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  • Watts v. State

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brian K. Ross, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie M. Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A10A1383

    Defense counsel's decision not to impeach the defendant's wife with evidence of her prior convictions was a matter of trial ta

  • Hernandez v. State

    Publication Date: 2010-04-09
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Deborah L. Gowen, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Brian V. Patterson, Assistant District Attorney, Athens, for appellee.
    Case Number: A09A2051

    Trial counsel was not ineffective for failing to object to testimony that defendant was on probation, because trial counsel's strategy in not seeking to exclude the testimony was strategic and the e

  • Stephens v. Alan V. Mock Constr. Co. Inc.

    Publication Date: 2010-02-12
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Randall A. Schmidt, Savannah, for appellant.
    for defendant: . Jason Pedigo Ellis, Painter, Ratterree & Adams LLP, Edward R. Stabell III Brennan, Harris & Rominger, Lee C. Mundell, Savannah, and Christopher N. Shuman Mozley, Finlayson & Loggins LLP, Atlanta, for appellee.
    Case Number: A09A1718

    The trial court properly dismissed the plaintiff's claims against an insurance with prejudice on grounds that an enforceable settlement e

  • Ditman v. State

    Publication Date: 2009-12-11
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Timothy B. Lumpkin, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Allen R. Knox, John R. Edwards, Assistant District Attorneys, and Marc D. Cella, Marietta, for appellee.
    Case Number: A09A2020

    The 36-month delay prejudiced the defendant because he was not unable to locate a material witness, whose testimony would have lent credence to his claim that he did not sexually abuse the witness's

  • Taylor v. State

    Publication Date: 2009-12-11
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James B. Stewart III King Law Group, Dublin, for appellant.
    for defendant: Louie C. Fraser, District Attorney, and Chad A. Pritchett, Assistant District Attorney, for appellee.
    Case Number: A09A2191

    The defendant was not prejudiced by trial counsel's failure to impeach the sole eyewitness with a certified copy of the witness's previous criminal conviction, as ample circumstantial evidence linke

  • Pearce v. State

    Publication Date: 2009-12-04
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Macklyn A. Smith, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Lawrenceville, for appellee.
    Case Number: A09A1055

    The trial court did not abuse its discretion in refusing to strike a juror for cause based on the fact that the juror had been a victim of child abuse, since the juror stated that he could set aside

  • Watson v. State

    Publication Date: 2009-09-04
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John D. Rasnick, Manchester, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, for appellee.
    Case Number: A09A1020

    The defendant failed to overcome the strong presumption that his trial counsel acted reasonably in not calling his mother and aunt as witnesses, since neither trial counsel nor either proposed witne

  • Metts v. State

    Publication Date: 2009-04-24
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and David K. Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    Case Number: A09A0202

    The state's re-indictment of the defendant on added and modified charges did not violate his due process rights, since jeopardy had not yet attached to the first indictment and the new indictment di

  • Goodwin v. State

    Publication Date: 2008-12-05
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A2088

    The defendant admitted that he entered a parked vehicle and unsuccessfully demanded that the driver hand over his wallet, then took another victim's purse at gun

  • White v. State

    Publication Date: 2008-08-22
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1373

    Absent a proffer, the defendant could not show prejudice from defense counsel's failure to seek funds for an expert wi