Liliana Yearns

Results from field sobriety tests for DUI drug investigation found admissible in establishing probable cause

A driver charged with DUI contested the suspension of his license on the grounds that the officer lacked probable cause for the arrest. Specifically, he asserted that the State Field Sobriety Tests (SFSTs) conducted at the scene should not be used for a finding of impairment because the tests had not been validated for drugs […]

Results from field sobriety tests for DUI drug investigation found admissible in establishing probable cause Read More

Full-time student meets 80-hour “qualifying activities” requirement for Pathways Medicaid program

A student had her application for the Medicaid Pathways program denied for failing to have 80 hours of “qualifying activities” a month.  The student appealed, arguing that the rigor and time commitment of her full-time master’s degree program was not accurately reflected by the State agency’s policy of converting 10 credit hours to 40 hours

Full-time student meets 80-hour “qualifying activities” requirement for Pathways Medicaid program Read More

Daycare’s license revocation reversed due to insufficient proof of facility’s awareness of employee arrest

The Department of Early Care and Learning revoked the license of a daycare after the facility failed to conduct a required comprehensive background check following the arrest of one of its employees. The Court reversed the revocation, finding that the agency did not present sufficient evidence that the facility knew or reasonably should have known

Daycare’s license revocation reversed due to insufficient proof of facility’s awareness of employee arrest Read More

Candidate in special election for House District 125 seat prevails in residency challenge

This case involved a residency challenge to candidate CJ Pearson, who entered a special election for the seat in Georgia House District 125.  The Court concluded Mr. Pearson sufficiently proved he had been a resident of the district for at least one year. Initial Decision adopted by the Secretary of State.

Candidate in special election for House District 125 seat prevails in residency challenge Read More

Judge grants involuntary dismissal due to insufficient evidence of multiple IDEA violations

A student and his parents sought relief under the Individuals with Disabilities Education Act (IDEA) following allegations that the school district failed to properly and timely evaluate the student using a Functional Behavioral Analysis (FBA); failed to implement a Behavior Intervention Plan (BIP); and failed to implement the accommodations in his Individualized Education Plan (IEP).

Judge grants involuntary dismissal due to insufficient evidence of multiple IDEA violations Read More

Court upholds denial of billboard permit, rejects challenges to nearby advertisement’s permit validity

The Court affirmed the denial of a company’s request for an off-premises sign permit, on the grounds that the proposed billboard would unlawfully fall within 100 feet of an existing sign dictated by a pre-existing permit. The applicant had argued that the pre-existing permit should be excluded from spacing calculations because its utilization of an

Court upholds denial of billboard permit, rejects challenges to nearby advertisement’s permit validity Read More

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