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  • State v. Stephens

    Publication Date: 2008-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A07A1653

    The state failed to show that the defendant freely and voluntarily consented to search of his blood and urine after he was involved in a fatal vehicular acc

  • Thomas v. State

    Publication Date: 2007-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Larry L. Duttweiler Public Defender's Office, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, and Juliet Aldridge District Attorney's Office, Gainesville, for appellee.
    Case Number: A07A1253

    All p s are required to waive their Fourth Amendment rights as a condition of p

  • Olivaria v. State

    Publication Date: 2007-08-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Niria D. Baggett, Lawrenceville, for appellee.
    Case Number: A07A1271

    The eyewitnesses' identification of the defendant was highly reliable under a totality of factors in the trial court's pattern instruction, despite the trial court's error in charging the jury that

  • Bolden v. Ruppenthal

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Allen W. Bodiford, Stockbridge, for appellant.
    for defendant: James T. McDonald Jr., James C. Fox II Swift, Currie, McGhee & Hiers LLP, and Elizabeth J. Bondurant Carter & Ansley, Atlanta, for appellees.
    Case Number: A07A0591

    The trial court violated required procedures for bifurcation in a case involving punitive damages and the bifurcation unfairly limited topics on which the plaintiff could cross-examine defense witne

  • Coastal Marshlands Protection Committee v. Center for a Sustainable Coast

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, James D. Coots, John E. Hennelly, Assistant Attorneys General, Atlanta, and James A. Chamberlin Jr., Brunswick, for Coastal Marshlands Protection Committee. Christopher K. DeScherer S. Envtl. Law Ctr., Stephen E. O'Day Smith, Gambrell & Russell, Mary M. Asbill Turner Envtl. Law Clinic, Atlanta, and Charles C. Smith Jr. Smith & Floyd, St. Mary's, for Center for a Sustainable Coast. Patricia T. Barmeyer King & Spalding, for Point Peter LLP. Other party representation: R. Todd Silliman King & Spalding, Julie V. Mayfield The Georgia Conservancy, Atlanta, Dana F. Braun Karsman, Brooks & Callaway PC, Frank J. Perch III, Andrew H. Ernst Hunter, MacLean, Exley & Dunn PC, Savannah.
    for defendant:
    Case Number: A07A0752; A07A0753; A07A0897; A07A0934

    The ALJ erred in requi he Coastal Marshlands Protection Committee Committee to consider or regulate any aspect of the developer's adjacent high land and upland residential development in consid

  • Falanga v. Kirschner & Venker PC

    Publication Date: 2007-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Robert A. Falanga Falanga & Chalker, Alpharetta, for appellant.
    for defendant: . Thomas J. Venker Kirschner & Venker PC, and James T. McDonald Jr. Swift, Currie, McGhee & Hiers, Atlanta, for appellees.
    Case Number: A07A0142

    The trial court erred in ruling that O.C.G.A. § 9-3-31's 4-year statute of limitation barred appellants' claim with regard to the appellees' alleged fraudulent billing for appellate work on a federa

  • Golden v. Vickery

    Publication Date: 2007-05-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William M. Akin, Cartersville, for appellant.
    for defendant: . Donald J. Grate and Theodore Freeman Freeman, Mathis & Gary, Atlanta, for appellee. Other party representation: John M. DeFoor II, Mark S. Gannon Savell & Williams LLP, Atlanta, and Bobby L. Cook, Summerville.
    Case Number: A07A0669

    The owner or operator of a high-voltage line has discretion under the High-voltage Safety Act, O.C.G.A. § 46-3-33, to guard against danger from accidental contract by either ' "deenergizing and grou

  • Freese v. Regions Bank NA

    Publication Date: 2007-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Cary S. Wiggins Cook, Youngelson & Wiggins, and Drago Cepar Jr. The Webb Law Group LLC, Atlanta, for appellees. William J. Holley II and Cinnamon V. Davis Parker, Hudson, Rainer & Dobbs, Atlanta, for appellee.
    for defendant:
    Case Number: A06A2154

    O.C.G.A. § 11-4-103 a allows parties to a contract of deposit to change O.C.G.A. § 11-4-406 f's notice provision from 60 to 30 days, the parties did so in their customer agreement and the appellant

  • Hammontree v. State

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Richard O. Allen, Atlantic Beach, Fla., for appellant.
    for defendant: Richard E. Currie, District Attorney, and Kurt J. Martin, Douglas, for appellee.
    Case Number: A06A2367

    Defendant's actions on night in question, when he repeatedly made inappropriate sexual comments to his daughter's 15-year-old overnight guest and exposed his erect penis to her, were admissible as

  • State v. Cauley

    Publication Date: 2006-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Kelly R. Burke, District Attorney, and Timothy M. Marlow District Attorney's Office, Perry, for appellant.
    for defendant: A. James Rockefeller The Rockefeller Law Ctr., Warner Robins, for appellee.
    Case Number: A06A1208

    A parole officer's search pursuant to a special condition of the defendant's parole was valid because officers had reasonable grounds to believe that his vehicle contained