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  • Over v. State

    Publication Date: 2010-02-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Brian K. Fortner, Solicitor General, and Katherine L. Iannuzzi, Assistant Solicitor General, Douglasville, for appellee.
    Case Number: A09A2357

    The defendant failed to demand a speedy trial for 22 months after his arrest, was not incarcerated pretrial, was not unduly anxious about the pending accusations and showed only minimal prejudice f

  • Love v. State

    Publication Date: 2010-02-12
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John N. Habib, Assistant Public Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Lenny I. Krick, Senior Assistant District Attorney, Atlanta, for appellee
    Case Number: A10A0032

    An apartment complex security guard's testimony that he previously warned the defendant to stay off the premises was admissible and relevant to prove the criminal trespass charge, since it showed t

  • Lamb v. Javed

    Publication Date: 2010-02-05
    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 plaintiffs waived their challenge to the transfer of their case when they failed to challenge the transfer and allowed the case to proceed to a ve

  • Greenwood Homes v. Larue Long

    Publication Date: 2010-01-29
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Adam H. Long and Veronica H. Cope Allen, Kopet & Associates, Atlanta, for appellant.
    for defendant: William R. Carlisle Carlisle Law Firm LLC, Lawrenceville, for appellee.
    Case Number: A08A0843

    O.C.G.A. § 9-11-41 a 1 authorized the plaintiff to voluntarily dismiss her superior court litigation and the result of her action was the dismissal of her case, not the dismissal of her a

  • Fortner v. Grange Mut. Cas. Co.

    Publication Date: 2010-01-29
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kathryn H. Pinckney, Robert B. Turner Savage, Turner, Pinson & Karsman, Savannah, David F. Walbert Parks, Chesin, Walbert & Miller, Atlanta, and Marion T. Pope Jr. Hasty Pope LLC, Canton, for appellant.
    for defendant: Robert R. Gunn II, Thomas P. Allen III, John S. Edwards Martin Snow LLP, Macon, and Irman G. Hodges Oliver Maner LLP, Savannah, for appellee. Other party representation: Jason L. Crawford Daugherty, Crawford, Fuller & Brown LLP, Columbus.
    Case Number: A08A0983

    The trial court's jury charge was not consistent with the safe harbor provision recognized in Cotton States Mut. Ins. Co. v. Brightman, 276 Ga. 683

  • Freese II, Inc. v. Moses

    Publication Date: 2010-01-08
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John P. Webb, Stockbridge, for appellant.
    for defendant: Anthony T. Pete The Pete Firm PC, and Morris P. Fair Jr., Atlanta, for appellees.
    Case Number: A09A2294

    The defendant waived its claims of error regarding a verdict form, which it proffered and the trial court accepted and

  • Duffie v. State

    Publication Date: 2009-12-31
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Steven D. Knittle, Assistant Public Defender, Cordele, for appellant.
    for defendant: Denise D. Fachini, District Attorney, and Cheri L. Nichols, Assistant District Attorney, Cordele, for appellee.
    Case Number: A09A2281

    The state gave race-neutral reasons for its use of peremptory strikes against the only two black potential j

  • Baxter v. Bayview Loan Servicing LLC

    Publication Date: 2009-12-31
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John W. Gibson Gibson, Deal & Fletcher, Norcross, for appellant.
    for defendant: Stefanie H. Jackman and J. Allen Maines Paul Hastings, Janofsky & Walker LLP, Atlanta, for appellees.
    Case Number: A09A1751

    All that is necessary is that a mortgage document ' "clearly indicate the creation of a lien and . . . specify the debt for which it is given and the property upon which it is to take effe

  • Staton v. State Farm Ins. Co.

    Publication Date: 2009-12-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: David F. Guldenschuh, Rome, for appellant.
    for defendant: John A. Owens, J. Clinton Sumner Jr. Magruder & Sumner, Rome, Cubbedge Snow III and Thomas P. Allen III Martin Snow LLP, Macon, for appellee.
    Case Number: A08A1606

    The plaintiff was not a named insured and was not entitled to stack the UM coverage in his employer's insurance policies covering two vehicles that were not involved in the underlying car acc

  • Moore v. State

    Publication Date: 2009-12-18
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Katherine M. Mason, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A09A1047

    The defendant's movement of the victim from a vehicle into a ditch did not constitute asportation, because the movement was minimal in duration, done in the commission of other offenses and did not