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  • Walker v. State

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Kathryn E. Rhodes, Fortson, for appellant.
    for defendant: John G. Conger, District Attorney, and Crawford L. Seals District Attorney's Office, Columbus, for appellee.
    Case Number: A10A1937

    The trial court's statement when ruling on an objection did not bolster the witness' credibility in violation o G.A. § 17-8-57, because sustaining or overruling an objection is not a violation

  • Davenport v. State

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Cinque M. Axam Axam-Roberts Legal Group, Riverdale, for Davenport. Robert L. Mack Jr. Mack & Harris PC, Stockbridge, for Walsh. Tracy G. Lawson, District Attorney, and Anece Baxter, Assistant District Attorney, Jonesboro, for appellee.
    for defendant:
    Case Number: A10A1750; A10A1751

    The trial judge did not err in commenting on venue and the open-container charge after both the state and defense rested because the comments were made outside the jury's presence, the case was reop

  • Flint v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for Sanchez Flint. Jessica R. Towne Clark & Towne PC, Lawrenceville, for Terrail Flint. Daniel J. Porter, District Attorney, and Nigel R. Lush, Assistant District Attorney, Lawrenceville, for appellee.
    for defendant:
    Case Number: A10A1884; A10A1885

    Theft by receiving is not a lesser included offense of armed robbery but is a separate offense proved by an entirely different set of

  • Hines v. State

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Cinque M. Axam Axam Roberts Legal Group, Decatur, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Anece B. White, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A10A2059

    Counsel's failure to object to DNA evidence was presumed strategic because defendant passed up the opportunity to question counsel on this point at the hearing on his motion for a new

  • Rayner v. State

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Billy L. Spruell, Marietta, for appellant.
    for defendant: Penny A. Penn, District Attorney, and Sandra A. Partridge, Chief Assistant District Attorney, Cumming, for appellee.
    Case Number: A10A2356

    The trial court did not err in excluding alleged evidence of the victim's prior false allegations of a sexual nature or in forbidding the defendant from cross-examining the victim and others on such

  • Brown v. State

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Tawanna K. Morgan Davis Bozeman Law Firm, Decatur, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Caroline C. Owings, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A10A1960

    The state made a prima facie case of racial discrimination by showing that the defendant used all of his peremptory challenges against Caucasian j

  • Welch v. State

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Barbara M. Collins, Riverdale, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A10A2295

    The defendant did not show that defense counsel was deficient for failing to inquire into a hearing-impaired juror's ability to understand the witnesses' testimony, since the defendant provided no e

  • Crisler v. Haugabook

    Publication Date: 2011-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: J. Edward Allen Jr. and Jeffrey W. DeLoach Fortson, Bentley & Griffin PA, Athens, for appellant.
    for defendant: . Howard J. Strickland Jr. Jones, Cork & Miller, Macon, and F. Gregory Melton Davis & Melton PC, Dalton, for appellees.
    Case Number: A10A1644

    Prejudgment interest for liquidated damages is mandatory, not discretionary, and is awarded as a matter o

  • Crowe v. Elder

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Thomas M. Strickland, Watkinsville, for appellant.
    for defendant: Kevin E. Epps and J. Edward Allen Jr. Fortson, Bentley & Griffin PA, Athens, for appellee.
    Case Number: A10A1808

    Res judicata barred the plaintiff's because her instant breach of contract involved the same parties and arose out of the same facts as her previous fraud

  • Cox v. Altus Healthcare and Hospice Inc.

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Burton F. Dodd Fisher & Phillips, Atlanta, for appellant.
    for defendant: Christopher E. Parker, Michael P. Kohler and Sonya R. Madison Miller & Martin PLLC, Atlanta, for appellee.
    Case Number: A10A2331

    The employment covenants in question were unenforceable on their face because they were conditions of employment that contained neither a time nor personnel limitation and barred even unsolicited co