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  • Patterson v. State

    Publication Date: 2005-04-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Jeffrey L. Grube, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Katherine K. Lumsden, Assistant District Attorney, Perry, for appellee.
    Case Number: A05A0490

    The state gave a race-neutral explanation for using a peremptory strike to remove the sole African-American male prospective

  • Albany Bone & Joint Clinic PC v. Philip D. Hajek MD

    Publication Date: 2005-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Charles K. Wainright II and Dawn G. Benson Watson, Spence, Lowe and Chambless LLP, Albany, for appellant.
    for defendant: David B. Folsom, James H. Moore III and Charles E. Peeler Moore, Clarke DuVall & Rodgers PC, Albany, for appellee.
    Case Number: A05A0613

    A medical clinic's bylaws, which entitled all departing shareholders to the book value of their stock, did not constitute a financial "penalty" on shareholders who left the clinic to work for a compe

  • Duffy v. State

    Publication Date: 2005-03-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Michael B. Perry, St. Marys, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, Charles K. Higgins and Leslie K. DeVooght, Assistant District Attorneys, Brunswick, for appellee.
    Case Number: A05A0672

    The defendant was not entitled to a mistrial based on the state's closing argument that the absence of his .25 caliber pistol screamed of his

  • Steele v. Atlanta Maternal-Fetal Med. PC

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Allen F. Harris and Jim N. Peterson Jr. Peterson & Harris PC, Atlanta, for appellant.
    for defendant: . John E. Hall Jr. and Jonathan Marigliano Hall, Booth, Smith & Slover PC, Atlanta, for appellees.
    Case Number: A04A2023

    The trial court reversibly erred in overruling the plaintiffs' objection to defense counsel's closing argument, in which counsel effectively argued that the plaintiffs bore the burden of proving the

  • State v. Mauerberger

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Richard W. Shelton, Solicitor, and Sandra K. Sanders, Assistant Solicitor General, Valdosta, for appellant.
    for defendant: Patrick C. Cork Cork & Cork, Valdosta, for appellee.
    Case Number: A04A2346

    The officer's questions about weapons and drugs and his request for consent to search did not prolong, continue or otherwise extend the defendant's lawful detention during a traffic

  • International Biochemical Indus. Inc. v. Jamestown Management Corp.

    Publication Date: 2003-09-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Lynn C. Stewart and Scott D. McAlpine Schreeder, Wheeler & Flint, Atlanta, for appellant.
    for defendant: Susan E. Edlein Holland & Knight, Atlanta, for appellees.
    Case Number: A03A1275

    Res judicata did not bar the lessor from bringing claims for future or accelerated rent after successfully pursuing claims for past due rent in a dispossessory proceeding since the parties' lease ex

  • City of Atlanta v. Conner

    Publication Date: 2003-07-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Linda K. DiSantis, City Attorney, Bernard R. Thomas Sr., Senior Assistant City Attorney, and Michelle L. Thomas City of Atlanta, Law Dep't, Atlanta, for appellant.
    for defendant: . Gary J. Leshaw, Decatur, for appellee.
    Case Number: A03A0174

    The trial court determine the fair market value of th ntiff's home before it could award damages for the city's breach of a rehabilitation program contract, which resulted in deterioration of t

  • Bailey v. State

    Publication Date: 2003-05-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Frank K. Martin The Martin Firm, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Jarrell H. Palmer, Assistant District Attorney, Columbus, for appellee.
    Case Number: A03A0613

    The trial court properly declared a mistrial after the jury in defendant's first trial deadlocked 10-2 since the state did not consent to defendant's proposed waiver of her right to a unanimous ve

  • Lowery v. State

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: L. Stanford Cox III, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Jeffrey L. Foster, Chief Assistant District Attorney, Monroe, for appellee.
    Case Number: A03A0218

    The defendant's trial counsel was not deficient in failing to call him to testify in his own defense where the evidence showed that the defendant was well aware of his right to testify, but agreed w

  • Lopez v. State

    Publication Date: 2003-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: L. David Wolfe and Mark A. Yurachek L. David Wolf PC, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, C. Lance Cross and Dana J. Norman, Assistant District Attorney, Marietta, for appellee.
    Case Number: A02A2087

    Discovery of a weapon labeled for law enforcement use only and loaded with police-issue ammunition did not exclude the possibility that the weapon was given away or sold on the black market in viola