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  • Barnes v. City of Atlanta

    Publication Date: 2005-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Irwin W. Stolz Jr. Winburn, Lewis, Barrow & Stolz PC, Athens, and Robert D. Feagin Decker & Hallman, Atlanta, for Barnes and others. Linda K. DiSantis, City Attorney, and Lemuel H. Ward City of Atlanta Law Dep't, Atlanta, for the City of Atlanta.
    for defendant:
    Case Number: A05A0873; A05A0874

    The tax refund demand date for Class I attorneys, who paid an unconstitutional occupational tax, but made no pre-litigation claim for refunds as required under O.C.G.A. § 48-5-380, was February 27,

  • Guillen v. State

    Publication Date: 2005-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Thomas P. Lenzer and Robert W. Lenzer Lenzer & Lenzer, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Rodney K. Miles, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A05A1048

    Defense counsel was not deficient for failing to request a charge on circumstantial evidence, since the state presented direct evidence of the c

  • Gearin v. State

    Publication Date: 2005-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lloyd J. Matthews, Jonesboro, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A04A0968

    Defendant's original sentence imposed on his guilty plea and conviction for cruelty to children was void, since it was enhanced in accordance with an unconstitutional statute-O.C.G.A. § 17-

  • Woods v. State

    Publication Date: 2005-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael S. Katz, Decatur, for appellant.
    for defendant: Jeffrey H. Brickman, Acting District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A05A1007

    Evidence that the defendant admitted to being part of a gang that broke into cars and stole laptop computers when he was arrested for the non-prosecuted similar transaction offense was admissible to

  • Footstar Inc. d/b/a Meldisco Shoe-Mart v. Stevens

    Publication Date: 2005-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert K. Hardeman, Alpharetta, for appellant.
    for defendant: . Bert J. Slotkin and Andrea R. Mitchell Richter, Head, Shinall & White, Atlanta, for appellee. Other party representation: Edward E. Boshears, Bruswick.
    Case Number: A05A0883

    Evidence supported the appellate division's ruling that the employee's compensation claim was compensable as a change in condition, even though her original workers' compensation award was for medic

  • Rokowski v. Gilbert

    Publication Date: 2005-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Vernita L. Lee, Valdosta, for appellant.
    for defendant: Chris E. Ambrose, Douglas K. Silvis Silvis, Ambrose & Lindquist PC, Thomasville, and David A. Parker, Valdosta, for appellee.
    Case Number: A05A0993

    The Inter Compact for the Placement of Children did not apply to a case involving a child whose adult aunt brought her into the

  • Thompson v. State

    Publication Date: 2005-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Charlie B. Thompson Jr., Leesburg, proceeded pro se. Kelly R. Burke, District Attorney, and Katherine K. Lumsden, Assistant District Attorney, Perry, for appellee.
    for defendant:
    Case Number: A05A1242

    The defendant was not entitled to appointed counsel on his motion for an out-of-time appeal, which was not part of a first appeal of

  • Garibay v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, and Brian K. Fortner District Attorney's Office, Douglasville, for appellee.
    Case Number: A05A1347

    Evidence of the defendant's gang membership was admissible as part of the res gestae and to show his motive in committing the c

  • Benson v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: John T. Strauss, Newton County Pub. Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Kelly D. Kautz, Assistant District Attorney, Monroe, for appellee.
    Case Number: A05A1251

    Evidence that officers discovered the drugs in a hollow pen directly under the defendant after they had already searched a third-party's home did not support a finding of mere pre

  • Bhindi Bros. v. Patel

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Grover C. Bailey, Atlanta, for appellant.
    for defendant: Charles A. Ratz and Andrea Bennett Gilliland, Ratz & Browning PC, Atlanta, for appellee.
    Case Number: A05A0996

    Res judicata did not bar the plaintiff's claims for past due rent and other damages in its suit for breach of a lease, because the plaintiff raised those claims in its prior dispossessory suit and t