• Pittman v. Coosa Med. Group PC

    Publication Date: 2009-10-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Stephen V. Kern Kitchens, Kelley & Gaines PC, Atlanta, for appellant.
    for defendant: Virginia B. Harman and Thomas H. Manning Hunter, Stegall, Peek, Harman, Smith & Manning LLP, Rome, for appellee.

    Case Number: A09A2006

    The medical practice had legitimate business interests in enforcing the restrictive covenant of a formerly employed phys

  • Gunn v. State

    Publication Date: 2009-10-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Jason W. Swindle Drummond & Swindle and Maryellen Simmons, Assistant Chief Circuit Public Defender, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne C. Allen and Jeffery W. Hunt, Assistant District Attorneys, Carrollton, for appellee.

    Case Number: A09A1595

    The trial court did not abuse its discretion in admitting evidence of the defendant's prior sexual abuse of three other children to show his intent or state of mind, because the evidence was suffici

  • Smith v. State

    Publication Date: 2009-10-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kenneth D. Kondritzer, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and John O. Williams, Assistant District Attorney, Atlanta, for appellee.

    Case Number: A09A2143

    Defense counsel was not deficient for failing to make a meritless objection to the prosecutor's closing arg

  • Williams v. Baker County

    Publication Date: 2009-10-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John C. Spurlin Spurlin & Spurlin, Tifton, for appellant.
    for defendant: John M. Stephenson Watson, Spence, Lowe & Chambless and Thomas Q. Langstaff Langstaff Law Offices, Albany, for appellee.

    Case Number: A09A1222

    The plaintiff failed to establish that the Baker County employee was acting within the scope of his employment when his personally owned vehicle struck the plaintiff'

  • Boyd v. State

    Publication Date: 2009-10-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, and James A. Dunn, Assistant District Attorney, Cumming for appellee.

    Case Number: A09A1183

    The officers had probable cause to pat-down the defendant for weapons during a lawful traffic stop and to send for a drug dog based on the defen actions and an officer's knowledge of the defe

  • Pinkins v. State

    Publication Date: 2009-09-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.

    Case Number: A09A1636

    The pretrial photographic line-up was not impermissibly sugge

  • DeVente v. Flora

    Publication Date: 2009-09-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Frederick D. Burkey, Atlanta, for appellant.
    for defendant: . Allen W. Bodiford, Stockbridge, for appellee.

    Case Number: A09A1166

    Under O.C.G.A. § 19-7-1 c 1 & 2, the minor decedent's posthumously born child had the exclusive right to pursue a wrongful death claim for her father's hom

  • Stidham v. State

    Publication Date: 2009-09-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Steven M. Harrison Public Defender's Office, Eastman, for appellant.
    for defendant: Timothy G. Vaughn, District Attorney, and Jason O. Waters District Attorney's Office, Eastman, for appellee.

    Case Number: A09A1456

    Both of the co-defendants implicated the defendant in the burglaries in question, corroborated each other's test and the victims corroborated their test

  • McKissick v. S. O . A. Inc.

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Waymon S. Harrell, Perry, for appellant.
    for defendant: Stephen N. Hollomon, Warner Robins, for appellees.

    Case Number: A09A1240

    Genuine issues of material fact remained as to probable cause and malice in the plaintiff's suit alleging malicious prosecution and malicious arrest, arising after he was arrested for allegedly orde

  • Order Homes LLC v. Iverson

    Publication Date: 2009-09-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Clay S. O'Daniel Moore, Ingram, Johnson & Steele LLP, Marietta, and Ronald A. Williamson Shapiro, Fussell, Wedge & Martin LLP, Atlanta, for appellant.
    for defendant: . Kurt R. Hilbert The Hilbert Law Firm, Neil L. Wilcove Freeman, Mathis & Gray LLP, David F. Root Carlock, Copeland & Stair LLP, Brian W. Burkhalter, Stephen Michael Schatz Swift, Currie, McGhee & Hiers, Atlanta, Eric D. Cochling Hutto & Cochling, and C. David Joyner, Buford, for appellees.

    Case Number: A09A0931

    The parties agreed to submit all construction defect claims and ' "all other claims between the parties" ' arising out of the construction of the plaintiffs' new home to arbitr