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  • Clarke v. Freeman

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Andrew M. Scherffius III, Gregory R. Eagle Andrew M. Scherffius PC, Atlanta, and Randy J. Ebersbach Kam, Ebersbach & Lewis, Newnan, for appellant.
    for defendant: . Robert D. Ware, Meka B. Ward County Attorney's Office, Ralph I. Knowles Jr., Sheryl L. McCalla Doffermyre, Shields, Canfield, Knowles & Devine, Theodore Freeman, Freeman Mathis & Gary LLP, Matthew R. LaVallee Daley, Koster & LaVallee, Atlanta, William T. Mitchell, Karen E. Woodward Cruser & Mitchell, Norcross, Jack R. Hancock and Pamela F. Everett Freeman Mathis & Gary LLP, Forest Park, for appellees. Other party representation: Terry E. Williams, Jason C. Waymire, Buford, Jolanda E. Herring Hollowell Foster & Herring PC, Douglas R. Kertscher Hill, Kertscher & Wharton LLP, Tiffany C. Sellers, Thomas G. Sampson Thomas, Kennedy, Sampson & Tompkins, Coy J. Johnson Jr. County Attorney's Office, James E. Dearing Jr., Atlanta, and Paul I. Hotchkiss Freeman Mathis & Gary LLP, Forest Park.
    Case Number: A09A2339, A09A2340

    The trial court erred in dismissing the appellants' emotional distress claims, because the defendants were aware either of a specific threat to employees in the judge's chambers or of the weapon tha

  • Head v. State

    Publication Date: 2010-04-02
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Douglas C. Vassy, Solicitor General, Carrollton, for appellee.
    Case Number: A09A2039

    The evidence was insufficient to support the defendant's DUI-less safe conviction, because the state did not show that the presence of a cocaine metabolite and Alprazolam in the defendant's blood r

  • Semega v. State

    Publication Date: 2010-04-02
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Shamsideen O. Laguda, Atlanta, and Francis O. Kadiri, Stone Mountain, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn District Attorney's Office, Decatur, for appellee.
    Case Number: A09A2255

    The trial court erred in replacing a holdout juror, who did not agree with other jurors on the defendant's

  • Allen v. State

    Publication Date: 2010-04-02
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Charles A. Jones Jr. Jones Appellate Law Practice PC, Athens, and Jonathan L. Sharpley, Atlanta, for appellant.
    for defendant: Dennis C. Sanders, District Attorney, Durwood R. Davis, Rindi L. Harbeson, Assistant District Attorneys, and Kevin R. Majeska District Attorney's Office, Thomson, for appellee.
    Case Number: A09A1983

    Defendant's new ineffective assistance claims were procedurally b

  • Allen v. State

    Publication Date: 2010-04-02
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jeffery A. Rothman Daniels & Rothman PC, Athens, for appellant.
    for defendant: Carroll R. Chisholm Jr., Solicitor General, and Markus Boenig Solicitor General's Office, Athens, for appellee.
    Case Number: A09A1737

    The trial court was authorized to conclude that the prosecutor's burden-shifting opening statement was not intentional and the state was not trying to goad defendant into moving for a mistrial in o

  • Dobbs v. State

    Publication Date: 2010-03-19
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jason W. Swindle Drummond & Swindle and Maryellen Simmons, Assistant Chief Public Defender, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne C. Allen and David P. Taylor, Assistant District Attorneys, Carrollton, for appellee.
    Case Number: A10A0494

    The trial court erred in sentencing defendant as a recidivist, because the state did not introduce any evidence that he had previously pled guilty or been convicted of any

  • McGowan v. State

    Publication Date: 2010-03-19
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James D. Lamb, Columbus, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Carrollton, for appellee.
    Case Number: A09A2288

    The trial court did not improperly bolster the victim's credibility in allowing the victim's mother and the treating nurse and doctor to testify, because the witnesses were testifying on their opini

  • Barrs v. Acree

    Publication Date: 2010-03-12
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Thomas P. Allen III Martin Snow LLP, Macon, for appellant.
    for defendant: Daniel L. Studstill Studstill Firm LLP, Nashville, and Markie E. Perry II, Valdosta, for appellees.
    Case Number: A10A0230

    The trial court did not err in granting summary judgment to defendant on whether defendant was liable to plaintiff for fire, because fendant was not defendant's employee, no evidence showed tha

  • Rasnick v. Krishna Hospitality Inc.

    Publication Date: 2010-02-26
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James M. Poe Warshauer, Poe & Thornton, Atlanta, for appellant.
    for defendant: . David F. Root and Hugh M. Ruppersburg Carlock, Copeland & Stair LLP, Atlanta, for appellee.
    Case Number: A09A2259

    A hotel owner had no duty to comply with the plaintiff's requests to check on, and possibly attempt a rescue of her husband, because the hotel owner did not create the peril and Georgia courts have

  • Johnson v. State

    Publication Date: 2010-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John G. Edwards, Valdosta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, for appellee.
    Case Number: A10A0322

    The evidence was sufficient to convict defe for carrying a concealed weapon, because police found a knife when they searched defe