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  • Preval v. State

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council Appellate Division, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Alicia C. Gant and Thomas L. Williams, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A09A2384

    The state used the same 17.54 pounds of seized marijuana to prove that Preval both possessed a trafficking weight of marijuana and manufactur

  • Spivey v. Smith

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: F. Shea Browning, Pearson, for Spivey. Robert B. Sumner, Pearson, and James D. Hudson, Douglas, for Smith et al.
    for defendant:
    Case Number: A09A2011, A09A2012

    In a boundary line dispute, the trial court did not err in setting aside the jury verdict in landowner's favor, because landowner's evidence was too vague and indefinite to allow rec

  • Greenwood Homes Inc. v. Regions Bank

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John A. Christy and Philip R. Green Schreeder, Wheeler & Flint LLP, Atlanta, for appellant.
    for defendant: Jennifer B. Moore and Michael J. C. Shaw Greenberg Traurig LLP, Atlanta, for appellee.
    Case Number: A09A1631

    An appraiser's limited consideration of two non-market transactions did not invalidate his valuation of certain real property, because he adjusted the price upwards for those transactions and placed

  • Nelson v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Herman M. Kilgore, Marietta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Sara A. Thompson, Assistant District Attorney, Canton, for appellee.
    Case Number: A10A0023

    The state failed to prove intent sufficient to support a forgery conviction, because defendant did not attempt to use a counterfeit $100 bill and his joke that he could not be charged criminally for

  • Esprit Log and Timber Homes v. Wilcox

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William L. Reilly, Blue Ridge, for appellant.
    for defendant: Michael H. Cummings II Cummings & Dillard, Clayton, for appellees.
    Case Number: A09A2215

    The evidence supported the jury's punitive damages award against plaintiff, because the plaintiff accepted the defendants' order knowing that it could not deliver on its promise to deliver pre-cut a

  • Wadlington v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Stephen R. Scarborough, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Thomas R. McBerry, Assistant District Attorney, McDonough, for appellee.
    Case Number: A09A1638

    Trial counsel was deficient for failing to object when a detective testified to knowing that an individual on a surveillance tape was defendant, because the jury could look at defendant and the tape

  • R. Larry Phillips Constr. Co. Inc. v. Muscogee Glass

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Burke A. Noble and Bruce A. Taylor Jr. Drew, Eckl & Farnham, Atlanta, for appellant.
    for defendant: William A. Erwin Powell & Erwin PC, Camilla, Jerry A. Buchanan, Trisha D. Hargrove Buchanan & Land, Columbus, Robert B. Hill, Ernest L. Beaton McLain & Merritt PC, Richard H. Hill Jr., Nicholas A. Hinson Mabry & McClelland LLP, Gregory H. Wheeler, Brent A. Meyer Carlock Copeland Semler & Stair LLP, Philip K. Lichtman Mills Paskert Drivers PA, Atlanta, and George L. Welborn Downey, Cleveland, Parker & Williams, Marietta, for Muscogee Glass et al.
    Case Number: A09A1744, A09A2050

    The right of contribution does not require a judgment against general contractor on the underlying action before its contribution suit can pr

  • In the Interest of J.N.

    Publication Date: 2010-03-19
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Dennis G. Collard Kessler, Schwarz & Solomiany PC, Atlanta, for appellant.
    for defendant: John S. Husser, Rome, for appellee. Other party representation: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Kimberly P. Mullins, Dallas.
    Case Number: A09A1966

    The denial of the father's O.C.G.A. § 15-11-40 b modification petition, based on alleged changed circumstances, was directly appealable, because the denial itself was a final jud

  • Lewis v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kelley A. Dial, Public Defender, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Shelly D. Faulk, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A10A0204

    The evidence was sufficient to convict defendant for theft of a controlled substance, because one victim testified that defendant took bottles containing oxycodone from the pha

  • Hunt v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Stephen T. Maples, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A2155

    The state failed to meet its burden of proving that police officers reasonably concluded that the individual who opened defendant's front door and consented to the officers' entry, but did not own t