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  • Bennett v. State

    Publication Date: 2009-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Nicholas A. Lotito Davis, Zipperman, Kirschenbaum & Lotito, Atlanta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie M. Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A09A1311

    De counsel was deficient for failing to admit evidence of the victim's prior conviction for family violence aggravated assault in presenting the defendant's justification de

  • Sunstate Indus. Inc. d/b/a Sunstates Fabricators v. The VP Group Inc.

    Publication Date: 2009-06-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Douglas H. Tozzi The Wilson Law Firm PC, Atlanta, for appellant.
    for defendant: Kevin A. Adamson, Atlanta, for appellee.
    Case Number: A09A0635

    The evidence did not support the jury's award of consequential damages to the defendant on its counter

  • Transworld Fin. Corp. v. Coastal Tire and Container Repair LLC

    Publication Date: 2009-06-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Collin R. Glidewell, James B. Blackburn Jr. Wiseman, Blackburn & Futrell, and Natasha D. Wilhite, Savannah, for appellant.
    for defendant: Jeremy S. McKenzie and Kathryn H. Pinckney Savage & Turner PC, Savannah, for appellee.
    Case Number: A09A0169

    A vehicle repair shop could not recover storage fees for an aban vehicle, since it did not comply with O.C.G.A. § 40-11-2 f's 5-day notice requirement once the vehicle was deemed aban

  • Garza v. State

    Publication Date: 2009-06-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Scott A. Drake, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Rodney K. Miles, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A09A1328

    The officers had a reasonable and articulable suspicion that the defendant was engaged in criminal activity when they stopped his van and asked for consent to s

  • Horner v. Robinson

    Publication Date: 2009-06-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Michael L. Wetzel Michael L. Wetzel & Assocs. PC, Bogart, for appellant.
    for defendant: Richard P. Hamilton Cruser & Mitchell LLP, Norcross, for appellee.
    Case Number: A09A0715

    The defendant failed to strictly comply with the requisite notice provisions contained in the Abandoned Motor Vehicle Act, O.C.G.A. § 40-11-1 et seq. prior to selling the plaintiff's stolen race car

  • Fortis Ins. Co. v. Kahn

    Publication Date: 2009-06-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gregory F. Harley Burr & Forman LLP, Atlanta, and Frank G. Burt Jorden Burt LLP, Washington, D.C., for appellant.
    for defendant: . Roy E. Barnes, John R. Bevis The Barnes Law Group, Marietta, Philip W. Savrin, Jacob E. Daly Freeman, Mathis & Gary LLP, Atlanta, L. Andrew Hollis and Steven W. Couch Hollis & Wright PC, Birmingham, Ala., for appellee.
    Case Number: A09A0486

    The trial court did not abuse its discretion in finding that common i of law and fact predominate over individual i

  • Reddick v. State

    Publication Date: 2009-06-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ronald R. Parker, Assistant Pub. Defender, Bainbridge, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, J. Brian Rutland and Charles E. Rooks, Assistant District Attorneys, Bainbridge, for appellee.
    Case Number: A09A0795

    The admission of the drug identification testimony did not violate the defendant's right to confrontation, since the crime lab expert directed the testing and personally reviewed the test re

  • Robinson v. State

    Publication Date: 2009-06-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A0557

    The trial court did not abuse its discretion in recharging the jury in response to the foreman's report that half of everybody wanted more evi

  • O'Neill v. State

    Publication Date: 2009-06-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Diane L. Davis, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Davis E. Slemons District Attorney's Office, McDonough, for appellee.
    Case Number: A07A1780

    The co-conspirator's post-conspiracy statement provided a reasonable alternative to explain the defendant's condition so as to indicate that he may have passed out from drinking all night, as oppose

  • In the Interest of K. C. W.

    Publication Date: 2009-05-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James G. Baker Kirby & Roberts PC, LaGrange, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Kathryn A. Fox, Assistant Attorney General, Atlanta, and James T. Hunnicutt Hunnicutt & Taylor PC, Newnan, for appellee.
    Case Number: A09A0783

    The mother's unresolved history of chronic unresolved drug and alcohol problems and her failure to maintain a consistent relationship with her children supported the termination of her parental r