Filter This View

  • Those Certain Underwriters at Lloyds London v. DTI Logistics Inc.

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Gregory L. Mast Fields, Howell, Athans & McLaughlin, Atlanta, for appellant.
    for defendant: James S. Strawinski and Briant G. Mildenhall Strawinski & Stout PC, Atlanta, for appellee.
    Case Number: A09A1432

    The insurer's arguments that the insured had not paid any claim for the value of the stolen cargo and that the statute of limitation barred any possible claims against the insured were irrel

  • Collins v. State

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Brian K. Ross, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and David E. Boyle, Assistant District Attorney, Monroe, for appellee.
    Case Number: A09A2094

    Absent a proffer, the defendant could not show that his trial counsel was deficient for failing to call character witnesses to testify on the defendant's b

  • Stetz v. State

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jerry L. Webb Jr., Atlanta, for appellant.
    for defendant: Robert D. James Jr., Solicitor General, and Che'ferre L. Young Solicitor's Office, Decatur, for appellee.
    Case Number: A09A1474

    The only discoverable information from an intoxilyzer test under O.C.G.A. § 40-6-392 a 4 is the computer printout of the test r

  • Miller v. State

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Assistant District Attorney, Decatur, for appellee.
    Case Number: A08A0149

    Even after applying the appropriate reasonable probability standard in Strickland v. Washington, 466 U.S. 668 1984, the defendant's ineffective assistance claim f

  • Webb v. State

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Thomas A. Camp, Athens, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Hartwell, for appellee.
    Case Number: A09A0789

    The trial court erred in refusing to allow the testimony of a witness, whom was on the state's witness list, but not the defend

  • Davis v. State

    Publication Date: 2009-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Lawrence W. Daniel, Atlanta, for appellant.
    for defendant: Brian K. Fortner, Solicitor General, and Evelyn Proctor, Assistant Solicitor General, Douglasville, for appellee.
    Case Number: A09A1004

    The defendant admitted smoking marijuana prior to the officer's ar

  • Heiman v. Mayfield

    Publication Date: 2009-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Anthony L. Cochran Chilivis, Cochran, Larkins & Bever, Atlanta, for appellant.
    for defendant: James E. Voyles and Mark F. Milhollin The Voyles Milhollin Law Firm, Kennesaw, Paul W. Burke Drew Eckl & Farnham, Peter Q. Bassett, Kerry K. Vatzakas Alston & Bird, Dan F. Laney III and Kimberly L. Myers Rogers & Hardin LLP, Atlanta, for appellee.
    Case Number: A09A2253

    Exculpatory clauses in a trust instrument are not effective to relieve a trustee of liability for breach of trust committed in bad faith, intentionally or with reckless indifference to the interest

  • In the Interest of K.L.

    Publication Date: 2009-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Christopher R. Lee and Veronica E. Brinson, Macon, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Virginia B. Fuller, Assistant Attorney General, Atlanta, and Andrew S. Foster, Macon, for appellee.
    Case Number: A09A1449

    The evidence showed that the then 5-month-old infant was sexually abused while she was solely in the care of her mother and f

  • Whitehead v. State

    Publication Date: 2009-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gilbert J. Murrah, Bainbridge, and Robert R. McLendon IV, Blakely, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, for appellee.
    Case Number: A08A1923

    The defendant's conviction is reversed in light of Supreme Court's decision in Chase v. State, 285 Ga. 693 2009, that consent remained a viable defense to a charge of sexual assault brought under O

  • Merritt v. State

    Publication Date: 2009-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Carl P. Greenberg Metro Conflict Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and David K. Getachew-Smith, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A09A1803

    The trial court did not err in denying the defendant's Batson motion, since the state gave race-neutral explanations for the two peremptory strikes that the defendant challenged on a