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  • Jefferson v. State

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jessica I. Benjamin Public Defender's Office, Athens, for Jefferson. Thomas J. Killeen Public Defender's Office, Athens, for Edwards. Kenneth W. Mauldin, District Attorney, Raquel C. Stokes and Jon R. Forwood, Assistant District Attorneys, Athens, for appellee.
    for defendant:
    Case Number: A11A1295; A11A1296

    The trial court erred in allowing the state to introduce expert opinion testimony that a piece of duct tape found at the scene came from a roll of duct tape found in the co-defendant's car, as the s

  • McGregor v. River Pond Farm LLC

    Publication Date: 2011-12-09
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    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Alfred N. Corriere, Albany, for appellants. Jesse G. Bowles III, Cuthbert, for appellee.
    for defendant:
    Case Number: A11A1244

    The special master used incorrect law in determining that the plaintiff has a prescriptive easement over a road on the defendants' property due to adverse possession for a period in excess of seven

  • Williams v. Capitol Corp. Cleaning Inc.

    Publication Date: 2011-12-09
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: John F. Daugherty and Laura H. Mirmelli Greer, Klosik, Daugherty & Swank, Atlanta, for appellant. James W. Hardee Fain, Major, Wiley & Brennan, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1229

    In a slip and fall case, the trial court did not err by instructing the jury that where a defendant is an independent contractor performing janitorial services, it has no independent duty to inspect

  • Jefferson v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Jessica I. Benjamin Public Defender's Office, Athens, for Jefferson. Thomas J. Killeen Public Defender's Office, Athens, for Edwards. Kenneth W. Mauldin, District Attorney, Raquel C. Stokes and Jon R. Forwood, Assistant District Attorneys, Athens, for appellee.
    for defendant:
    Case Number: A11A1295; A11A1296

    The trial court erred in allowing the state to introduce expert opinion testimony that a piece of duct tape found at the scene came from a roll of duct tape found in the co-defendant's car, as the s

  • Pounds v. Brown

    Publication Date: 2011-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: W. Pitts Carr Carr Tabb Pope & Freeman LLP, Atlanta, and Hylton B. Dupree Jr. Dupree & Kimbrough LLP, Marietta, for appellants. David H. Flint Schreeder, Wheeler & Flint LLP, Michael Weinstock, Richard V. Merritt Weinstock & Scavo PC, Dwight J. Davis King & Spalding, Leo E. Reichert, F. Barry McCabe, Atlanta, Harbert S. Gregory Jr. Brock, Clay, Calhoun & Rogers PC, Robert B. Silliman Awtrey & Parker, Marietta, and S. Lester Tate III Akin & Tate, Cartersville, for appellees.
    for defendant:
    Case Number: A10A0497

    Because the issue on appeal concerned uncontroverted evidence regarding the acts taken by the Board subsequent to the trial court's approving the agreement and the legal determination of whether su

  • Whooping Creek Construction LLC v. Bartow County Bank

    Publication Date: 2011-07-29
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Thomas E. Parmer Price, Pyles, Dangle, Palmer & Rooks PC, Carrollton, for appellant.
    for defendant: William M. Akin Akin & Tate, Cartersville, for appellee.
    Case Number: A11A0574

    Factual issues remained as to whether a bank had actual knowledge that funds in question were being held for purpose of discharging a debt owed to the plai

  • Collins v. State

    Publication Date: 2011-07-29
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John H. Bradley Public Defender's Office, Millegeville, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Charles L. Guerin IV and Daniel B. Cochran, Assistant District Attorneys, Millegeville, for appellee.
    Case Number: A11A0045

    Any error in the trial court admitting testimony that the defendant was the victim's first sexual partner was harmless, as it was cumulative of the victim's other testimony regarding this same fact,

  • Thomas v. State

    Publication Date: 2011-07-22
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Statesboro, and Brian A. Deal, Assistant District Attorney, Springfield, for appellee.
    Case Number: A11A0126

    The Court reversed the defendant's kidnapping conviction because the movement of the victim was incidental to the assault and did not isolate the victim from protection or r

  • City of Atlanta v. Benator

    Publication Date: 2011-07-22
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Laurance J. Warco, John H. Fleming, Allegra J. Lawrence-Hardy Sutherland, Asbill & Brennan, Laura Sauriol-Gibris City of Atlanta Law Dep't, John M. Parsons and Amanda M. Conley Parsons Law Group, Atlanta, for the city of Atlanta. Edward A. Webb, Matthew C. Klase Webb, Klase & Lemond, John M. Parsons and William L. Pratt, Atlanta, for Benator. Alfred B. Adams III, Vernon M. Strickland Holland & Knight LLP and Rodney K. Strong Griffin & Strong PC, Atlanta, for K & V Meter Automation. Rodney K. Strong Griffin & Strong PC, Atlanta, for Metals & Materials Engineers. Other party representation: Kimberly R. Ward Holland & Knight, Theodore Freeman, T. Bart Gary, Jacob E. Daly Freeman, Mathis & Gary LLP, William L. Pratt, Atlanta.
    for defendant:
    Case Number: A11A0769; A11A0770; A11A0771; A11A0772

    In a case of first impression, the Court held that ante litem notice must be provided separately for each named plaintiff in a class action la

  • Hale v. State

    Publication Date: 2011-07-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Kristen C. Quinton, Macon, for appellant.
    for defendant: Charles A. Spahos, Solicitor General, and Joseph L. Stone Solicitor General's Office, McDonough, for appellee.
    Case Number: A11A0327

    The trial court's error in informing the jury of the existence of excluded Intoxilyzer 5000 test results when instructing the jury on the differences between Georgia's two types of DUI, was harmless