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  • Thomas v. The Emory Clinic Inc.

    Publication Date: 2013-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Vincent Lauria, Atlanta, and Charles Cork, Macon, for appellant.
    for defendant: Benjamin Ladner, Melanie Taylor, and Brian Trulock Bendin Sumrall & Ladner LLC, for appellee.
    Case Number: A12A2337

    The admission of hearsay deposition testimony from the doctor who removed the medical malpractice plaintiff's lesion was harmful, since it related to the core issue about which evidence was conflic

  • Hines v. State

    Publication Date: 2013-04-09
    Practice Area:
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    Court: Court of Appeals
    Judge:
    Attorneys: For plaintiff: Cinque Axam Axam-Roberts Legal Group, Decatur, for appellant.
    for defendant: Tracy Lawson, District Attorney, Elizabeth Baker, Deputy Chief Assistant District Attorney, and Billy Dixon, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A12A2455

    The trial court did not abuse its discretion in denying the defendant's motion to strike a prospective juror who was a former corrections officer and worked in private security, since a member of th

  • Castaneira v. State

    Publication Date: 2013-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Elizabeth Bradley, Atlanta, for appellant.
    for defendant: Scott Ballard, District Attorney, Robert Smith, Assistant District Attorney, and Jeremy Hayes District Attorney's Office, Fayetteville, for appellee.
    Case Number: A12A2149

    The evidence did not support a jury charge on mistake in fact, since the defendant continued his contact with the intended victim, engaging in sexually explicit conversations and arranging to meet

  • Richards v. Horton Inc.

    Publication Date: 2013-04-08
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    Court: Court of Appeals
    Judge:
    Attorneys: For plaintiff: Mark Richards, Conyers, for appellant.
    for defendant: Trevor Hiestand, Ashley Rice Waldon Adelman Castilla Hiestand & Prout, Jerald Hanks Hanks Brookes LLC, Jason Darneille Crim & Bassler LLP, Thomas Sippel, Jatrean Sanders Leitner, Williams, Dooley & Napolitan PLLC, Philip Savrin Freeman Mathis & Gary, William Harrison, Barry Noeltner, Atlanta, Charles Willcox Moore, Clarke, Duvall & Rodgers, Albany, and Craig Allen, Chattanooga, Tenn., for appellees.
    Case Number: A12A1814

    The plaintiff had standing to pursue his claims against a homebuilder for alleged defective construction of his home under 11 U.S.C. § 554 c, since those claims were abandoned back to him when his b

  • Ellicott v. State

    Publication Date: 2013-04-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Bernard S. Brody Brody Law Firm, Atlanta, for appellant.
    for defendant: Scott L. Ballard, District Attorney, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A12A2036

    The defendant could not present evidence of his reputation for nonviolence from the two proffered witnesses, since neither of them were familiar with the defendant's reputation in the community in w

  • JAMES EARL LEMONS, Appellant v. THE STATE OF TEXAS, Appellee

    Publication Date: 2013-04-04
    Practice Area:
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    Date Filed: 2013-04-04
    Court: COURT OF APPEALS OF TEXAS, SIXTH DISTRICT, TEXARKANA
    Judge: Bailey C. Moseley
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 06-12-00128-CR

    COURT OF APPEALS OF TEXAS, SIXTH DISTRICT, TEXARKANAJAMES EARL LEMONS, Appellant v. THE STATE OF TEXAS, Appelleep cla

  • LECHRISTOPHER CHARLES ALLEN, Appellant v. THE STATE OF TEXAS, Appellee

    Publication Date: 2013-04-03
    Practice Area:
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    Date Filed: 2013-04-03
    Court: COURT OF APPEALS OF TEXAS, SIXTH DISTRICT, TEXARKANA
    Judge: Jack Carter
    Attorneys: For plaintiff:
    for defendant:
    Case Number: 06-12-00166-CR

    COURT OF APPEALS OF TEXAS, SIXTH DISTRICT, TEXARKANALECHRISTOPHER CHARLES ALLEN, Appellant v. THE STATE OF TEXAS, App

  • Brown v. State

    Publication Date: 2013-04-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Alixe Steinmetz Public Defender's Office, Atlanta, for appellant.
    for defendant: Robert James, District Attorney, Decatur, and Daniel Quinn, Assistant District Attorney, Marietta, for appellee.
    Case Number: A12A2308

    The defendant conspired with other employees at his place of employment to falsify their overtime records in exchange for a portion of their unearned pay and non-accomplice witnesses corroborated th

  • Henderson v. State

    Publication Date: 2013-04-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Albert Palmour and Steven Miller, Summerville, for appellant.
    for defendant: Leigh Patterson, District Attorney, and Harold Goldin, Assistant District Attorney, Rome, for appellee.
    Case Number: A12A2240

    The State proved the defendant's knowledge e ages e children depicted performing sexual acts on DVDs and computer movie files that the defendant possessed, through the admission of portion

  • Bryant v. State

    Publication Date: 2013-03-28
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Adam Hames The Hames Law Firm, Atlanta, for appellant.
    for defendant: Paul Howard, District Attorney, and Marc Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A12A2394

    The trial court did not abuse its discretion in removing an ill juror during deliberations and replacing her with an alternate juror, since it verified the juror's sudden illness, reported its findi