• Brown v. The State

    Publication Date: 2018-05-22
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge McMillian
    Attorneys: For plaintiff: Johnny Brown (Jenkins Correctional Facility), Millen, for appellant.
    for defendant: Richard Mallard (District Attorney), Statesboro; Keith McIntyre (Chief Assistant District Attorney), Statesboro; Daphne Totten (Assistant District Attorney Ogeechee Judicial Circuit), Statesboro, for appellee.

    Case Number: A18A0655

    Trial Court Failed to Sentence Convicted Child Molester According to Statutory "Split-Sentence"

  • Allen v. The State

    Publication Date: 2018-05-22
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: Viveca Famber (Attorney at Law), Austell, for appellant.
    for defendant: Tracy Lawson (District Attorney), Jonesboro; Elizabeth Rosenwasser (Clayton County District Attorney), Jonesboro, for appellee.

    Case Number: A18A0480

    Trial Court Did Not Wrongfully Permit Deputy to Admonish Deputy to Stop Crying During Trial

  • Francis v. The State

    Publication Date: 2018-05-22
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Phipps
    Attorneys: For plaintiff: Pamela Britt (Attorney at Law), Grayson, for appellant.
    for defendant: Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville; Charissa Henrich (Gwinnett County District Attorney's Office), Lawrenceville, for appellee.

    Case Number: A18A0334

    Officers Who Entered Residence Pursuant to Arrest Warrant Did Not Wrongfully Detain Another Occupant Prior to Drug Arrest

  • 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.

  • Moore v. Hullander

    Publication Date: 2018-05-21
    Practice Area: Attorney Rates and Arrangements | Family Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: John Niedrach (Attorney at Law), Rome, for appellant.
    for defendant: Anthony Perrotta (Attorney at Law), Cartersville, for appellee.

    Case Number: A18A0592

    The Court vacated the award of attorney fees to wife in a dispute with her ex-husband over child custody and child support and remanded the case for the trial court to reconsider whether attorney fees should be granted and, if so, to enter a judgment containing sufficient findings of fact and conclusions of law to support such an award.

  • Lee v. Batchelor

    Publication Date: 2018-05-18
    Practice Area: Civil Procedure
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Reese
    Attorneys: For plaintiff: Howard Lee, Lawrenceville, for appellant.
    for defendant: Christopher Carr (Attorney General), Atlanta, for appellee.

    Case Number: A18A0273

    The trial court erred in failing to conduct a hearing before denying appellant's request to proceed in forma pauperis in a civil action he intended to file because no one filed a traverse contesting the truth of his affidavit of poverty.

  • Wallace v. Wallace et al.

    Publication Date: 2018-05-18
    Practice Area: Business Torts | Corporate Governance
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Miller
    Attorneys: For plaintiff: James Ford (James Lee Ford P.C.), Atlanta, for appellant.
    for defendant: Andrew Gebhardt (Smith, Welch, Webb & White, LLC), Stockbridge; John Webb (Attorney at Law), Stockbridge, for appellee.

    Case Number: A18A0778

    The trial court erred in determining that appellant was required to sell his stock in a family-owned business at the 1994 value and in applying a minority interest discount to the value of the stock, as the trial court should have valued appellant's shares in 2003 when he breached the shareholders buy-sell agreement by refusing to sell his shares.

  • Cordle v. The State

    Publication Date: 2018-05-18
    Practice Area: Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Victor Aloisio (Office of the Public Defender, Lookout Mountain Judicial Circuit), Lafayette, for appellant.
    for defendant: Christopher Arnt (Assistant District Attorney), Lafayette; Herbert Franklin (District Attorney), Lafayette, for appellee.

    Case Number: A18A0903

    The trial court properly declined to merge for sentencing purposes defendant's convictions on two counts of burglary arising after he broke into two businesses in the same building.

  • Jenkins v. The State

    Publication Date: 2018-05-17
    Practice Area: Constitutional Law | Criminal Law
    Industry:
    Court: Georgia Court of Appeals
    Judge: Judge Andrews
    Attorneys: For plaintiff: Walter Britt (Chandler, Britt, Jay, Beck & Zwald LLC), Buford; Eliot Abt (The Abt Law Firm LLC), Atlanta, for appellant.
    for defendant: Michael Morrison (Assistant District Attorney), Lawrenceville; Daniel Porter (District Attorney Gwinnett Justice & Administrative Center), Lawrenceville, for appellee.

    Case Number: A18A0123

    No Detention Occurred Where Driver Temporarily Stopped As Ruse To Evade Traffic Stop

  • Lanham v. The State

    Publication Date: 2018-05-17
    Practice Area: Criminal Law | Evidence
    Industry:
    Court: Georgia Court of Appeals
    Judge: Presiding Judge Barnes
    Attorneys: For plaintiff: Jessica Benjamin, Athens, for appellant.
    for defendant: Joshua Smith (District Attorney's Office Augusta Judicial Circuit), Augusta; Henry Syms (Office of the District Attorney), Augusta, for appellee.

    Case Number: A18A0644

    The Court affirmed defendant's rape conviction, holding that the trial court properly denied his motion for new trial because he failed to prove his ineffective assistance of counsel claims.