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  • Douglas v. State

    Publication Date: 2012-08-24
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    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
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    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

  • Smith v. Cisco

    Publication Date: 2012-07-27
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Brent Savage and Kathryn Pinckney Savage, Turner, Pinckney, & Madison, Savannah, for appellant.
    for defendant: . Jacquelyn Johnson, District Attorney, Nathan Williams Clark & Williams PC, Steven Blackerby, Terry Readdick, Brown Readdick Bumgartner Carter, Brunswick, and Andrew Ekonomou The Lambros Firm LLC, Atlanta, for appellees.
    Case Number: A12A0313; A12A0314

    In a state forfeiture action, the plaintiffs lacked standing to participate in the state's decision-making process concerning which property should be forf

  • Roesser v. State

    Publication Date: 2012-07-27
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Daniel Porter, District Attorney, and Wesley Ross District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A12A0135

    A defendant's acquittal for murder did not bar his retrial following a mistrial on the lesser included offense of voluntary manslau

  • Mayfield v. Heiman

    Publication Date: 2012-07-27
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Patrick Moore, Ross Ginsberg Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, James Voyles and Mark Milhollin The Voyles Milhollin Law Firm, Kennesaw, for appellant.
    for defendant: . Anthony Cochran, Todd Swanson Chilivis Cochran Larkins & Bever LLP, Paul Burke and Eric Mull Drew Eckl & Farnham LLP, Atlanta, for appellees.
    Case Number: A12A0355

    The statute of limitation barred the trust beneficiaries' claims against the trustee for breach of fiduciary duty and breach of trust, and the beneficiaries did not exercise due diligence to discove

  • Slan v. State

    Publication Date: 2012-07-27
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Patrick Longhi, Atlanta, for appellant.
    for defendant: Garry T. Moss, District Attorney, Patricia Hull and Cliff Head, Assistant District Attorneys, Canton, for appellee.
    Case Number: A12A0130

    Defense counsel's lack of objection to certain testimony and failure to move for bifurcation of certain counts were reasonable, tactical decisions that did not amount to ineffective assis

  • Paulding County Ga., Bd. of Comm'rs v. Morrison

    Publication Date: 2012-07-20
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    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Keith Wiener and Allen Hendrick Holland & Knight LLP, Atlanta, for appellant.
    for defendant: . Glen Stinson, Dallas, Thomas Hobgood Hobgood & Rutherford LLC and John Hennelly, Assistant Attorney General, Atlanta, for appellees.
    Case Number: A12A0035; A12A0036; A12A0372; A12A0373

    O.C.G.A. § 9-11-11.1, the anti-SLAPP statute, allows a party defending a lawsuit to preserve its right to seek attorneys' fees and costs if the suit lacks substantial

  • Warbington v. State

    Publication Date: 2012-07-20
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Wystan B. Getz, Decatur, for appellant.
    for defendant: Richard R. Read, District Attorney, and Roberta A. Earnhardt, Senior Assistant District Attorney, Conyers, for appellee.
    Case Number: A12A0242

    A defendant cannot challenge on appeal a ruling allowing his prior convictions to be admitted for impeachment purposes if he did not testify at

  • Elrod v. State

    Publication Date: 2012-07-13
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Timothy Kimble Public Defender's Office, Cartersville, for appellant.
    for defendant: Jana Allen District Attorney's Office, and Gerald Verzaal, Cartersville, for appellee.
    Case Number: A12A0721

    The trial court did not err in allowing the state's expert witness to respond to a hypothetical scenario which the evidence supp

  • Bearden v. State

    Publication Date: 2012-06-29
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John Nuckolls Nuckolls & Nuckolls LLC, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Anna G. Cross, Assistant District Attorney, Marietta, for appellee.
    Case Number: A12A0753

    The defendant received almost $55K in checks to begin construction of two families' modular and then abandoned the projects without accomplishing any task towards completion of the