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  • 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

  • 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