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  • Smith v. State

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jennifer A. Trieshmann Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A0890

    Trial counsel's failure to object to the evidence of an accomplice's guilty plea was a matter of tactics and str

  • Boatright v. Old Dominion Ins. Co.

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ashleigh R. Madison Savage, Turner, Pinson & Karsman, Savannah, for appellant.
    for defendant: . Stephen J. Caswell Lane, O'Brien & Caswell PC, Atlanta, for appellee. Other party representation: Daniel C. Hoffman Young Thagard Hoffman Scott & Smith, Valdosta, Brenda K. Katz Drew Eckl & Farnham, Brunswick, and Steve Johnson Johnson's Kan Do Constr. Inc., Alma.
    Case Number: A10A0532

    Summary judgment to the liability insurer, on its suit for declaratory relief, was proper, because the undisputed evidence showed that the plaintiff was a company employee, and not an independent co

  • National Serv. Indus. v. Here to Serve Restaurants Inc.

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Cary Ichter, Atlanta, for appellant.
    for defendant: Louis R. Cohan and Shalanda M. Miller Weinstock & Scavo PC, Atlanta, for appellee.
    Case Number: A10A0928

    A liquidated damages provision in a linen services contract constituted an unenforceable penalty, since the damages sought lacked a reasonable relation to the probable damages that would arise from

  • Mather v. L'Oreal USA, Inc.

    Publication Date: 2010-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Brian K. Panessa Panessa & Assocs. LLC, Atlanta, for appellant.
    for defendant: Robert B. Hill McClain & Merritt, Atlanta, for appellee.
    Case Number: A10A0458

    Summary judgment to lotion company was proper, because the plaintiff presented no evidence that a lotion company had a duty to warn consumers of severe allergic reactions, from using the company's s

  • Laing v. State

    Publication Date: 2010-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A0024

    The trial court did not err in failing to charge the jury on accomplice corroboration, because the state relied on other evidence apart from the accomplice's test

  • Simmons v. State

    Publication Date: 2010-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Andre M. Johnson, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bruce P. Dutcher, Assistant District Attorney, and David K. Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    Case Number: A10A0768

    The 22-month delay in bringing the defendant's case to trial did not violate his right to a speedy trial, even though the duration and reasons for the delay weighed partially against the

  • Walker v. State

    Publication Date: 2010-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Kathleen J. Anderson, Winder, for appellant.
    for defendant: James B. Smith, District Attorney, Winder, and Robin R. Riggs, Assistant District Attorney, Jefferson, for appellee.
    Case Number: A10A1275

    The victims' testimony supported the defendant's convictions for child molestation and child cr

  • Collins v. State

    Publication Date: 2010-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A0645

    The defendant was in possession of a recently stolen weed-

  • McGowan v. State

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Noah H. Pines Ross & Pines LLC, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Akintunde A. Akinyele Solicitor General's Office, Decatur, for appellee.
    Case Number: A10A0665

    The trial court summarily denied the defendant's speedy trial motion without making findings of fact regarding the required Barker v. Wingo fa

  • Sabellona v. Albert Painting Inc.

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David K. May, Sandy Springs, for appellant.
    for defendant: . Frederick M. Valz III and A. Paul Moore Jr. Carlock, Copeland, Semler & Stair, Atlanta, for appellee. Other party representation: Ian R. Rapaport, Jennifer A. Green Law Office of Ian R. Rapaport, Duluth, and Frederick R. Green Goodman McGuffey Aust & Lindsey LLP, Atlanta.
    Case Number: A10A0531

    A painting company was immune from suit pursuant to O.C.G.A. § 34-9-11 c, because it was a business using the services of a temporary help contracting firm and elected Workers' Compensation coverage