• Kidd v. State

    Publication Date: 2013-01-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Barbara B. Claridge Claridge Law Firm, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Charles R. Sheppard, Assistant District Attorney, Augusta, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Kenneth W. Mishoe, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S12A1521

    The trial court did not abuse its discretion in allowing the State to introduce on re-direct the prior consistent statements of two witnesses whose veracity was challenged on cross-examin

  • Nichols v. State

    Publication Date: 2013-01-10
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Willie G. Davis Jr., Jonesboro, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, Joshua D. Morrison, Senior Assistant District Attorney, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and David A. Bikoff, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S12A1997

    Expert evidence showing that the victim died as a result of strangulation effected by pressure from hands and ruling out smoke inhalation refuted the defense theory that the victim died as the resu

  • Circle K Stores Inc. v. T. O. H. Assocs. Ltd.

    Publication Date: 2012-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Bradley Harmon Hunter Maclean Exley & Dunn, Savannah, for appellant.
    for defendant: Sammie Mitchell, Newnan, for appellee.

    Case Number: A12A1595

    The trial court apparently awarded damages to the commercial landlord based on the amount of monthly rent due as shown on the property manager's invoice, but failed to account for the discrepancy be

  • Toomer v. State

    Publication Date: 2012-11-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Nahmias, David E.
    Attorneys: For plaintiff: Kevin C. Armstrong Public Defender's Office, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, Nicholas E. Deeb, Assistant District Attorney, Albany, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, Katherine L. Iannuzzi, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S12A0976

    The Court disapproved of Division 5 of Walton v. State, 267 Ga. 713 1997, to the extent that it suggested that an appellate court is prohibited from considering a proponent's race-neutral explanatio

  • In the Interest of A. S., A. S., & A. S.

    Publication Date: 2012-11-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Cynthia A. Lain and Diana R. Johnson, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Sanders B. Deen, and Penny Hannah, Assistant Attorneys General, Atlanta, for appellee. Other party representation: Cathy Lerow, Marietta.

    Case Number: A12A1570

    The juvenile court properly allowed the children's foster mother to give hearsay testimony about statements the children made to her, because the statements were in accordance with the Child Hearsay

  • Chapman v. State

    Publication Date: 2012-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Bernadette C. Crucilla Crucilla Law Firm LLC, Macon, for appellant.
    for defendant: Layla H. Zon, District Attorney, and Melanie M. Bell, Assistant District Attorney, Covington, for appellee.

    Case Number: A12A0839

    The defendant failed to show prejudice from his attorney's failure to file special demurrers to the attempted burglary and attempted rape charges because it would not have prevented the State from r

  • Simmons v. State

    Publication Date: 2012-10-19
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hunstein, Carol W.
    Attorneys: For plaintiff: Wilson B. Mitcham Jr. The Mitchem Law Firm, Gray, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Gray, Stephen A. Bradley, Chief Assistant District Attorney, Eatonton, Samuel S. Olens, Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Elizabeth A. Harris, Assistant Attorney General, Atlanta, for appellee.

    Case Number: S12A0808

    The circumstantial evidence, including the defendant's DNA in dried seminal fluid on the victim's leg and lower abdomen, supported his malice murder convi

  • August 17, 2012 | FC&S Insurance

    Anatomy of an Insurance Fraud

    It is the rare criminal conviction for insurance fraud that reaches an appellate court, but a recent case illustrates the kinds of evidence that can help…

    1 minute read

  • Lockhart v. Bd. of Regents of the Univ. Sys. of Ga.

    Publication Date: 2012-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Edwin Wilson Frails & Wilson, Augusta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, J. David Stubins, Assistant Attorney General, and James Weston Trotter Jones LLP, Atlanta, for appellee.

    Case Number: A12A0513

    The plaintiff met her burden of establishing waiver of sovereign immunity over that portion of her claim asserting negligence from a state-employed dentist's failure to contact her for a follow-up a

  • Couch v. Red Roof Inns Inc.

    Publication Date: 2012-07-13
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Melton, Harold D.
    Attorneys: For plaintiff: Davis K. Loftin, Jeffrey N. Mykkeltvedt Mykkeltvedt & Loftin LLC, Gilbert H. Deitch and Andrew T. Rogers Deitch & Rogers LLC, Atlanta, for appellant.
    for defendant: Burke B. Johnson Buckley King LPA, Gainesville, for appellees. Amicus Appellant: Charles M. Cork III, Macon. Amicus Appellee: Jacob E. Daly and Sun S. Choy Freeman, Mathis & Gary LLP, Atlanta. Neutral Amicus: Thomas A. Eaton, Michael L. Wells University of Ga. Law Sch. and Andrew J. Hill III Blasingame Burch Garrard & Ashley PC, Athens.

    Case Number: S12Q0625

    A jury is allowed to apportion damages among a property owner and criminal assailant and jury charges or a special verdict form requiring such apportionment would not violate a plaintiff's constitut