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  • Houston v. Phoebe Putney Mem. Hosp. Inc.

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Laura M. Shamp Brown & Shamp, Atlanta, for appellant.
    for defendant: . Carl R. Langley Langley & Lee, Albany, for appellees.
    Case Number: A08A1844

    The trial court erred in dismissing the medical malpractice plaintiff's complaint for failure to file a legally sufficient expert affi

  • Lankford v. State

    Publication Date: 2009-01-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Maryellen Simmons, Assistant Chief Public Defender, and Jason W. Swindle Drummond & Swindle, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A09A0208

    The defendant was not entitled to a separate trial where his trial involved only three jointly-charged defendants, each man's role in the crimes was fairly well-defined and their defenses were not a

  • Collins v. Dickman

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: W. Carl Reynolds and Bradley J. Survant Reynolds & McArthur, Macon, for appellant.
    for defendant: . Robert P. Monyak Peters & Monyak LLP, Susan V. Summers, Trisha L. Lewis Goldner, Sommers, Scrudder & Bass, and Rush S. Smith Jr. Hall, Booth, Smith & Slover PC, Atlanta, for appellees.
    Case Number: A08A1725

    The evidence showed that the plaintiff's expert had not engaged in the active practice or teaching of anesthesiology for three of five years preceding the plaintiff's su

  • Pincherli v. State

    Publication Date: 2009-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A09A0247

    The evidence supported the defendant's conviction for cocaine trafficking based on a traffic stop, which resulted in the seizure of approximately three kilos of cocaine hidden inside the engine of t

  • Perry v. State

    Publication Date: 2009-01-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard K. Murray, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, and Barry S. Minter, Assistant District Attorney, Chatsworth, for appellee.
    Case Number: A08A1913

    The excluded testimony of the defendant's expert about an aggressor's ability, opportunity and harmful intent involved common sense concepts within the average juror'

  • Morton v. Glynn County Bd. of Tax Assessors

    Publication Date: 2008-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1499; A08A1500; A08A1501

    The county board of tax assessors did not improperly include an intangible benefit in assessing the appellants' Sea Island properties' fair market value, since the board based its appraisals

  • Whitten v. Wooten

    Publication Date: 2008-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0882

    No evidence showed that the defendants used force ' "maliciously or sadistically for the very purpose of causing harm," ' in attempting to restrain the plaintiff, who was a pre-tri

  • Thompson v. State

    Publication Date: 2008-12-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A07A2306

    The state did not ' "use up" ' evidence of the defendant's prior felony conviction to establish a firearms charge, since the prosecutor only offered evidence of defendant's

  • CityplaceHamptonv. Nesmith

    Publication Date: 2008-12-05
    Practice Area:
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    Court: Court of Appeals
    Judge:
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1887

    Although trial courts can delay the full implementation of an upward child support modification via a phase-in, under O.C.G.A. § 19-6-15, trial courts must provide for some amount, equal to or

  • Moore v. State

    Publication Date: 2008-12-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A2295

    The defendant timely filed a special demurrer to his indictment on charges that he molested his stepdaughter eight days after his arraig