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  • Riggs v. State

    Publication Date: 2012-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1662

    The trial court properly denied the defendant's motion to withdraw his guilty plea, as the defendant had confirmed that he understood the charges pending against him, the rights that he was waiving

  • Kothari v. Tessfaye

    Publication Date: 2012-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ellington, John J.
    Attorneys: For plaintiff: J. Bertram Levy Fine & Block Attorneys, Atlanta, for appellant.
    for defendant: . Samira J. Martin Jones Martin LLC, Atlanta, for appellees.
    Case Number: A12A1106

    The trial court erred in ruling that the parties' consent judgment was void due to impossibility of performance and to lack of mutuality, as the consent judgment could not be void under OCGA § 9-12-

  • Jaraysi v. Sebastian

    Publication Date: 2012-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Thomas E. Cauthorn III and Leslie D. O'Neal Cauthorn Nohr & O'Dell PC, Marietta, for appellant.
    for defendant: . C. Lee Davis Bailey Davis Brown & Sutton LLC and Kenneth S. Waldrop, Marietta, for appellees.
    Case Number: A12A0917

    The trial court erred in finding that the landlord breached a subsequent oral agreement to provide security, additional lighting, and to complete construction of an office building across the street

  • Smith v. State

    Publication Date: 2012-10-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Edward Dettmar Public Defenders Standard Council, Cartersville, for appellant.
    for defendant: Leigh Patterson, District Attorney, and Natalee Staats, Assistant District Attorney, Rome, for appellee.
    Case Number: A12A1083

    The evidence supported the finding that the defendant and her co-defendant were involved in a scheme to cash stolen c

  • Cox v. State

    Publication Date: 2012-09-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Deborah Fluker The Fluker Law Firm PC, Lawrenceville, for appellant.
    for defendant: Daniel Porter, District Attorney, and Jennifer Taylor, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A12A1096

    The trial court was not required to discuss each of the six factors suggested in Bradley v. State with the pro se def

  • Callaham v. State

    Publication Date: 2012-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Robert Wadkins and Victoria Novak Public Defender's Office, Columbus, for appellant.
    for defendant: Julia Slater, District Attorney, and Letitia Sikes Chattahoochee Judicial Circuit, Columbus, for appellee.
    Case Number: A12A1082

    The trial court's restitution order on retrial, along with a straight prison term with no probation, was proper even though it increased the defendant's original sen

  • Sabb v. State

    Publication Date: 2012-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William Sheppard, Tucker, for appellant.
    for defendant: Daniel Porter, District Attorney, and Marlene Zekser, District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A12A0904

    The evidence sufficiently established that the defendant had joint constructive possession of cocaine found in her renta

  • Kegler v. State

    Publication Date: 2012-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Charles Rooks Public Defender's Office, Colquitt, for appellant.
    for defendant: Thomas Earnest, District Attorney, Cuthbert, for appellee.
    Case Number: A12A0967

    The defendant owned the digital scales with cocaine residue found during a warrant search, was present when the accomplices discussed the cocaine, got the bag of cocaine out of the microwave when po

  • Douglas v. State

    Publication Date: 2012-08-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Mark Yurachek The Law Offices of Mark Allen Yurachek & Assoc., Atlanta, for appellant.
    for defendant: Tommy Floyd, District Attorney, and Blair Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A12A1263

    The trial court improperly denied the defendant's m to withdraw his guilty plea because the defendant did not have counsel for the m

  • Georgia Dep't of Revenue v. Moore

    Publication Date: 2012-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Warren Calvert, and Frances Mulderig, Attorney General's Office, Atlanta, for appellant.
    for defendant: Jefferson Allen and Jeffrey Cohen Cohen, Cooper, Estep, & Allen LLC, Atlanta, for appellee.
    Case Number: A12A0216

    After the Department of Revenue voluntarily refunded part of a tax assessment to a corporation's co-owner, it could not pursue the other co-owner for the remaining amoun