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  • Ditman v. State

    Publication Date: 2009-12-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Timothy B. Lumpkin, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Allen R. Knox, John R. Edwards, Assistant District Attorneys, and Marc D. Cella, Marietta, for appellee.
    Case Number: A09A2020

    The 36-month delay prejudiced the defendant because he was not unable to locate a material witness, whose testimony would have lent credence to his claim that he did not sexually abuse the witness's

  • Craigo v. Azizi

    Publication Date: 2009-12-11
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ronald I. Kaplan and Jay D. Lukowski Kaplan & Lukowski LLP, Atlanta, for appellant.
    for defendant: . Wade K. Copeland and Ashley E. Sexton Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellees.
    Case Number: A09A1917

    The trial court's abuse of discretion with regard to the adequacy of the plaintiffs' expert witness's years of anesthesiology practice did not require reversal because the affiant did not meet licen

  • Smith v. State

    Publication Date: 2009-12-04
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and Elizabeth A. Baker, Assistant District Attorney, for appellee.
    Case Number: A09A1144

    Trial counsel was not deficient for failing to request a continuance to secure missing witnesses, who would have given cumulative test

  • Roberts v. Pointer

    Publication Date: 2009-12-04
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Raymond R. Grant II Cruiser & Mitchell, Norcross, Frederick M. Valz III and Erica L. Parsons Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellant.
    for defendant: Randy J. Ebersbach Kam, Ebersbach & Lewis, Newnan, for appellee.
    Case Number: A09A1448

    Trial court erred in denying the defendant's motion for a continuance due to the unavailability of an expert witness, because the pre-trial order specifically allowed the defendant to reserve the r

  • Bd. of Regents of the Univ. System of Georgia v. Casey

    Publication Date: 2009-12-04
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Joan G. Crumpler, Assistant Attorney General, Atlanta, and Brian F. Dorsey, Marietta, for appellant.
    for defendant: . George D. Bush and Martin C. Puetz, Augusta, for appellee. Other party representation: James S. V. Weston Hull, Towill, Norman, Barrett & Salley PC, Augusta.
    Case Number: A09A0797

    A medical expert's opinion derived from applying his medical knowledge and experience with previous cases to plaintiff's medical records and deposition testimony was admis

  • Hollis & Spann, Inc. v. Hopkins

    Publication Date: 2009-12-04
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Vanice H. Sikes Jr., Alpharetta, for appellant.
    for defendant: Richard H. Middleton JR., Savannah, for appellee. Other party representation: Ryburn C. Ratterree and Kimberly C. Harris Ellis, Painter, Ratterree & Adams, Savannah.
    Case Number: A09A1224

    Fact questions existed as to whether an independent contractor who constructed a handicap access ramp negligently performed the ramp constru

  • Kringle v. Elliott

    Publication Date: 2009-12-04
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John C. Cotton, Cordele, for appellant.
    for defendant: Charles A. Shenton IV Young, Thagard, Hoffman, Smith & Lawrence, Valdosta, for appellee.
    Case Number: A09A1043

    The dog owner was entitled to a directed verdict on the issue of her dog's propensity to

  • Lewis v. Nicholas Fin. Inc.

    Publication Date: 2009-12-04
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Andrew H. Agatston, Marietta, for appellant.
    for defendant: Scott R. King Slater & King, Atlanta, for appellees.
    Case Number: A09A2072

    Under O.C.G.A. § 11-9-609 b 2, a secured party may take possession of the secured collateral without judicial process, only if the repossession proceeds without a breach of the

  • Bergen v. State

    Publication Date: 2009-12-04
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David J. Dunn Jr. Public Defender's Office, LaFayette, and Deborah L. Allen, Assistant Public Defender, Ringgold, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, and Melissa A. Pittman District Attorney's Office, Ringgold, for appellee.
    Case Number: A09A2350

    The trial court erred in revoking more than two years of the defendant's probation in the absence of evidence that he committed a f

  • Reynolds Properties, Inc. v. Bickelmann

    Publication Date: 2009-11-06
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kristine R. Tarrer, Eatonton, for appellant.
    for defendant: Thomas P. Allen III Martin Snow LLP, Macon, for appellee. Other party representation: Ned Blumenthal Weissman, Nowak, Curry & Wilco PC, Atlanta.
    Case Number: A09A1164

    A realty was not entitled to a commission where the buyers and sellers agreed to terminate the real estate sales contract and to release all parties from their responsibil