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  • Wheeler v. State

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and David K. Keeton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A2211

    The evidence supported the defendant's convictions for possession of less than one ounce of marijuana and possession of a sawed-off shotgun because the defendant admitted that the contraband belonge

  • Johnson v. Leibel

    Publication Date: 2010-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Richard L. Brittain, Wendell R. Bird Bird & Assocs., Atlanta, Jenny E. Jensen and Richard E. Harris Jones, Jensen & Harris, Norcross, for Johnson. Michael J. Goldman, Christine L. Mast, Joseph H. Wieseman Hawkins & Parnell LLP, Michael J. Bowers and David J. Marmins Balch & Bingham, Atlanta, for Liebel. Other party representation: Peter H. Schmidt II Taylor, Odachowski, Sperry & Crossland LLC, St. Simons Island.
    for defendant:
    Case Number: A10A1047; A10A1048

    The trial court erred in granting a new trial in a legal malpractice case, because a juror's failure to disclose during voir dire that appellant attorney represented the plaintiff in a 1992 case aga

  • Gilbert v. State

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: James C. Bonner Georgia Public Defender Standards Council Appellate Division, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, for appellee.
    Case Number: A10A1403

    The defendant did not have standing to contest the trial court's grant of use immunity to his codefendant because it was not part of the proceedings agains

  • Bunn v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council - Appellate Division, Atlanta, for appellant.
    for defendant: James B. Smith, District Attorney, Winder, Amy M. Carter and Ryan C. Bramblett, Assistant District Attorneys, Jefferson, for appellee.
    Case Number: A10A1423

    The defendant's acts caused the child victims cruel and excessive mental pain in touching them inappropriately on multiple occa

  • Smith v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Charles E. W. Barrow, Athens, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Walter C. Howard District Attorney's Office, Monroe, for appellee.
    Case Number: A10A1014

    The trial court did not violate O.C.G.A. § 17-8-57, after the defense put venue into question, when the trial judge instructed the state to call another witness, limited the scope of that witnesses'

  • Trey Inman & Assoc. PC v. Bank of America NA

    Publication Date: 2010-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lisa B. Perlstein, Decatur, for appellant.
    for defendant: William A. DuPre IV Miller & Martin PLLC, Atlanta, for appellee. Other party representation: Gregory K. Hecht Hecht, Mack & Harris PC, Stockbridge, Kathryn E. Baird Quirk & Quirk LLC and John M. Welch, Atlanta.
    Case Number: A10A1844

    A closing firm was liable to a bank for conversion of surplus funds from the sale of secured property, because the bank's payoff instructions clearly stated that the bank was to receive any net sale

  • Baker v. Lankford

    Publication Date: 2010-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Bruce F. Morriss and Daniel Shim Morriss & Shim LLC, Atlanta, for appellant.
    for defendant: Denise D. VanLanduyt, Decatur, and Alison K. Arce, Atlanta, for appellee.
    Case Number: A10A1211

    The trial court should have allowed the legal father to intervene in the biological father's legitimation a

  • Autry v. State

    Publication Date: 2010-10-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Lawrence J. Zimmerman, Atlanta, and Christopher R. Geel, Marietta, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, Jessica K. Moss, Chief Assistant Solicitor General, and Jaret L. Teague, Assistant Solicitor General, Marietta, for appellee.
    Case Number: A10A0879

    The evidence was insufficient to show the harassing and intimidating element of stalking, since the state did not prove a course of conduct or pattern of beh

  • Expedia Inc. v. City of Columbus

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Jerry A. Buchanan Buchanan & Land, Columbus, and E. Kendrick Smith, Atlanta, for appellant.
    for defendant: Charles N. Pope, Wade H. Tomlinson Jr., Alan G. Snipes Pope, McGlamry, Kilpatrick, Morrison & Norwood LLP, Columbus, John R. Bielema Jr., William H. Boling Jr., Michael P. Carey Bryan, Cave, Powell & Goldstein LLP, R. Timothy Morrison, Neal K. Pope, William U. Norwood III Pope, McGlamry, Kilpatrick, Morrison & Norwood LLP and L. Lin Wood Jr. Powell Goldstein LLP, Atlanta, for appellee.
    Case Number: A10A0563, A10A0826

    The Court of Appeals lacked jurisdiction over the discovery order in this matter, since the collateral order exception did not extend to the order in question and the appellant failed to comply with

  • Huggins v. Boyd

    Publication Date: 2010-07-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Howell S. Basham, Athens, for appellant.
    for defendant: Bryan K. Webb, Athens, for appellee.
    Case Number: A10A1346

    The trial court lacked personal jurisdiction over the appellant, since it was undisputed that the appellant was a South Carolina resident, who engaged in stalking conduct only outside of Ge