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  • Boggs v. State

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jennifer R. Burns, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Melanie Higgins, Assistant District Attorney, Savannah, for appellee.
    Case Number: A10A0269

    Officers saw the defendant and his accomplice flee from a man left in a crumbled heap on a sidewalk in downtown Savannah and saw the defendant drop the man's stolen backpack during pu

  • Bryant v. State

    Publication Date: 2010-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David L. Whitman, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Christa L. Kirk District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A10A0970

    The trial court did not err in denying the defendant's motion to sever charges related to a rape and burglary from his eight other burglary charges, since all of the charges against him clearly show

  • Sirdah v. North Springs Assocs. LLLP

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Donald C. Suessmith Jr. McCurdy & Candler, Decatur, Salmeh K. Fodor, Alicia C. King and Bijan Kasraie Marchman Kasraie LLC, Atlanta, for appellant.
    for defendant: J. Bertram Levy Fina & Block Attorneys, Atlanta, Isidor J. Kim Kim & Yang LLC, Duluth, for appellee.
    Case Number: A10A0329

    The general rule is that the duty to mitigate damages set forth in O.C.G.A. § 13-6-5 does not apply to lease cont

  • Rucker v. State

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Angela B. Dillon, Norcross, for appellant.
    for defendant: Patrick H. Head, District Attorney, Amelia G. Pray and Albert T. Reeves Jr., Assistant District Attorneys, Marietta, for appellee.
    Case Number: A10A0704

    The defendant failed to satisfy his burden of proving ' "an infringement of his rights or a procedural irregularity" ' with regard to his prior plea to cocaine possession, after the state proved the

  • Jones v. State

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Daniel D. Morgan, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and John A. Tully District Attorney's Office, Rome, for appellee.
    Case Number: A10A1298

    The state was not required to show that the defendant knew he was within 1,000 feet of public housing to support a conviction under OCGA § 16-13

  • Arnold v. State

    Publication Date: 2010-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen R. Scarborough, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Albert T. Reeves Jr. and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A10A0410

    The trial court properly denied the defendant's motion to suppress, because police officers were authorized to handcuff the defendant and pat him down for weapons, since the defendant behaved in a t

  • Allen v. Santana

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Edward R. Downs Jr., Riverdale, for appellant.
    for defendant: Stephanie S. Moore, Riverdale, for appellee.
    Case Number: A10A0717

    Res judicata did not bar the appellee's suit for a writ of possession to a vehicle or his suit to collect on a secured debt, because no court of competent jurisdiction previously adjudicated the me

  • Beach v. B.F. Saul Property Co.

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Joe A. Weeks, Avondale Estates, for appellant.
    for defendant: . Joseph D. Perrotta, Alpharetta, for appellee.
    Case Number: A09A1770

    Summary judgment was improper in the instant case, in light of witness' testimony that an elevator had malfunctioned in the past and the building owner's own re

  • Lamb v. Javed

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Wayne Grant, Kimberly W. Grant Wayne Grant PC, and L. Lin Wood Jr. Powell Goldstein LLP, Atlanta, for appellant.
    for defendant: . Hunter S. Allen Jr., Simuel F. Doster Jr. and Gary R. McCain Allen McCain & O'Mahony PC, and Ashley D. Phillips Hall Booth Smith & Slover PC, Atlanta, for appellees.
    Case Number: A09A2234

    The trial s judgment should not be disturbed, because the plaintiffs did not show any error or basis for reversal, nor any error in the transfer of the case to the trial

  • Turner Broadcasting System Inc. v. David McDavid

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James A. Lamberth Troutman Sanders, Atlanta, and Thomas G. Hungar Gibson, Dunn & Crutcher LLP, Washington, D.C., for appellant.
    for defendant: Steven J. Rosenwasser, Joshua F. Thorpe and Jill Pryor Bondurant Mixson & Elmore, Atlanta, for appellee. Other party representation: Hugh B. McNatt Balch & Bingham and Jeffrey J. Swart Alston & Bird LLP, Atlanta.
    Case Number: A09A2314

    There was sufficient evidence for the jury to find an enforceable oral contract, since the defendant made many objective manifestations of intent to be bound, including statements such as we have a