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  • McClain v. State

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Randall M. Clark, Brunswick, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, and Jonathan R. Miller III District Attorney's Office, Brunswick, for appellee.
    Case Number: A06A2115

    Given the overwhelming evidence, the defendant could not show prejudice from defense counsel's strategic decision not to object to questioning, which referred to defendant's invocation of his right

  • Nemeth v. RREEF Am. LLC

    Publication Date: 2007-03-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Glenn A. Loewenthal Berger, Collier & Loewenthal LLC, Atlanta, for appellant.
    for defendant: Benny C. Priest Hicks, Casey & Foster PC, Marietta, and Alisa W. Ellenburg Allen, Kopet & Assocs. PLLC, Atlanta, for appellees.
    Case Number: A06A2373

    The uneven and unstable surface of the patio where the plaintiff fell was a static defect, which plaintiff presumably knew about, because he had already successfully traversed the

  • Hammontree v. State

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Richard O. Allen, Atlantic Beach, Fla., for appellant.
    for defendant: Richard E. Currie, District Attorney, and Kurt J. Martin, Douglas, for appellee.
    Case Number: A06A2367

    Defendant's actions on night in question, when he repeatedly made inappropriate sexual comments to his daughter's 15-year-old overnight guest and exposed his erect penis to her, were admissible as

  • Anaya-Plasencia v. State

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Mark A. Yurachek The Law Offices of Mark A. Yurachek & Assoc., Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Nancy J. Dupree, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A06A1919

    Mexican national's statement to police was voluntarily given, even though he was not advised of his right to consulate notification under the Vienna Conve

  • Putzel Elec. Contractors Inc. v. Jones

    Publication Date: 2006-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: R. Napier Murphy and William R. Shelton Jr. Murphy & Sibley PC, Macon, for appellant.
    for defendant: . Henry S. Barnett, Atlanta, for appellee. Other party representation: Lee Southwell Board of Workers' Compensation, and Mark J. Goodman Swift, Currie, McGhee & Hiers, Atlanta.
    Case Number: A06A1039

    The employee's workers' compensation claim for work-related asbestosis was timely filed pursuant to O.C.G.A. § 34-9-281, since he filed it within one year of first learning of the causal connection

  • Layfield v. Department of Transp.

    Publication Date: 2006-12-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Alfred N. Corriere, Albany, for appellant.
    for defendant: Timothy J. Buckley III, Kelly R. Webb Finley & Buckley PC, Thurbert E. Baker, Attorney General, and Reagan W. Dean, Assistant Attorney General, Atlanta, for appellees.
    Case Number: A04A1786

    An expert's opinion regarding the proximate cause of an accident was not speculative and the expert's credibility was a matter for the jury to d

  • Maynard v. State

    Publication Date: 2006-12-15
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Christopher A. Townley, Rossville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, and Christopher A. Arnt, Assistant District Attorney, LaFayette, for appellee.
    Case Number: A06A1229

    The trial court harmfully erred in allowing the state to cross-examine the defendant about his refusal to discuss the allegations of aggravated child molestation st him, in violation of the rul

  • Chatham Orthopaedic Surgery Ctr. LLC v. White

    Publication Date: 2006-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Brent J. Savage Savage, Turner, Pinson & Karsman, Savannah, for appellant.
    for defendant: . Benjamin H. Brewton Tucker, Everitt, Long, Brewton & Lanier, Augusta, for appellee.
    Case Number: A06A1381

    The trial court erred in ruling that the plaintiffs, a group of orthopedic surgeons, whom defendant represented, did not properly allege in their complaint and in their pretrial order that defendant

  • Anthony v. State

    Publication Date: 2006-12-08
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Wystan B. Getz Oakhurst Law Group of Getz LLC, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A06A1694

    The trial court did not violate O.C.G.A. § 17-8-57 in characterizing the defendant's testimony as evasive and instructing him to give direct responses on cross-examin

  • Jackson v. State

    Publication Date: 2006-12-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, Nigel R. Lush and Leonora Grant, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A06A1978

    The defendant's plea in bar was properly denied because his trial counsel's decision to request a mistrial was not the result of any improper conduct by the