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  • Goddard v. State

    Publication Date: 2012-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Anthony Carter Public Defender's Office, Monroe, for appellant.
    for defendant: Layla Zon, District Attorney, and Melanie Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A12A0504

    The Court vacated the denial of the defendant's speedy trial motion because the trial court erred in calculating the pretrial delay and misapplied the Barker v. Wingo fa

  • Lingo v. Smith

    Publication Date: 2012-05-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A0712

    The trial court retained jurisdiction over the dispossessory proceeding because the defendant's petition for removal to federal court was unt

  • Simmons v. State

    Publication Date: 2012-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Cris E. Schneider The Schneider Law Firm LLC, Richmond Hill, for appellant.
    for defendant: John T. Durden Jr., District Attorney, and Sandra Dutton, Assistant District Attorney, Hinesville, for appellee.
    Case Number: A11A2093

    The trial court plainly erred in imposing a 10-year felony sentence for a Schedule II violation, as such a sentence was well outside the statutory range of one to five

  • Diplomat Constr. Inc. v. State Bank of Texas

    Publication Date: 2012-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: James M. Johnson Knight Johnson LLC, and Ariel D. Zion The Bloom Law Firm LLP, Atlanta, for appellant.
    for defendant: . Joshua J. Lewis, Eric J. Taylor Parker Hudson Rainer & Dobbs LLP, and Paul H. Anderson Jr., Atlanta, for appellee.
    Case Number: A11A1836

    The testimony of the lender's valuation expert supported the trial court's conclusion that the auction price for the entire leasehold interest was

  • State v. Hipp

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William J. Langley, District Attorney, Blairsville, and Jeremy D. Clough, Assistant District Attorney, Hiawassee, for appellant.
    for defendant: Jeffrey L. Wolff, Dahlonega, for appellee.
    Case Number: A11A2322

    The trial court lacked the authority to grant the defendant post-conviction immunity pursuant to O.C.G.A. § 16-3

  • Littlefield Constr. Co. v. Bozeman

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: George T. Talley and Edward F. Preston Coleman Talley LLP, Valdosta, for appellant.
    for defendant: Keenan R. S. Nix, Christopher J. Graddock Morgan & Morgan PA, Atlanta, Scott C. Crowley and Bobby L. Scott Day Crowley LLC, Columbus, for appellee.
    Case Number: A11A2363

    The employer did not produce uncontradicted evidence that his employee was not acting within the scope of his employment when he rear-ended the plaintiff's ve

  • Pinnacle Benning LLC v. Clark Realty Capital LLC

    Publication Date: 2012-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Marcus B. Calhoun Jr., William L. Tucker, Thomas F. Gristina, April H. Hocutt Page, Scrantom, Sprouse, Tucker & Ford PC, Columbus, Joe D. Whitley, Stephanie L. Oginsky and Michael J. King Greenberg Traurig LLP, Atlanta, for appellant.
    for defendant: . Jerry A. Buchanan, Lori M. Leonardo Buchanan & Land, Columbus, Jeffrey L. William, Donna M. Welch and Daniel C. Moore Kirckland & Ellis LLP, Chicago, Ill., for appellees.
    Case Number: A11A2408

    The trial court did not err in dismissing the plaintiff's derivative action for failure to make a formal demand upon the manager of the limited-liability corporation to bring the

  • Alden v. State

    Publication Date: 2012-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Norman H. Cuadra and Gregory E. Vanison Sr., Lawrenceville, for appellant.
    for defendant: Rosanna M. Szabo, Solicitor General, and Erica K. Dove Solicitor General's Office, Lawrenceville, for appellee.
    Case Number: A11A2015

    The modified bond conditions that the trial court imposed after the defendant failed to appear at his arraignment and bond forfeiture hearings did not constitute punishment prohibiting his subsequen

  • Christopher v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Matthew T. Dale Public Defender's Office, Tifton, for appellant.
    for defendant: Denise D. Fachini, District Attorney, and Henry O. Jones III, Assistant District Attorney, Cordele, for appellee.
    Case Number: A11A2421

    The defendant could not show prejudice from any deficiency in his trial counsel's performance because the defendant admitted that he was at the scene of the shooting and fired his gun, and four eyew

  • DB50 2007-1 Trust v. Dixon

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Kyle S. Kotake Morris, Schneider & Prior LLC, Atlanta, for appellant.
    for defendant: . James E. Carter Hurt, Stolz & Cromwell LLC, Athens, and Peter J. Rice Jr., Greensboro, for appellee.
    Case Number: A11A1726

    The trial court lacked jurisdiction to enter a permanent injunction after the defendants filed a notice of removal to federal district court and before the district court remanded the