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Howard v. The State
Publication Date: 2024-04-16
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Presiding Justice Peterson
Attorneys:
For plaintiff: Angela Dillon, Columbus, for appellant.
For defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Christopher M. Carr, Michael Alexander Oldham, (Department of Law), Atlanta, Gary Drew Bergman, (Prosecuting Attorney’s Council of Georgia), Morrow, Stacey Sherrard Jackson, Tina G. Stanford, (Chatahoochee Circuit District Attorney’s Office), Columbus, for appellee.
Case number: S24A0105

Court affirms felony murder conviction over defendant's challenge to sufficiency of evidence and contentions of ineffective assistance of counsel and jury selection error

Clark v. The State
Publication Date: 2024-04-16
Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Judge Hodges
Attorneys:
For plaintiff: Amara Montgomery, (Rockdale County Public Defenders Office), Conyers, for appellant.
For defendant: Darius Pattillo, Sharon Hopkins, (Henry County Courthouse 2nd Floor), McDonough, for appellee.
Case number: A23A1690

Court affirms denial of a motion for early probation termination under OCGA § 17-10-1 (a) (1) (B), citing statute's directory nature and deference to trial court's judicial discretion

Wal-Mart Stores East, LP v. Howell et al.
Publication Date: 2024-04-12
Practice Area: Damages | Premises Liability
Industry: Retail
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Ernest Beaton, (McLain & Merritt PC), Atlanta, Mark Pickett, (Hall Booth Smith, PC), Atlanta, Jack Reiter, Sydney Feldman, Jack Reiter, (Gray Robinson, P.A.), Miami, for appellant.
For defendant: Jonathan Sexton, Jacob Weldon, (Sexton Law Firm, LLP), McDonough, for appellee.
Case number: A23A1198

Court affirms trial decision allowing plaintiffs to seek damages beyond initial limitation in slip-and-fall case against Wal-Mart, finding that changed circumstances justified larger damages

Song v. EGPS Solutions I, Inc., et al.
Publication Date: 2024-04-12
Practice Area: Corporate Governance
Industry: Distribution and Wholesale
Court: Georgia Court of Appeals
Judge: Judge Hodges
Attorneys:
For plaintiff: Thomas Grant, (Freed Grant LLC), Atlanta, Robert Kaufman, (Chalmers, Adams, Backer & Kaufman, LLC), Alpharetta, Kevin Kucharz, (Chalmers, Adams, Backer & Kaufman, LLC), Johns Creek, for appellant.
For defendant: Harold Daniel, (Harold Daniel Law LLC), Atlanta, David Lipscomb, (Attorney at Law), Lawrenceville, Neil Wilcove, Elizabeth Marquardtt, Christopher Brock, (Miller & Martin PLLC), Atlanta, Matthew Friedlander, (Webb Daniel Friedlander LLP), Atlanta, for appellee.
Case number: A23A1458

Court partially reverses summary judgment for a company and its majority owner in a derivative and breach of fiduciary duty action

Glass et al. v. Faircloth et al.
Publication Date: 2024-04-11
Practice Area: Trusts and Estates
Industry:
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Letitia McDonald, Lohr Beck-Kemp, Peter Diaz, (King & Spalding LLP), Atlanta, Robert Reeves, Thomas Tate, Robert Thomas, Dana Lohrberg, (Andersen, Tate & Car, P.C.), Duluth, Nathan Hovey, (Georgia Department of Law), Atlanta, Mandi Goodman, Atlanta, for appellant.
For defendant: Gerald Davidson, (Mahaffey Pickens Tucker, LLP), Lawrenceville, J. Randolph Evans, Derek Centola, (Squire Patton Boggs), Atlanta, James Lamberth, (Troutman Pepper Hamilton Sanders LLP), Atlanta, Dara Mann, (Squire Patton Boggs LLP), Atlanta, James Manley, Jill Kuhn, (Troutman Sanders LLP), Atlanta, Zachary Johnson, (Georgia Department of Law), Atlanta, Charli Davis, Atlanta, for appellee.
Case number: A23A1402

Court reverses injunction for former trustees' legal fees in Trust dispute, and affirms that no reimbursement of fees paid to former trustees is required

Lovell v. The State
Publication Date: 2024-04-10
Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Judge Watkins
Attorneys:
For plaintiff: Kevin Gough, (Attorney at Law), Brunswick, for appellant.
For defendant: Charles Higgins, (District Attorney’s Office for the Brunswick Judicial Circuit), Brunswick, Benjamin Gephardt, (District Attorney’s Office, Brunswick Judicial Circuit), Kingsland, for appellee.
Case number: A23A1484

Court affirms denial of defendant's request to present additional mitigating evidence on resentencing for obscene Internet contact with a child and related crimes

Latium USA Trading, LLC v. Smith
Publication Date: 2024-04-05
Practice Area: Contracts | Damages
Industry: Construction
Court: Georgia Court of Appeals
Judge: Presiding Judge Miller
Attorneys:
For plaintiff: Charles Van Horn, Jeremy Kahn, (Berman Fink Van Horn P.C.), Atlanta, for appellant.
For defendant: Catherine Gibson, (The Gibson Law Firm, LLC), Atlanta, for appellee; Richard Wayne, Matthew Tokajer, (Richard C. Wayne & Associates, P. C.), Atlanta, for other party.
Case number: A23A1262

Court reverses part of a default judgment due to improper calculation of loss of use damages in a case involving faulty window installation, but affirms all other aspects of the judgment

Statham v. Quang et al.
Publication Date: 2024-04-05
Practice Area: Medical Malpractice
Industry: Health Care
Court: Georgia Court of Appeals
Judge: Judge Markle
Attorneys:
For plaintiff: Michael Horner, (Middle Georgia Access to Justice Council, Inc.), Atlanta, W. Reynolds, Bradley Survant, (Reynolds, Horne & Survant), Macon, for appellant.
For defendant: Julye Johns, (Huff Powell & Bailey, L.L.C.), Atlanta, David Nelson, Norman Pearson, (Chambless, Higdon, Richardson, Katz & Griggs, LLP), Macon, for appellee.
Case number: A23A1419

Court affirms order that surgeons are not vicariously liable for medical student's errors during surgery, but notes that surgeons may bear direct liability for negligent supervision

Edwards et al. v. Dixon et al.
Publication Date: 2024-04-04
Practice Area: Contracts | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Presiding Judge McFadden
Attorneys:
For plaintiff: M. Pippenger, (Puryear Law Group PLLC), Chattanooga, for appellant.
For defendant: Archibald Farrar, Catherine Jackson, (Farrar & Corbin PC), Summerville, for appellee.
Case number: A23A1586

Court reverses summary judgment order that favored sellers in a dispute over a real estate purchase option agreement, finding that there was valid and adequate consideration for the agreement

Baker v. The State
Publication Date: 2024-04-03
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Justice Warren
Attorneys:
For plaintiff: Donald Franklin Samuel, (Garland, Samuel & Loeb, P.C.), Atlanta, James Travis Griffin, (Hogue Hogue Fitzgerald & Griffin, LLP), Macon, for appellant.
For defendant: Patricia B. Attaway Burton, Paula Khristian Smith, Christopher M. Carr, Clint Christopher Malcolm, Ashleigh Dene Headrick, (Department of Law), Atlanta, George Herbert Hartwig, Rodrigo L. Silva, William Marshall Kendall, (Houston County District Attorney's Office), Perry, for appellee.
Case number: S23A0860

Court reverses malice murder conviction due to admission into evidence of a rap music video showing the defendant with a gun, which the court deemed to be more prejudicial than probative

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