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  • Wester v. State

    Publication Date: 2008-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1286

    The trial court erroneously sentenced the defendant as a recidivist under the state's general recidivist statute, O.C.G.A. § 17-10-7, instead of the specific recidivist statute applicable

  • Homeowners Mortgage of Amer. Inc. v. Chase Home Fin. LLC

    Publication Date: 2008-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0858

    New Jersey procedure allows a defendant to safely obtain additional time to answer a complaint without waiving its personal jurisdiction de

  • Bee v. State

    Publication Date: 2008-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1480

    Given the victim's testimony, the defendant could not show prejudice from his counsel's alleged failure to sufficiently interview a witness before

  • Sampler v. State

    Publication Date: 2008-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A2212; A08A2213

    The court erred in failing to perform the required legal analysis before joining the defendant's two indictments for

  • Middlebrooks v. State

    Publication Date: 2008-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1408

    The defendant failed to show how the trial court violated his due process rights by lay in appointing new appellate counsel, after his prior appellate counsel filed a motion to withdraw, since

  • Stevens v. State

    Publication Date: 2008-10-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1581

    The trial court did not err in charging the jury that an aggravated assault occurs when the assault is likely to or actually does result in a serious bodily injury, even though the indictment more n

  • Waller v. Rymer

    Publication Date: 2008-10-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1087

    The trial court's failure to define the clear and convincing evidence standard in its punitive damages charge did not require reversal under O.C.G.A. § 5-

  • In re Estate of Boss

    Publication Date: 2008-10-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1081

    Given the evidence presented and the fact that there was no binding fee arrangement between the attorney, who represented the caveators to the decedent's purported will and the decedent's es

  • Daimler Chrysler Motors Co. v. Clemente

    Publication Date: 2008-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A0870; A08A0871; A08A0872

    Agreement between automobile manufacturer and an authorized dealer stated that neither was the other's

  • Young v. Stump

    Publication Date: 2008-10-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1381

    The decedent's ex-wife waived and all claims to his retirement accounts, including an IRA, as part couple's joint settlement agreement and the settlement agreement operated as waiver