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  • Russell v. Sparmer

    Publication Date: 2016-11-23
    Practice Area:
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    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Edward Hartness, Gainesville, for appellant.
    for defendant: Robert Chandler Fox, Chandler, Homans, Hicks McKinnon, Gainesville, for appellee.
    Case Number: A16A1001

    The trial court erred in finding that plaintiff's divorce claim could serve as the basis for an attorney fees award under O.C.G.A. § 9-15-14, as the claim was neither frivolous nor interposed for th

  • Haygood v. State

    Publication Date: 2016-09-02
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    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Daniel Petrey, Public Defender, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Gerald Mason District Attorney's Office, Decatur, for appellee.
    Case Number: A16A0075

    The evidence did not authorize the defendant's requested jury charge on the right to use proportionate force in resisting an arresting officer's use of excessive force, because the defendant did no

  • Wyatt v. Hizer

    Publication Date: 2016-08-22
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    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Melissa Hise and Albert Palmour Palmour Law Firm, Summerville, for appellant.
    for defendant: . Bobby Cook Cook Connelly, and Edward Hurley, Summerville, for appellee.
    Case Number: A15A1706

    The trial court clearly erred in finding as a matter of fact that the defendants did not file their demand for a trial by jury before the commencement of the special master's hearing in an action t

  • Morales v. State

    Publication Date: 2016-08-16
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    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: C. Christopher Flinn, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A15A2386

    The defendant knowingly and intelligently waived his Miranda rights and freely and voluntarily gave his statement to police admitting his involvement in the kidnapping and rape of the v

  • Jones v. Spruill

    Publication Date: 2016-07-21
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    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Allen Bodiford, Stockbridge, for appellant.
    for defendant: Mack Spruill, Ellenwood, proceeded pro se.
    Case Number: A16A0330

    The trial court had jurisdiction to enter a protective order against the appellant under Georgia's Family Violence Act, O.C.G.A. § 19-13-1, et seq., because conduct between siblings falls within the

  • Honester v. State

    Publication Date: 2016-04-28
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    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Robert Chan Public Defender's Office, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, Joshua Smith, and Amanda Heath District Attorney's Office, Augusta, for appellee.
    Case Number: A15A2235

    The trial court abused its discretion in declaring a mistrial over the defendant's objection rather than giving the jury an Allen c

  • The Best Jewelry Mfg. Co. Inc. v. Reed Elsevier Inc.

    Publication Date: 2016-02-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Steven Newton, Atlanta, Shuli Green, Decatur, James Hurt Hurt Stolz PC, and Irwin Stolz Hurt, Stolz Cromwell LLC, Athens, for appellant.
    for defendant: . Kaye Burwell, Kristen Williams, Lanna Hill Fulton County Attorney's Office, Cynthia Burnside, and Vernon Strickland Holland Knight LLP, Atlanta, for appellees.
    Case Number: A15A0970

    The plaintiff failed to state a claim for any of its causes of action in its lawsuit challenging Fulton County State Court's adoption of an electronic filing s

  • Watts v. State

    Publication Date: 2016-01-06
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    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Lee Fitzpatrick, Kennesaw, for appellant.
    for defendant: Shannon Wallace, District Attorney, Wallace Rogers, and Cliff Head, Assistant District Attorneys, Canton, for appellee.
    Case Number: A15A0796

    A 4-minute extension of a traffic stop for the purpose of allowing a drug dog to perform a free-air sniff around the vehicle in which the defendant was riding as a passenger impermissibly prolonged

  • Randolph v. State

    Publication Date: 2016-01-05
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    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Earle Duncan, Darien, for appellant.
    for defendant: Jacquelyn Johnson, District Attorney, Brunswick, and Andrew Ekonomou The Lambros Firm LLC, Atlanta, for appellee.
    Case Number: A15A1024

    The State failed to show that the defendant violated the Georgia Street Gang Terrorism and Prevention Act when he arranged the sale of personal-use amounts of marijuana to individual members of a ga

  • Jackson v. State

    Publication Date: 2015-12-09
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    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Tina Maddox Hamilton Maddox LLC, Vidalia, for appellant.
    for defendant: Samuel Altman, District Attorney, Swainsboro, and Jessica Wilson District Attorney's Office, Lyons, for appellee.
    Case Number: A15A1323

    The trial court erred in requiring the defendant to pay restitution to the victim for the day he took off work to appear at the restitution he