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  • Chisolm v. Tippens

    Publication Date: 2008-02-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A07A2356

    The school district and school district employees were immune from the pro se plaintiff's federal and state tort c

  • Gardner v. State

    Publication Date: 2008-02-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A07A1790

    The armed robbery defendant failed to show an actual conflict of interest adversely affected his attorney's perfor

  • Rosandich v. State

    Publication Date: 2008-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A07A1749

    The DUI defendant's suppressed breath test results were admissible as impeachment evidence after the defendant testified that he consumed a limited amount of alcohol on the night in que

  • Defrancisco v. State

    Publication Date: 2008-01-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A07A1598

    The defendant removed a gun from his waistband and pointed it at an officer's midsection, causing the officer to fear for his

  • 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