defendant: Marshal Hodge, Juliana Sleeper, Paul Howard, (Fulton County District Attorney's Office), Atlanta, for appellee.

    Case Number: A20A0747

    Trial Court Erred in Sentencing Defendant as a Recidivist Because He Had Already Begun to Serve the Court's Previous Oral Sentence, Which Did Not Impose a Recidivist Sentence

  • Grayhawk Homes, Inc. v. Addison

    Publication Date: 2020-07-24
    Practice Area: Contracts | Contractual Disputes | Damages | Employment Litigation
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Robert Lomax, (Robert R. Lomax, LLC), Columbus, for appellant.
    for defendant: Todd Duffield, (Ogletree Deakins Nash Smoak & Stewart PC), Atlanta, for appellee.

    Case Number: A20A0769

    Non-Compete Agreement's Liquidated Damages Provision Was Unenforceable, But Severable From the Remainder of the Agreement

  • Richey et al. v. The Kroger Company et al.

    Publication Date: 2020-07-23
    Practice Area: Civil Procedure | Wrongful Death
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: John Hadden, (The Hadden Law Firm, LLC), Atlanta, Denise Hoying, Peter Law, Ernest Moran, (Law & Moran), Atlanta, for appellant.
    for defendant: Matthew Moffett, Jeff Wasick, (Gray, Rust, St. Amand, Moffett & Brieske LLP), Atlanta, Charles McDaniel, (Carlock, Copeland & Stair, LLP), Atlanta, Ryan Kolb, (Copeland Stair Kingma & Lovell LLP), Atlanta, for appellee.

    Case Number: A20A0363

    Court reverses summary judgment for a defendant in a negligence case because it could not say, as a matter of law, that the plaintiff did not exercise reasonable care to avoid injury

  • Odion et al. v. Avesis, Inc. et al.

    Publication Date: 2020-07-23
    Practice Area: Civil Procedure | Dispute Resolution
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Gege Odion, Decatur, for appellant.
    for defendant: Kimberly Sheridan, (Vernis & Bowling of Atlanta, LLC), Atlanta, Deepak Jeyaram, (Jeyaram & Associates, PC), Duluth, for appellee.

    Case Number: A20A0658

    Trial Court Erred in Ruling That Equitable Relief Requests Stemming From Substantive Claims Were Moot, But Properly Denied Request to Vacate Arbitrator's Final Award

  • Campbell et al. v. Cirrus Education, Inc., et al.

    Publication Date: 2020-07-22
    Practice Area: Education Law | Employment Litigation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jason Coffman, (Attorney at Law), Atlanta, for appellant.
    for defendant: David Cole, William Collins, (Freeman Mathis & Gary LLP), Atlanta, for appellee.

    Case Number: A20A0191

    Court affirms dismissal of wrongful termination claims by former employees of a charter school on grounds of sovereign immunity and late filing

  • Campbell et al. v. Cirrus Education, Inc., et al.

    Publication Date: 2020-07-21
    Practice Area: Education Law | Employment Litigation
    Industry: State and Local Government
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Jason Coffman, (Attorney at Law), Atlanta, for appellant.
    for defendant: David Cole, William Collins, (Freeman Mathis & Gary LLP), Atlanta, for appellee.

    Case Number: A20A0162

    Court affirms dismissal of wrongful termination claims by former employees of a charter school because those claims were statutorily barred

  • Kallon v. The State

    Publication Date: 2020-07-21
    Practice Area: Constitutional Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Lance Tyler, (Tyler Law Firm), Suwanee, for appellant.
    for defendant: Patrician Burton, (Attorney at Law), Christopher Carr, Paula Smith, (Assistant Attorney General), Atlanta, Christopher DeNeve, Brian Whiteside, Samuel D'Entremont, (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.

    Case Number: A20A0030

    Court vacates denial of defendant's motion to suppress results of a breath test and remands for reconsideration in view of recent Georgia Supreme Court precedent

  • Boynton v. The State

    Publication Date: 2020-07-20
    Practice Area: Constitutional Law | Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Manubir Arora, (Attorney at Law), Atlanta, for appellant.
    for defendant: Benjamin Coker, (District Attorney), Thomaston, Julia Slater, (District Attorney), Columbus, Marie Broder, (Spalding County District Attorney's Office), Griffin, Robert Smith, (Prosecuting Attorneys' Council of Georgia), Morrow, for appellee.

    Case Number: A20A0578

    Requiring Defendant to Show His Tattoos to Jury Was Harmless Error

  • Stokes v. The State

    Publication Date: 2020-07-20
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: G. Stepp, (G. Richard Stepp, P.C.), Lawrenceville, for appellant.
    for defendant: Andrea Alabi, Nigel Lush, Daniel Porter, (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.

    Case Number: A20A0537

    Evidence Was Sufficient to Support Conviction For Conspiracy to Commit Robbery