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  • Hamrick v. State

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Lucas O. Harsh, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A0628

    A passing reference to a defendant's record does not put his character into

  • Johnson v. State

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Dante L. Hudson, Public Defender, Brunswick, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, Woodbine, and Charles K. Higgins, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A10A1086

    The jury was authorized to conclude that the defendant fired his gun at the three aggravated assault with intent to rob v to further his armed robbery of a fourth v

  • Flores v. Exprezit Stores 98-Ga. LLC

    Publication Date: 2010-06-25
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Edward J. Bauer, Brandon R. Day Edward J. Bauer PC and Mary K. Durant, Atlanta, for appellant.
    for defendant: Gene A. Major Fain, Major & Wiley, Y. Kevin Williams, John B. Jackson, Michael A. Sexton Weinberg, Wheeler, Hudgins, Gunn & Dial, Robert C. Semler, Atlanta, John H. Smith Jr. Young, Thagard, Hoffman, Smith & Lawrence, Valdosta, Douglas L. Gibson Gibson & Assocs. PC, Waycross, Brian S. Duffey, Mary L. Wakeman and Jeff F. Dodson McConnaughhay, Duffy, Coonrod, Pope & Weaver PA, Tallahassee, Fla.,
    Case Number: A10A0703

    The Georgia Dram Shop Act did not require a store employee to investigate whether an allegedly intoxicated man would immediately drink a 12-pack of beer in a closed, packaged container, become furth

  • Patillo v. State

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Stephen L. Coxen Ninfo, Coxen & Worthington, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla H. Zon, Assistant District Attorney, Covington, for appellee.
    Case Number: A10A1371

    The defendant failed to show that his trial counsel was deficient with regard to his non-negotiated plea to burglary, theft by receiving and a firearms of

  • Harris v. Williams

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Chad H. Gamradt Browning & Gamradt PC, Lawrenceville, for appellant.
    for defendant: N. O. Williams Ferguson Law Firm, Jonesboro, for appellee.
    Case Number: A10A0294

    The trial court erred in increasing the mother's child support obligation without finding a substantial change in the mother's income since the entry of the party's final divorce d

  • Sirdah v. North Springs Assocs. LLLP

    Publication Date: 2010-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Donald C. Suessmith Jr. McCurdy & Candler, Decatur, Salmeh K. Fodor, Alicia C. King and Bijan Kasraie Marchman Kasraie LLC, Atlanta, for appellant.
    for defendant: J. Bertram Levy Fina & Block Attorneys, Atlanta, Isidor J. Kim Kim & Yang LLC, Duluth, for appellee.
    Case Number: A10A0329

    The general rule is that the duty to mitigate damages set forth in O.C.G.A. § 13-6-5 does not apply to lease cont

  • Murray v. Patel

    Publication Date: 2010-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Raymond R. Grant II Cruiser & Mitchell, Norcross, for appellant.
    for defendant: . Joseph H. Fowler Hartley, Rowe & Fowler PC, Douglasville, Kimberly A. McNamara and John E. Alday Harper, Waldon & Craig, Atlanta, for appellee.
    Case Number: A10A0594

    The appellants' third-party complaint against the driver of the car in which the plaintiffs were riding when they were injured was not an impermissible attempt to substitute defen

  • In the Interest of F. F.

    Publication Date: 2010-06-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John D. Rasnick, Manchester, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Robert N. Peterkin, Greenville, for appellee.
    Case Number: A10A1270, A10A1271

    The trial court abused its discretion in sequestering the 14-year-old juvenile's parents during his delinquency trial, since parents are parties to juvenile proceedings and may not be sequestered,

  • Worley v. Winter Constr. Co.

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Daniel K. McCall, Marietta, for appellant.
    for defendant: James T. Budd, David T. Markle and Brett A. Miller Mabry & McClelland LLP, Atlanta, for appellees.
    Case Number: A10A0620

    The plaintiff did not show that she had a right to oral argument on her motion to reconsider and v

  • Powell v. State

    Publication Date: 2010-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Henry A. Hibbert Cromwell & Hibbert, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A0708

    The jury instructions allowed the jurors to find the defendant guilty of the crime of family violence battery in a manner not charged in the indic