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  • Bacchus v. State

    Publication Date: 2013-08-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Anton Rowe Rowe & Rowe LLC, Tucker, for appellant.
    for defendant: Thomas Campbell, Rosemary Greene, District Attorneys, Jana Allen District Attorney's Office, Cartersville, and Stewart Bratcher, Assistant District Attorney, Calhoun, for appellee.
    Case Number: A13A0925

    The defendant waived his sole enumeration of error—that defense counsel rendered ineffective assistance—by choosing to pursue this appeal with the same attorney who defended him at

  • Davis v. State

    Publication Date: 2013-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Louie C. Fraser, District Attorney, and Robert Faircloth District Attorney's Office, Dublin, for appellee.
    Case Number: A13A0703

    Under the rule of lenity, the defendant could not receive the greater sentence imposed for aggravated sexual battery by the version of O.C.G.A. § 16-6-22.2 subsection c applicable after July 1, 2006

  • Thompson v. LaFarge Bldg. Materials Inc.

    Publication Date: 2013-08-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Hylton Dupree and Blake Carl Dupree & Kimbrough LLP, Marietta, for appellant.
    for defendant: Scott Schweber Cohen, Cooper, Estep & Allen, and John Williams Dietrick, Evans, Scholz & Williams, Atlanta, for appellee.
    Case Number: A13A0740

    LaFarge Bldg. Materials v. Pratt, 307 Ga. App. 767 2011, adversely decided the issue of whether the individual defendant's personal guaranty satisfied the Statute of Frauds in this suit on an accoun

  • Radio Perry Inc. v. Cox Commc'n Inc.

    Publication Date: 2013-08-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: G. Grant Greenwood and Thomas James James, Bates, Pope & Spivey, Macon, for appellant.
    for defendant: Thomas Clyde Dow Lohnes, Atlanta, and Robert Gunn Martin, Snow, Grant & Napier, Macon, for appellee.
    Case Number: A13A0399

    In this dispute over whether a cable company was required to continue to carry a local commercial television station, it was possible for the plaintiff to introduce evidence within the framework of

  • Cook v. Forrester

    Publication Date: 2013-07-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A0601; A13A0602

    The defendant doctors were entitled to official immunity in the plaintiff's medical malpractice action because they were full-time faculty members at the Medical College of Georgia and were perform

  • Lee v. CNH Am. LLC

    Publication Date: 2013-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Benjamin Baker Beasley, Allen, Crow, Methvin, Portis & Miles PC, Montgomery, Ala., for appellant.
    for defendant: Brannon Arnold and Johnathan Krawcheck Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellees.
    Case Number: A13A0696

    The trial court did not err in giving the pattern jury charge on assumption of the risk in a product liability action arising from the death of the plaintiff's husband while using a new tractor the

  • Maddox v. State

    Publication Date: 2013-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: H. Bradford Morris and Clinton Teston Public Defender's Office, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, and Wanda Vance, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A13A0795

    The State was not required to prove that the defendant had sole constructive possession of the contraband, as proof of joint constructive possession was sufficient to obtain a conviction for cocaine

  • Janasik v. State

    Publication Date: 2013-07-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge:
    Attorneys: For plaintiff: Ashleigh Merchant The Merchant Law Firm PC, Marietta, for appellant.
    for defendant: Carmen Smith, Solicitor General, R. Leon Benham, and David Ginsburg, Assistant Solicitors General, Atlanta, for appellee.
    Case Number: A13A0253

    Absent a transcript, the State presumably made the requisite showing for admission of a previous DUI conviction to show the DUI-less safe driving defendant's ' "identity, motive, scheme, bent of min

  • Ferrell v. Young

    Publication Date: 2013-07-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Adam Appel Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellant.
    for defendant: Michael Harper, Atlanta, for appellee. Other party representation: Samuel S. Olens, Attorney General, and Devon Orland, Assistant Attorney General, Atlanta.
    Case Number: A13A0560

    The superior court erred in denying the defendant's motion to open default, as it improperly found that he failed to comply with two of the four necessary conditions and thus that it lacked discreti

  • Hunter v. Emory-Adventist Inc.

    Publication Date: 2013-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Joseph King, Atlanta, for appellant.
    for defendant: Natalie Beasman and James Meadows Balch & Bingham, Atlanta, for appellees.
    Case Number: A13A0189

    The defendant hospital was protected from vicarious liability in the medical malpractice lawsuit because it fully complied with Georgia law in posting notice in a public area of the hospital regard