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  • Phillip v. State

    Publication Date: 2011-12-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Ossia Phillip, Atlanta, proceeded pro se. Paul L. Howard Jr., District Attorney, and David K. Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    for defendant:
    Case Number: A11A2148

    The defendant's 17-year sentence on 14 counts of dogfighting and two counts of aggravated cruelty to animals indicated that each count was to run concurrently, but the maximum sentence for each coun

  • Martin v. State

    Publication Date: 2011-12-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant. Brian K. Fortner, Solicitor General, and Sherrill N. Britt, Douglasville, for appellee.
    for defendant:
    Case Number: A11A1922

    The testimony of the chief deputy sheriff and two field officers established that the roadblock that led to the defendant's arrest was implemented in accordance with applicabl

  • Norfolk S. Ry. Co. v. Everett

    Publication Date: 2011-12-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: William C. Thompson Weissman Nowack Curry & Wilco, Atlanta, and Ralph G. Wellington Schnader Harrison Segal & Lewis LLP, Philadelphia, Pa., for appellant. Michael J. Warshauer, Douglas C. Dumont, and Lyle G. Warshauer Warshauer Law Group PC, Atlanta, for appellee.
    for defendant:
    Case Number: A11A0951

    The trial court plainly erred in granting the employee's pretrial motion in limine barring the railway company from presenting evidence on or making an argument concerning whether the employee was w

  • State v. Sanchez

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Kermit N. McManus, District Attorney, and Benjamin B. Kenemer, Assistant District Attorney, Dalton, for appellant. Jean C. Sperling-Cavalerro and Jennifer K. Mason Campano & Sperling LLC, Chamblee, for appellee.
    for defendant:
    Case Number: A11A1509

    The trial court lacked the authority to modify a sentence imposed pursuant to OCGA § 17-10-3 a 2 outside the term of court in which it was en

  • Rooney v. State

    Publication Date: 2011-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: John Rooney, Grovetown, proceeded pro se. Daniel J. Porter, District Attorney, and William C. Akins, Assistant District Attorney, Lawrenceville, for appellee.
    for defendant:
    Case Number: A11A1316

    The defendant failed to show any basis for finding that his sentence of 64 years with 50 to serve, which also placed a special condition upon his remaining 14 years on probation, imposed illegal pun

  • Liles v. State; Kilgo v. State

    Publication Date: 2011-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Douglas P. Smith Public Defender's Office, McDonough, for appellant.
    for defendant: . Tommy K. Floyd, District Attorney, and Sandra G. Rivers, Assistant District Attorney, McDonough, for appellee.
    Case Number: A11A1012; A11A1013

    The trial court was authorized to find that the state satisfied its burden of showing that one defendant's consent to enter and search his hotel room was not the product of either express or implied

  • Williams v. Booker

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Lee P. Gutschenritter and Wade K. Copeland Carlock, Copeland & Stair LLP, Atlanta, for Williams. Wilson R. Smith Smith & Jenkins, Vidalia, for Booker. John C. Daniel III, Richard A. Epps Jr. and Stuart E. Walker Martin Snow LLP, Macon, for Meadows Regional.
    for defendant:
    Case Number: A11A0634; A11A0635

    Trial court erred by inferring doctor was under the influence of alcohol while performing su from evidence that the doctor drank the weekend before the su

  • Jacobs v. State

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: B. Thomas Cook Jr., Atlanta, for appellant.
    for defendant: Jamie K. Inagawa, Solicitor General, and Joseph B. Myers Jr., Assistant Solicitor, Fayetteville, for appellee.
    Case Number: A11A0107

    The fact that the officer who ordered a roadblock also attended it does not mean that the roadblock was not implemented at the programmatic

  • Kesterson v. Jarrett

    Publication Date: 2010-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Charles A. Mathis Jr. The Mathis Law Firm and David F. Walbert Parks, Chesin, Walbert & Miller PC, Atlanta, for appellant.
    for defendant: . Weymon H. Forrester Forrester & Brim, Gainesville, Thomas S. Carlock, Eric J. Frisch Carlock, Copeland, Semler & Stair, Atlanta, and Andrew H. Marshall, Athens, for appellees.
    Case Number: A10A1452

    The trial court harmlessly erred in not making an explicit finding that there was a substantial likelihood that the injured child's presence it the courtroom would cause the jury to be biased toward

  • Santos v. State

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A2311

    The defendant's repeated refusal to keep his hands away from the pockets of his baggy clothes, his nervous demeanor, the presence of his two companions and the officer's knowledge of the pattern of