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  • Preval v. State

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Sheueli C. Wang Georgia Public Defender Standards Council Appellate Division, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Alicia C. Gant and Thomas L. Williams, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A09A2384

    The state used the same 17.54 pounds of seized marijuana to prove that Preval both possessed a trafficking weight of marijuana and manufactur

  • Greenwood Homes Inc. v. Regions Bank

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John A. Christy and Philip R. Green Schreeder, Wheeler & Flint LLP, Atlanta, for appellant.
    for defendant: Jennifer B. Moore and Michael J. C. Shaw Greenberg Traurig LLP, Atlanta, for appellee.
    Case Number: A09A1631

    An appraiser's limited consideration of two non-market transactions did not invalidate his valuation of certain real property, because he adjusted the price upwards for those transactions and placed

  • Esprit Log and Timber Homes v. Wilcox

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: William L. Reilly, Blue Ridge, for appellant.
    for defendant: Michael H. Cummings II Cummings & Dillard, Clayton, for appellees.
    Case Number: A09A2215

    The evidence supported the jury's punitive damages award against plaintiff, because the plaintiff accepted the defendants' order knowing that it could not deliver on its promise to deliver pre-cut a

  • R. Larry Phillips Constr. Co. Inc. v. Muscogee Glass

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Burke A. Noble and Bruce A. Taylor Jr. Drew, Eckl & Farnham, Atlanta, for appellant.
    for defendant: William A. Erwin Powell & Erwin PC, Camilla, Jerry A. Buchanan, Trisha D. Hargrove Buchanan & Land, Columbus, Robert B. Hill, Ernest L. Beaton McLain & Merritt PC, Richard H. Hill Jr., Nicholas A. Hinson Mabry & McClelland LLP, Gregory H. Wheeler, Brent A. Meyer Carlock Copeland Semler & Stair LLP, Philip K. Lichtman Mills Paskert Drivers PA, Atlanta, and George L. Welborn Downey, Cleveland, Parker & Williams, Marietta, for Muscogee Glass et al.
    Case Number: A09A1744, A09A2050

    The right of contribution does not require a judgment against general contractor on the underlying action before its contribution suit can pr

  • In the Interest of J.N.

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Dennis G. Collard Kessler, Schwarz & Solomiany PC, Atlanta, for appellant.
    for defendant: John S. Husser, Rome, for appellee. Other party representation: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Kimberly P. Mullins, Dallas.
    Case Number: A09A1966

    The denial of the father's O.C.G.A. § 15-11-40 b modification petition, based on alleged changed circumstances, was directly appealable, because the denial itself was a final jud

  • Walsh v. State

    Publication Date: 2010-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Christopher T. Polillo, Public Defender, placeCityMonroe, for appellant.
    for defendant: Eric C. Crawford, District Attorney, Monroe, and William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A09A2231

    The trial court abused its discretion in denying the defendant's motion for an out-of-time without holding an evidentiary hearing to determine who was responsible for failing to file a timely

  • Bell v. State

    Publication Date: 2010-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Reed Edmondson Jr., Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Clint C. Malcolm District Attorney's Office, Covington, for appellee.
    Case Number: A09A1660

    Trial counsel reasonably decided not to subpoena a witness due to conflicts with the defendant's misidentification de

  • State v. Willis

    Publication Date: 2010-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Joseph K. Mulholland, District Attorney, and Leopold F. Joh, Assistant District Attorney, Bainbridge, for appellant.
    for defendant: Robert R. McLendon IV, Blakely, for appellee.
    Case Number: A09A1615

    No probable cause existed to execute a search warrant on defendant's house after untrue statements were removed from the agent's supporting affi

  • Brown v. State

    Publication Date: 2010-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Kimberly M. Minicozzi, Assistant District Attorney, Covington, for appellee.
    Case Number: A10A0526

    The arresting officer properly stopped Brown for a motor vehicle sound volume violation and the totality of the circumstances gave the officer probable cause to arrest Brown fo

  • Frazier v. State

    Publication Date: 2010-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn District Attorney's Office, Decatur, for appellee.
    Case Number: A10A0232

    The defendant could not directly appeal the denial of his motion to vacate and correct his senetnce, because he did not present a colorable claim that his sentence was