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  • Millsaps v. State

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Donald F. Samuel and William C. Lea Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Mark P. Higgins Jr. District Attorney's Office, Dalton, for appellee.
    Case Number: A11A0038

    Conviction for violating Computer or Electronic Pornography and Child Exploitation Act of 2007 affirmed as trial court did not err in denying motion to exclude custodial statements based on improper

  • Mubarak v. State

    Publication Date: 2010-08-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: William C. Lea Garland Samuel & Loeb, Atlanta, for appellant.
    for defendant: Paul L. Howard, District Attorney, and Peggy A. Katz, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A10A0194

    The trial court did not err in prohibiting the defendant from impeaching two of the state's witnesses with their prior recorded statements, since he laid no foundation for impeachment and the witnes

  • Higgins v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Donald F. Samuel and William C. Lea Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Griffin, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A10A0206

    There was a reasonable probability that the trial's outcome would have differed, but for defense counsel's deficient performance, as some evidence showed that the encounter leading to the rape and a

  • Schaff v. State

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Kevin R. Gough, Brunswick, and Michael B. Terry Bondurant, Mixson & Elmore, Atlanta, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, and Jacquelyn L. Johnson, Assistant District Attorney, Woodbine, for appellee. Other party representation: Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta.
    Case Number: A10A0290

    Defense counsel's testimony was not necessary to prove the facts relating to the alleged molestation victim's videotaped recantation, which took place at his office, since others were present during

  • C. Ingram Co. v. Philadelphia Indem. Ins. Co.

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Kathryn J. Jaconetti Jaconetti & Assocs. LLC, Atlanta, for appellant.
    for defendant: . Anthony W. Morris McKenna Long & Aldridge LLP, Atlanta, for appellee.
    Case Number: A10A0646

    The trial court did not err in granting summary judgment to professional liability insurer, because the evidence showed that the insured law firm had knowledge that its pre-coverage failure to forec

  • Pareja v. State

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Donald F. Samuel and William C. Lea Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A08A1667

    Evidence regarding the defendant's former molestation of another child was admissible as a similar transaction, even though the prior molestation occurred approximately 26 years prior to the current

  • Wilkie v. 36747 LLC

    Publication Date: 2008-10-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1132; A08A1288

    The buyers of a software company's assets did not assume liability for the company's former salesperson's commissions contract under the buyers and the sellers' asset purchase agre

  • Garland, Samuel & Loeb PC v. American Safety Cas. Ins. Co.

    Publication Date: 2007-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Williston C. White Williston C. White & Assocs. PC, Atlanta, for appellant.
    for defendant: . Terry R. Howell and Jonathan D. Kramer Fields Howell Athans & McLaughlin, Atlanta, for appellee.
    Case Number: A07A1900

    Professional liability insurance policies do not provide coverage for claims arising solely from contractual disputes, which do not arise from the rendering of professional services as an att

  • Rabie v. State

    Publication Date: 2007-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney, James E. Barker and James A. Dooley, Assistant District Attorneys, Douglasville, for appellee.
    Case Number: A07A0940

    The defendant reinitiated contact with the officers following his pre-Miranda request for co

  • Whitley v. Piedmont Hosp. Inc.

    Publication Date: 2007-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James W. Howard The Howard Law Firm, Tucker, for Whitley and others. Russell B. Davis, Min J. Koo Downey & Cleveland, Marietta, Timothy H. Bendin Hall, Booth, Smith & Slover, and Randolph P. Powell Jr. Huff, Powell & Bailey LLC, Atlanta, for Piedmont Hospital and others. Edward T. Garland, Robin N. Loeb and Anne H. Coolidge-Kaplan Garland, Samuel & Loeb, Atlanta, for Williams.
    for defendant:
    Case Number: A06A1775; A06A1776

    The expert witness' contradicting affidavits and deposition testimony were sufficient to create a genuine issue of material fact on breach of care and causation issues in the plaintiff's medical mal