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  • Head v. Brown

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Charles W. Stephens Stephens & Shuler, Gainesville, and W. Ashley Hawkins, Forsyth, for appellant.
    for defendant: Edward L. Long Jr., Mark L. Degennaro Willis, McKenzie & Long, LaGrange, Paul E. Weathington and Dena K. Stoddard Allen & Weathington PC, Atlanta, for appellees.
    Case Number: A02A2366

    The original trial court retained jurisdi to revoke its transfer of venue in the underlying medical malpractice case because the trial court did not transfer jurisdi

  • Petty v. State

    Publication Date: 2003-02-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Donna A. Seagraves, Jefferson, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Winder, and Mary L. Skene, Assistant District Attorney, Jefferson, for appellee.
    Case Number: A02A2452

    Given the evidence linking the defendant to the charged crimes, the admission of improper opinion testimony from a doctor did not justify reversal under the plain error

  • In the Interest of B. L. H.

    Publication Date: 2003-02-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John P. Rivers, Brunswick, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Atlanta, and James A. Chamberlin Jr., Brunswick, for appellee.
    Case Number: A02A2310

    An incarcerated biological father had no constitutional right to personally appear at the hearing on the petition to terminate his parental r

  • Vasquez v. Smith

    Publication Date: 2003-01-17
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jacqueline K. Taylor J. Taylor & Assocs., Atlanta, for appellant.
    for defendant: Paul B. Kemeness, Dunwoody, for appellee.
    Case Number: A02A1814

    Plaintiff did not have to prove that she suffered an actual injury to support her claim for battery, an intentional

  • Witcher v. State

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ryan M. Reid, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, for appellee.
    Case Number: A02A2221

    Defendant waived his Fourth Amendment rights as a special condition of his probation and his flight suggested criminal act

  • Williams v. Young

    Publication Date: 2002-12-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Frank J. Klosik Jr., Jason R. Manton and Robert J. McCune Greer, Klosik, Daugherty & Swank, Atlanta, for appellant.
    for defendant: Thomas S. Chambless, Dawn G. Benson Watson, Spence, Lowe & Chambless, and Charles K. Wainright II, Albany, for appellees. Other party representation: H. Andrew Owen Jr., Roger E. Harris Owen, Gleaton, Egan, Jones & Sweeney LLP, and Antoinette D. Johnson, Atlanta.
    Case Number: A00A1393

    The plaintiff filed suit more than two years after the defendant allegedly misdiagnosed her medical cond

  • Jackson v. State

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Virginia W. Tinkler, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker and Candace K. Slezak, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A02A1375

    The trial court did not abuse its discretion in admitting the defendant's boyfriend's statement to a detective under the necessity exception to the hearsay rule since the statement was sufficiently

  • Moore v. State

    Publication Date: 2002-11-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ricky W. Morris Jr. Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Bonnie K. Smith, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A02A1617

    The per se DUI defendant was entitled to a charge on the defense of accident or misfortune since the jury could have found that the fully-loaded 18 wheeler which he rear-ended on the interstate dece

  • Bass Custom Landscapes Inc. v. Cunard

    Publication Date: 2002-11-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Wendell K. Howell Jones, Cork & Miller, Macon, for appellant.
    for defendant: John D. Carey McKenney, Jordan & Carey, Macon, for appellee. Other party representation: Betty D. Wheeler Alan W. Connell, and Catherine B. Evans Adams, Barfield, Dunaway & Hankinson, Thomaston.
    Case Number: A02A0909

    A jury question remained as to whether the plaintiff assumed the risk of falling on the icy steps outside her place of employment, since she testified that refusing her branch manager's request to t

  • In the Interest of T. J. J.

    Publication Date: 2002-11-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Chandler R. Bridges, Roswell, and Saunders P. Jones IV, Dunwoody, for appellant.
    for defendant: . Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Assistant Attorney General, Atlanta, and Robert G. Nardone, Avondale Estate, for appellee. Other party representation: Dorothy V. Murphy, Child Advocate Attorney, Decatur.
    Case Number: A02A1400; A02A1401

    No clear and convincing evidence of present parental inability or misconduct supported the termination of the mother's parental rights to her two children where the deprivation determination was bas