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  • 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

  • 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