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Publication Date: 2024-06-06 Practice Area:Criminal Law | Evidence Industry: Court:Georgia Court of Appeals Judge:Judge Watkins Attorneys:For plaintiff: Nicole Baker, (Georgia Public Defender Council), Acworth, for appellant. for defendant: Lee Darragh, (District Attorney, NEJC of GA Northeastern Judicial Circuit), Gainesville, Patrick Shuler, (Hall County District Attorney’s Office), Gainesville, for appellee. Case Number: A24A0518
Court affirms convictions in an attempted rape and aggravated assault case over defendant's challenges to admission of evidence and allegations of cumulative error
Publication Date: 2024-06-06 Practice Area:Civil Procedure | Real Estate Industry:Real Estate Court:Georgia Court of Appeals Judge:Judge Watkins Attorneys:For plaintiff: Jonathan Barash, (Law Office of Jonathan A. Barash), Atlanta, William Cromwell, (Carter Cromwell Law Firm, P.C.), Atlanta, for appellant. for defendant: Lori Christman, Louis Levenson, (Levenson & Associates), Atlanta, for appellee. Case Number: A24A0370
Court vacates summary judgment order that had been in favor of a landlord in a dispossessory action for failure to hold an oral argument, notwithstanding withdrawal of request for argument
Publication Date: 2024-06-06 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Judge Markle Attorneys:For plaintiff: Jad Johnson, Victor Aloisio, (Office of the Public Defender, Lookout Mountain Judicial Circuit), Lafayette, for appellant. for defendant: Clayton Fuller, John Franklin, (Lookout Mountain Circuit District Attorney’s Office), LaFayette, for appellee. Case Number: A24A0010
Court affirms convictions for drug possession and trafficking and rejected defendant's claims of improper exclusion of evidence and ineffective assistance of trial counsel
Publication Date: 2024-06-05 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Presiding Judge Doyle Attorneys:For plaintiff: John Bradley, (Ocmulgee Circuit Public Defender’s Office), Milledgeville, for appellant. for defendant: Tuttle Barksdale, (Ocmulgee Circuit District Attorneys Office), Eatonton, for appellee. Case Number: A24A0217
Court affirms child molestation convictions and rejects ineffective counsel claim over his trial counsel's decision not to strike and remove a juror for cause
Publication Date: 2024-06-04 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Judge Land Attorneys:For plaintiff: John Fitzner, Aaron Palmer, (Middle Judicial Circuit District Attorney’s Office), Swainsboro, Jamey Sherrod, (Office of the District Attorney For Middle Judicial Circuit of Georgia), Lyons, for appellant. for defendant: Brandi Payne, (Middle Circuit Public Defenders Office), Swainsboro, for appellee. Case Number: A24A0331
Court affirms suppression of evidence in police encounter lacking probable cause for a stop and the subsequent escalation of the encounter to a second tier
Court reverses order denying attorney fees and mandating document production, and affirms dismissal of defamation claim on the basis of Georgia's anti-SLAPP statute
Publication Date: 2024-05-31 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Presiding Judge McFadden Attorneys:For plaintiff: Forrest Shealy, (Attorney at Law), Marietta, for appellant. for defendant: Flynn Broady, Elizabeth York, (District Attorney Cobb Judicial Circuit), Marietta, for appellee. Case Number: A24A0534
Court affirms convictions in child cruelty and battery case over defendant's challenges to his indictment and the constitutionality of a statute, and claims of ineffective assistance of counsel
Publication Date: 2024-05-30 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Presiding Judge Dillard Attorneys:For plaintiff: Steven Miller, (Attorney at Law), Summerville, for appellant. for defendant: Anna Johnson, Samir Patel, Erle Newton, (Cherokee Judicial Circuit - District Attorney’s Office), Cartersville, for appellee. Case Number: A24A0533
Court affirms conviction in child molestation case and rejects defendant's claim of ineffective assistance of counsel; over failure to object to jury's consideration of notes written by defendant
Publication Date: 2024-05-30 Practice Area:Criminal Law Industry: Court:Georgia Court of Appeals Judge:Presiding Judge McFadden Attorneys:For plaintiff: David West, (David West & Associates), Marietta, for appellant. for defendant: Patricia Brooks, Winder, James Smith, (District Attorney), Jefferson, Hannah McLear, (Barrow County Da’s Office), Winder, for appellee. Case Number: A24A0126
Court affirms child abuse convictions and rejects defendant's challenges to circumstantial evidence and trial procedures, admission of certain evidence, and claims of ineffective assistance