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Durden v. The State
Publication Date: 2024-04-17
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Justice McMillian
Attorneys:
For plaintiff: Angela Dillon, Columbus, Ryan C. Malone, (Georgia Public Defender Council), Macon, for appellant.
For defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Christopher M. Carr, Mary Catherine Norman, (Department of Law), Atlanta, Stacey Sherrard Jackson, Cynthia Dawn McDonald, (Chatahoochee Circuit District Attorney’s Office), Columbus, for appellee.
Case number: S24A0270

Court affirms felony murder conviction over defendant's challenge to a Detective's testimony and claims of jury instruction error, but vacates armed robbery conviction due to merger doctrine error

Richardson v. The State
Publication Date: 2024-04-17
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Justice LaGrua
Attorneys:
For plaintiff: Dillon McConnell, (The Office of the Appellate Defender), Atlanta, for appellant.
For defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Christopher M. Carr, Matthew Blackwell Crowder, (Department of Law), Atlanta, Fani T. Willis, Kevin Christopher Armstrong, Ruth M. Pawlak, (Fulton County District Attorney’s Office), Atlanta, for appellee.
Case number: S24A0179

Court affirms felony murder conviction over defendant's contentions of improper witness testimony bolstering and ineffective assistance of counsel

Everett v. The State
Publication Date: 2024-04-17
Practice Area: Criminal Law
Industry:
Court: Georgia Supreme Court
Judge: Justice Bethel
Attorneys:
For plaintiff: Daniel Horne Petrey, (Dekalb County Public Defender’s Office), Decatur, for appellant.
For defendant: Patricia B. Attaway Burton, Clint Christopher Malcolm, Meghan Hobbs Hill, Christopher M. Carr, Sarah Jane Thomas, (Department of Law), Atlanta, Fani T. Willis, Kevin Christopher Armstrong, Mario Kladis, (Fulton County District Attorney’s Office), Atlanta, for appellee.
Case number: S24A0396

Court affirms convictions for felony murder and other crimes over defendant's claims of jury instruction error on justification and ineffective assistance of counsel

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

Green v. The State
Publication Date: 2024-04-15
Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Judge Rickman
Attorneys:
For plaintiff: Kathleen Anderson, (Attorney at Law), Winder, for appellant.
For defendant: James Smith, (District Attorney), Jefferson, Andrew Brill, (Barrow County District Attorney’s Office), Winder, Rome, for appellee.
Case number: A23A1683

Court affirms defendant's conviction for attempted kidnapping but reverses convictions for attempt to entice a child and simple assault due to insufficient evidence

Logan v. The State
Publication Date: 2024-04-15
Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Judge Rickman
Attorneys:
For plaintiff: Thomas Withers, (Withers Law Firm PC), Savannah, for appellant.
For defendant: Matthew Breedon, Daphne Totten, (Ogeechee Judicial Circuit District Attorney), Springfield, for appellee.
Case number: A23A1661

Court affirms re-indictment of pharmacist on drug charges, denying his challenges based on double jeopardy and statute of limitations, and rejecting claims of prosecutorial misconduct

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

Olsen v. The State
Publication Date: 2024-04-12
Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Judge Rickman
Attorneys:
For plaintiff: Amanda Clark Palmer, Donald Samuel, (Garland, Samuel & Loeb PC), Atlanta, for appellant.
For defendant: C. Cross, Sherry Boston, (DeKalb County District Attorney’s Office DeKalb County Courthouse), Decatur, Lenny Krick, (Assistant District Attorney-Stone Mountain Judicial Circuit), Decatur, for appellee.
Case number: A23A1506

Court reverses police officer's conviction related to use of force policy in a case involving a fatal shooting, but notes that officer may be retried for aggravated assault

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

Grant v. The State
Publication Date: 2024-04-11
Practice Area: Criminal Law
Industry:
Court: Georgia Court of Appeals
Judge: Judge Fuller
Attorneys:
For plaintiff: William Hewitt, (Appellate Attorney GPDC), Savannah, for appellant.
For defendant: Joe Skeens, Billy Nelson, (Office of the District Attorney for the Atlantic Judicial Circuit), Hinesville, for appellee.
Case number: A23A1575

Court affirms convictions for armed robbery and firearm possession over defendant's challenges to sufficiency of evidence, highlighting eyewitness testimony and legal standards on weapon apprehension

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