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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

Ameriprise Holdings, Inc. v. Kathy McCampbell, as Surviving Child of Etta McCampbell, et al.
Publication Date: 2024-04-16
Practice Area: Civil Procedure
Industry: Financial Services and Banking
Court: Georgia Court of Appeals
Judge: Presiding Judge Doyle
Attorneys:
For plaintiff: Thomas Byrne, Stacey Mohr, Samantha Darnell, (Eversheds Sutherland (US) LLP), Atlanta, for appellant.
For defendant: Andrew Evans, (Attorney at Law), Atlanta, for appellee; Kevin Quirk, (Quirk & Quirk, LLC), Atlanta, for Other Party.
Case number: A23A1736

Court reverses denial of a motion to set aside a default judgment in a garnishment case due to use of an incorrect garnishment form

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

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

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

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

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

Jimenez v. Houseboats on Lanier, Inc. et al.
Publication Date: 2024-04-08
Practice Area: Contracts
Industry: Brokerage
Court: Georgia Court of Appeals
Judge: Judge Fuller
Attorneys:
For plaintiff: Ashley Hughes, Oniss Cardenas, (Oliver Hughes LLC), Woodstock, for appellant.
For defendant: Gregory Jay, (Chandler, Britt & Jay, LLC), Buford, for appellee; Daniel Parr, (Weaver Law Firm), Gainesville, Franklin Patterson, (Bart Patterson & Associates LLC), Gainesville, for Other Party.
Case number: A23A1551

Court affirms summary judgment for a bot brokerage firm in houseboat purchase dispute based on purchase agreement's merger clause and language disclaiming warranties

CLS Entertainment, Inc. v. Kenkam, LLC
Publication Date: 2024-04-08
Practice Area: Contracts | Real Estate
Industry: Real Estate
Court: Georgia Court of Appeals
Judge: Judge Gobeil
Attorneys:
For plaintiff: Kenneth Newby, Nicholas Bacon, (Newby Law Group, LLC), Atlanta, for appellant.
For defendant: Kimberly Ellison, Wayne Kendall, (Wayne B Kendall PC), Fayetteville, John Strauss, (John J. Strauss PC), Kennesaw, Robert Dukes, (Dukes Williams, LLC), Atlanta, for appellee.
Case number: A23A1546

Court reverses post-settlement trial court orders that were contrary to the terms of the settlement in a dispute over a dispossession action relating to a commercial lease and property purchase

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

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