• Gay v. Redland Baptist Church

    Publication Date: 2007-11-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Carl G. Fulp III, Valdosta, for appellant.
    for defendant: . John H. Smith Jr. Young, Thagard, Hoffman, Smith & Lawrence, William A. Turner Jr., Valdosta, and Raleigh W. Rollins Alexander & Vann LLP, Thomasville, for appellee.

    Case Number: A07A1515

    No evidence showed that an act or omission on the defending church's part contributed to a deadly acc

  • Evans v. State

    Publication Date: 2007-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, and Paige E. Boorman, District Attorney's Office, Douglasville, for appellee.

    Case Number: A07A1346

    The defendant did not knowingly and intelligently waive his right to counsel, where the trial court did not discuss possible lesser included offenses, the element of intent, the principle of parties

  • Franklin v. Augusta Dodge Inc.

    Publication Date: 2007-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Allen W. Johnson, Augusta, for appellant.
    for defendant: George R. Hall Hull, Towill, Norman, Barrett & Salley PC, Douglas J. Flanagan, Augusta, and LaShawn W. Terry Hallowell, Foster & Gepp, Atlanta, for appellees.

    Case Number: A07A1333

    The plaintiff's continued use of an allegedly defective truck after the dealer refused to take it back did not preclude his rescission claim, since some evidence showed that the plaintiff could not

  • Austin v. Moreland

    Publication Date: 2007-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Henry D. Green Jr. Green, Johnson & Landers LLP, Atlanta, for Austin and others. Don C. Keenan, Charles H. Allen and Allan L. Galbraith The Keenan Law Firm, Atlanta, for Moreland and others. Other party representation: Tracy M. Field and Robert T. Strang III Arnall, Golden & Gregory LLP, Atlanta.
    for defendant:

    Case Number: A07A1206; A07A1207

    The trial court erred in finding that HIPAA precluded any ex parte communications with the prior treating physicians, regardless of whether such communications included the disclosure of protected h

  • Slone v. Myers

    Publication Date: 2007-10-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Debra Slone and Sonja Ebron, St. Petersburg, Fla., proceeded pro se. Ned Blumenthal, Laura S. Morris Weissman, Nowack, Curry & Wilco PC, Atlanta, Martin C. Jones, Allen W. Bodiford, Stockbridge, and William S. Dominy, Decatur, for appellees.
    for defendant:

    Case Number: A07A1089; A07A1406; A07A2274

    The trial court erred in awarding attorneys' fees under O.C.G.A. § 9-15-14 b in the absence of evidentiary he

  • Breland v. State

    Publication Date: 2007-08-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Holly L. Geerdes Geerdes & Kim, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.

    Case Number: A07A1301

    The trial court did not abuse its discretion in excluding expert test on the reliability of eyewitness identification, since other evidence corroborated the identification test

  • Amstead v. McFarland

    Publication Date: 2007-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Brian C. McCarthy, Roswell, for appellant.
    for defendant: and Emory L. Palmer Carr & Palmer, Atlanta, for appellees, in A07A1357. Randall A. Meincke, Cumming, for appellant, and Allen L. Broughton Broughton & Fernandez, for appellee, in A07A1369.

    Case Number: A07A1357; A07A1369

    Some evidence supported the trial court's award of approximately 1/3 of the quantum meruit fees, to which an attorney claimed her was entitled, since the attorney based his quantum meruit claim on t

  • Trujillo v. State

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Richard O. Allen, Atlantic Beach, Fla., for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Brunswick, and William S. Hart, Woodbine, for appellee.

    Case Number: A07A0936

    Evidence that an officer seized two duffle bags weighing over 50 pounds and containing plant matter, which tested positive rijuana in three separate tests, supported the defendant's conviction

  • Allen v. State

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Tony L. Axam Axam & Adams PA, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Marc A. Mallon, Shepard R. Orlow, Senior Assistant District Attorneys, and Gary S. Hulsey, Assistant District Attorney, Atlanta, for appellee.

    Case Number: A07A0133

    The defendant did not show that the trial court would have dismissed a juror for cause had that juror revealed on voir dire that his uncle was a judge in Florida, who specialized in drug

  • Moorer v. State

    Publication Date: 2007-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: J. Scott Key Sexton, Key & Hendrix PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Alicia C. Gant, Assistant District Attorney, McDonough, for appellee.

    Case Number: A07A0755

    The search of defendant's home was justified as a protective sweep, since it was reasonable for police, who knew there were two armed men involved in the crime, to ascertain if another perpetrator w