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  • Grant v. Kooby

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Bradley W. Bledsoe and Ernest C. Trammell, Anderson, S.C., for Grant. Hunter S. Allen Jr. Cara E. Weiner Allen, McCain & O'Mahoney PC and Simuel F. Doster Jr., Atlanta, for Kooby.
    for defendant:
    Case Number: A11A0237; A11A0335

    The trial court erred in denying defendants' motion to dismiss the plaintiff's appeal for failing to timely pay the bill of costs without first making the required findings of

  • Wesby v. State

    Publication Date: 2011-07-08
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Joshua B. Smith Public Defender's Office, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A11A0276

    Evidence of the defendant's presence near the scene of the crime in possession of an item stolen during the crime and defendant's non-truthful statements to the police supported his convic

  • Amador v. State

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Christopher R. Geel, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Allen R. Knox, Assistant District Attorney, and John R. Edwards District Attorney's Office, Marietta, for appellee.
    Case Number: A11A0563

    Any error in excluding as hearsay testimony possibly implying that the victim's mother had previously harmed the victim was harmless because it was cumulative of other evi

  • J&D Trucking v. Martin

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Gerald R. Ryan Jr. Allen, Kopet & Assocs. PLLC, Valdosta, for appellant.
    for defendant: Robert L. Lambert Jr., Barney, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Compensation, Atlanta, and Marci R. Rosenberg, Dunwoody.
    Case Number: A11A0660

    The trial court erred in reversing an order of the Appellate Division of the State Board of Workers' Compensation because the Appellate Division failed to make any substituted findings of fact, whic

  • Coleman v. State

    Publication Date: 2011-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John L. Tracy Public Defender's Office, Sylvester, for Jennifer A. Coleman. Norman J. Crowe Jr., Sylvester, for Brent C. Coleman. Clifford P. Bowden, District Attorney, Tifton, and Ronnie A. Wheeler, Assistant District Attorney, Sylvester, for appellee.
    for defendant:
    Case Number: A10A2254, A10A2255

    The prejudicial effect of a statement implicating the defendants' character could not be corrected by a curative instruction because evidence against the defendants was not overwhe

  • Benedict v. State Farm Bank FSB

    Publication Date: 2011-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: C. M. Benedict, Ponte Vedra Beach, Fla., proceeded pro se. Adwoa G. Seymour Bryan Cave LLP and John C. Patton Lewis, Brisbois, Bisgaard & Smith LLP, Atlanta, for appellee.
    for defendant:
    Case Number: A10A2289

    Plaintiff failed to state a claim for intentional infliction of emotional dis because his complaint alleged neither humiliation, embarrassment, fright, extreme outrage, nor severe emotional dis

  • 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