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  • Konecny v. State

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Eric J. Taylor, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A11A0184

    The discovery of the victim's body in the defendant's truck corroborated his accomplice's account that the defendant masterminded the arson to destroy evidence at the crime

  • Byrd v. State

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Robert L. Wadkins Public Defender's Office, Columbus, for appellant.
    for defendant: Julia A. Slater, District Attorney, Wayne Jernigan and Jennifer E. Dunlap, Assistant District Attorneys, Columbus, for appellee.
    Case Number: A10A2279

    O.C.G.A. § 17-8-57 required a new trial because the trial court clearly expressed its opinion that the state proved

  • Sandlin v. State

    Publication Date: 2011-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: D. Scott Cummins Stemberger, Cummins & Arnall PC, Newnan, and Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Robert Stokely, Solicitor General, and Stephen J. Tuggle, Assistant Solicitor, Newnan, for appellee.
    Case Number: A10A2197

    O.C.G.A. § 40-6-391 a 6 is unconstitutional on equal protection grounds with regard to the prescription drug alprazolam, and, Love v. State, 271 Ga. 398 1999, does not require a showing that the de

  • Cruickshank v. Fremont Investment & Loan

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kenneth Cruickshank, Powder Springs, proceeded pro se. Frank R. Olson McCurdy & Candler LLC, Decatur, and Kelly L. Atkinson Troutman Sanders LLP, Atlanta, for appellee.
    for defendant:
    Case Number: A10A2178

    The record showed that the first defendant served the plaintiff with its response within the 30-day period as O.C.G.A. § 1-3-1 d 3 req

  • Fletcher v. State

    Publication Date: 2010-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: William C. Head, Atlanta, and Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Penny A. Penn, District Attorney, and Sandra A. Partridge, Chief Assistant District Attorney, Cumming, for appellee.
    Case Number: A10A1374

    Evidence supported defendant's conviction for DUI less safe, even though police performed no field sobriety tests due to his injuries, because the evidence showed that defendant lost control of his

  • Milligan v. State

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Billy L. Spruell, Marietta, for appellant.
    for defendant: Lee Darragh, District Attorney, and Alison W. Toller, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A10A1343

    A charge conference is not a stage of a criminal proceeding invoking a defendant's right to be pr

  • Triple Eagle Assocs. Inc. v. PBK Inc.

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: S. Renee Huskey and Cary Ichter Ichter Thomas LLC, Atlanta, for appellant.
    for defendant: Ann M. Vaughn, Kenya L. Patton and Jack C. Lance Jr., Blairsville, for appellees.
    Case Number: A10A0988

    The trial court erred in holding that a settlement agreement requiring property to be "marketed" within a "suitable period of time" was unenforceable for lack of certainty and definit

  • Mallory v. State

    Publication Date: 2010-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lance D. Dutton Public Defender's Office, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Suzanne Z. Brookshire District Attorney's Office, Cartersville, for appellee.
    Case Number: A10A1130

    The state did not act in bad faith or knowingly withhold evidence when it failed to timely produce two supplemental reports prior to trial because the it gave defendant the information contained in

  • Worthy v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Pandora E. Palmer, Katherine E. Fagan Smith, Welch & Brittain LLP and J. Scott Key, McDonough, for appellant.
    for defendant: Richard G. Milam, District Attorney, Jackson, and Jason S. Johnston, Assistant District Attorney, Barnesville, for appellee.
    Case Number: A10A1388; A10A1389

    Defendant's indictment was valid and any error in reversing the denial of his plea in abatement was harmless, even though a jury commissioner and the clerk of the board of jury commissioners did not

  • Naraine v. City of Atlanta

    Publication Date: 2010-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Horatio O. Edmondson and Yemane K. Clarke, Stone Mountain, for appellant.
    for defendant: Laura Sauriol, Tamara N. Baines and Tressa P. Marryshow City of Atlanta Law Dep't, Atlanta, for appellee.
    Case Number: A10A0862

    The city of Atlanta was entitled to sovereign immunity from the plaintiff's action alleging that the city negligently maintained a fountain and failed to remove ice from a city sidewalk, causing her