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  • Gonzalez v. State

    Publication Date: 2007-03-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: William C. Lea Garland, Samuel & Loeb, Atlanta, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, and Bruce E. Roberts, Assistant District Attorney, LaFayette, for appellee.
    Case Number: A06A2392

    The investigator's actions in requesting a lower bond did not constitute a hope of benefit under O.C.G.A. § 24

  • Goldstein v. State

    Publication Date: 2006-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Donald F. Samuel Garland, Samuel & Loeb PC, Brian Steel The Steel Firm PC, Atlanta, and Douglas N. Peters Peters, Townsend, Wilson & Roberts PA, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Senior Assistant District Attorney, and Anne E. Green, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A06A1280

    The child molestation defendant's trial counsel was ineffective in failing to present testimony regarding false allegations of child molestation made by the victim's mother in the

  • Phillips v. State

    Publication Date: 2006-05-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William C. Lea and Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: William S. Askew, District Attorney, and Mary K. Mitchell, Assistant District Attorney, Swainsboro, for appellee.
    Case Number: A06A0376

    The trial court properly admitted pictures of the defe s damaged vehicle, which officers found in plain sight in the back of his home while investigating the victim's report that he saw the def

  • Ferrill v. State

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: William C. Lea and Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: William T. McBroom III, District Attorney, Griffin, and Cindy L. Spindler, Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A05A2149

    The trial court did not abuse its discretion in admitting certain sexually explicit material obtained from the defendant's home because, in each case, the state linked the object introduced to the c

  • Robinson v. State

    Publication Date: 2005-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: William C. Lea and Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Tracie J. Hobbs, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A05A1002

    The trial court properly admitted the portion of the defendant's videotaped interview where he called the child molestation victim "probably honest," since the defendant later attacked the victim's

  • Ford v. State

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Donald F. Samuel and William C. Lea Garland, Samuel & Loeb, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A0616

    The trial court did not err in admitting the transcript of an on-line chat between the defendant and a sergeant, who posed as a 14-year-old girl, sinc ssion of the transcript was analogous to t

  • Verlangieri v. State

    Publication Date: 2005-06-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Donald F. Samuel, William C. Lea Garland, Samuel & Loeb PC, Michael M. Hawkins and Robert W. Chestney The Chestney Hawkins Law Firm, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Marc A. Mallon, Senior Assistant District Attorney, and Anne E. Green, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A0447

    The trial court properly admitted the wrong-way driver's blood-alcohol test results in his prosecution for homicide by vehicle, serious injury by vehicle and reckless dr

  • Curtis v. State

    Publication Date: 2005-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Steven L. Sparger, Assistant Public Defender, Savannah, Donald F. Samuel Garland, Samuel & Loeb PC, and Herbert Shafer, Atlanta, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Ian R. Heap Jr., Assistant District Attorney, Savannah, for appellee.
    Case Number: A04A2331

    The trial court did not abuse its discretion in denying the defendant's motion to withdraw his voluntary guilty plea, because he failed to show that his plea counsel was ineffe

  • Ogle v. State

    Publication Date: 2004-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William C. Lea and Donald F. Samuel Garland, Samuel & Loeb PC, Atlanta, for appellant.
    for defendant: Jeffrey H. Brickman, Acting District Attorney, Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A04A2343

    The state's forensic interviewing expert did not give an opinion on the ultimate issue when she testified based on her extensive experience that the victim's interview was consistent with one given

  • Wachovia Bank NA v. Decatur Auto Ctr. Inc.

    Publication Date: 2004-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Charles Ratz Gray & Gilliland PC, Edward T. M. Garland Garland, Samuel & Loeb PC, and Mark V. Spix Spix, Krupp & Reece, Atlanta, for appellant.
    for defendant: William P. Mason and Brian J. Harris Mason, Harris & Bahr LLP, Atlanta, for appellee. Amicus appellant: Jerome J. Froelich Jr. and David M. Kupsky McKenney & Froelich, Atlanta.
    Case Number: A02A0672

    The Court of Appeals adopted the Supreme Court's judgment that the plaintiff could seek recovery in a conversion suit for the full value of a check, which the defendant bank deliberately honored aft