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  • Presley v. State

    Publication Date: 2011-02-18
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A07A2440

    Trial courts are required to consider alternatives to courtroom closure, even if no alternatives are pres

  • Dix v. State

    Publication Date: 2011-02-18
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Julianne H. Lynn, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and Melissa L. Himes, Senior Assistant District Attorney, LaGrange, for appellee.
    Case Number: A10A2322

    The trial court did not abuse its discretion in denying the defendant's motion for a mistrial based on the prosecutor's improper remarks during closing argument because the trial court gave the jury

  • In the Interest of J. C.

    Publication Date: 2011-02-18
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Randee J. Waldman and Stephen M. Reba Emory University School of Law Barton Juvenile Defender Clinic, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Robert H. Wilson, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A2124

    A security guard's testimony about his observations of juvenile through a closed-circuit television did not amount to inadmissible hearsay because the testimony was not based on the security guard's

  • Miller v. State

    Publication Date: 2011-02-18
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James K. Luttrell, Canton, for appellant. David L. Cannon Jr., Solicitor General, and Carrie A. McCurdy Solicitor General's Office, Canton, for appellee.
    for defendant:
    Case Number: A10A2269

    The trial court did not err in refusing to give the defendant's req jury charge on opinion evidence because the given charge as a whole substantially covered the principles contained in the re

  • In the Interest of C. A. L.

    Publication Date: 2011-02-11
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Joseph W. Jones Public Defender's Office, Newnan, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Penny Hannah, Assistant Attorney General, Atlanta, and Linda B. Taylor Hunnicutt & Taylor, Newnan, for appellee.
    Case Number: A10A2257

    The juvenile court did not err in finding the child deprived, regardless of parental fault, because evidence showed that she was inappropriately touched and suffered from sexual

  • Douglas v. State

    Publication Date: 2011-02-11
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Penny A. Penn, District Attorney, Cumming, for appellee.
    Case Number: A10A2355

    The evidence supported the defendant's conviction for aggravated as

  • Osorto-Aguilera v. State

    Publication Date: 2011-02-04
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jimmonique R. Rodgers Georgia Public Defenders Standards Council, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A1783

    The trial court did not err in denying the defendant's request to charge the jury on good character, based on his having no criminal record, because simply having no convictions or a clean record is

  • Wheeler v. State

    Publication Date: 2011-02-04
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A2211

    The evidence supported the defendant's convictions for possession of less than one ounce of marijuana and possession of a sawed-off shotgun because the defendant admitted that the contraband belonge

  • Johnson v. State

    Publication Date: 2011-01-07
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John G. Edwards, Valdosta, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, for appellee.
    Case Number: A10A1949

    The trial court did not impose an impermissibly harsher sentence on remand because the defendant's new sentence did not increase either in count or in the aggr

  • Alston & Bird LLP v. Mellon Ventures II LP

    Publication Date: 2010-12-31
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Thomas W. Curvin and Amy K. Averill Sutherland, Asbill & Brennan LLP, Atlanta, and Edward D. Tolley, Athens, for appellant.
    for defendant: . Edwin J. Schklar, J. James Johnson, William B. Ney, Magdalena M. Heim and Michael R. Peacock Schklar, Ney & Heim LLC, Atlanta, for appellees.
    Case Number: A10A1563

    The trial court properly denied appellants' motion for summary judgment because the arguments therein hinged primarily on the depositions and affidavit of a manager whose credibility appellees vigor