Filter This View

  • Leverette v. State

    Publication Date: 2010-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council Appellate Division, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A0925

    Any alleged error in the trial court's charge that slight movement is sufficient to prove asport did not require reversal, given the overwhelming and undisputed evidence of asport

  • Worley v. Winter Constr. Co.

    Publication Date: 2010-05-14
    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

    A construction company's service of its' motion to dismiss by e-mail offered no basis for reversal, because e-mail service is permissible and the plaintiff did not show that any statutory requiremen

  • General Elec. Capital Corp. v. Browning Mulch Co. Inc.

    Publication Date: 2010-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Camden B. Scearce Jr. Husch & Eppenberger LLC, CityplaceChattanoogaStateTenn.for appellant. Edward H. Warnock, McRae, for appellees.
    for defendant:
    Case Number: A10A0310

    The trial court erred in dismissing the plaintiff's claim, because the trial court could only dismiss without prejudice for failure to appear and no evidence in the record showed that the other part

  • placeCityDixon v. State

    Publication Date: 2010-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert H. Citronberg, and Joseph S. Habachy, placeCityAtlantafor appellant. Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    for defendant:
    Case Number: A08A2126

    The state was not required to stipulate to venue, such that the defendant would then be entitled to a jury instruction on a lesser included offense of theft by taking in Dekalb county, when the alle

  • Weston v. Dun Transp. & Stringer Inc.

    Publication Date: 2010-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Robert P. Killian Killian & Boyd PC, CityplaceBrunswickfor appellants. Michael J. Goldman, Alan F. Herman Hawkins & Parnell LLP, Atlanta, Brenda K. Katz Drew Eckl & Farnham, Brunswick, and Thomas G. Whatley Jr. Howard & Whatley PC, Savannah, for appellees.
    for defendant:
    Case Number: A10A0861

    The appellees fied evidence supporting the affirmative defense of avoidable consequences in a husband's suit to recover for his wife's death in an automobile acc

  • Browning v. State

    Publication Date: 2010-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Douglas P. Smith Public Defender's Office, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Sarah G. Rivers, Assistant District Attorney, McDonough, for appellee.
    Case Number: A10A0027

    The trial court erred in ordering the defendant to pay $4.3K in restitution, because the state failed to prove the fair market value of the stolen ve

  • Newton v. State

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A0233

    Trial counsel was not ineffective for failing to pursue a requested justification charge, because his defense theory was mere presence and the defendant did not show that the outcome would have diff

  • Adamson v. General Electric

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Robert C. Buck Childers, Buck & Schlueter LLP, David A. Webster, Wendell K. Willard, Atlanta, W. Benjamin Ballenger, Summerville, G. Patterson Keahey, Birmingham, Ala., and Gary M. DiMuzio, Houston, Texas, for appellant.
    for defendant: . John D. Dalbey, Amy E. Fouts Chilivis, Cochran, Larkins & Bever, Erin E. Shofner Hawkins & Parnell, Jennifer M. Techman Evert & Weathersby LLC, Robert A. Barnaby II Donahue, Nelson & Cohen LLC, Christopher G. Conley, Atlanta, and Nickolas P. T. Chilivis Cruser & Mitchell, Norcross, for appellees.
    Case Number: A09A2302

    In an asbestos case, the appellants' other evidence, based on the decedent's depositions and the depositions of several alleged co-workers, sufficiently specific to establish that the decedent

  • Scott v. State

    Publication Date: 2010-04-30
    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: Leigh E. Patterson, District Attorney, and Finnis K. Salmon, Assistant District Attorney, Rome, for appellee.
    Case Number: A10A0143, A10A1035

    The evidence supported defendant's conviction, because he falsely claimed to live with his cousin, whose address defendant listed as his residence on the Sex Offender registration

  • In the Interest of K.L.

    Publication Date: 2010-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: James J. Anagnostakis, Douglasville, for appellant.
    for defendant: Barry H. Wood, Douglasville, for appellee.
    Case Number: A10A0813

    The juvenile court erred in concluding that a 10-day adjudication was not ripe on grounds that no probable /detention hearing had been held, because the juvenile court necessarily found probabl