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  • State v. Bankston

    Publication Date: 2016-08-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Paige R. Whitaker, Deputy District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellant.
    for defendant: Jennifer Lubinsky Public Defender's Office, Atlanta, for appellee.
    Case Number: A16A0003

    The trial court did not have the authority to accept the defendant's guilty plea to the uncharged, lesser-included offense of robbery by intimidation after the State negotiated a plea to the indicte

  • Pitt v. State

    Publication Date: 2016-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Herman Kilgore, Marietta, for appellant.
    for defendant: Shannon Wallace, District Attorney, and Cliff Head, Assistant District Attorney, Canton, for appellee.
    Case Number: A16A0408

    The trial court properly denied the defendant's motion for new trial, because there was no violation of the defendant's right to be present at trial when he was absent from the courtroom during a br

  • R G Invs. Holdings LLC v. American Family Ins. Co.

    Publication Date: 2016-08-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Kenneth Pollock, Atlanta, for appellant.
    for defendant: James Taylor Fain, Major Brennan PC, Atlanta, for appellee.
    Case Number: A16A0399

    The insurance policy's vacancy exclusion, which excluded coverage for property damage caused by vandalism or water if the insured building was vacant for more than 60 cons

  • State v. Marshall

    Publication Date: 2016-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Sheila Gallow, and Michael Snow District Attorney's Office, Atlanta, for appellant.
    for defendant: Steven Phillips, Public Defender, and Stephanie Mutti Public Defender's Office, Atlanta, for appellees.
    Case Number: A16A0744; A16A0748

    The trial court did not err in concluding that the defendants had not waived their statutory demand for a speedy trial and that they therefore were entitled to an automatic discharge and acquittal w

  • Schumacher v. City of Roswell

    Publication Date: 2016-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John Monroe, Roswell, for appellant.
    for defendant: . Dana Maine Freeman Mathis Gary, Atlanta, and Coleen Hosack, Forest Park, for appellee.
    Case Number: A16A0582

    The plaintiffs' appeal was from the superior court's review of a local government zoning decision, and they were therefore required to appeal by discretionary application under O.C.G.A. § 5-6-35 sub

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  • Adewumi v. Amelia Grove/Ashland Park Homeowners Ass'n Inc.

    Publication Date: 2016-07-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Omotola Adewumi, Victorville, CA, proceeded pro se. Kathryn Roberts Lazega Johanson, Atlanta, for appellee.
    for defendant:
    Case Number: A16A0138

    The defendant failed to respond to the plaintiff's requests for admissions and did not request that the admissions be withdrawn or respond to the plaintiff's motion for summary judgment; accordingly

  • Zaldivar v. Prickett

    Publication Date: 2016-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jonathan Jones, Sean Hynes, and Andrew Curtright Downey Cleveland LLP, Marietta, for appellant.
    for defendant: Edward Wynn and James Sadd Slappey Sadd LLC, Atlanta, for appellees. Other party representation: John Hadden Turkheimer Hadden LLC, John Harris The Law Offices of James C. McLaughlin, Atlanta, and Steven Salcedo, Decatur.
    Case Number: A14A0113

    An affirmative defense or immunity does not eliminate fault or cut off proximate cause; it only bars liability notwithstanding that the fault of t

  • Hopkins v. State

    Publication Date: 2016-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Chauncey Barnwell Brown Barnwell PC, Savannah, for appellant.
    for defendant: Margaret Heap, District Attorney, and Brian Casey District Attorney's Office, Savannah, for appellee.
    Case Number: A16A0264

    Assuming without deciding that the prosecutor's closing argument was improper, the trial court's curative instruction cured any unfairness the argument created and adequately preserved the defendant

  • Whaley v. State

    Publication Date: 2016-07-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Rodney A. Quesenberry, Evans, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Joshua B. Smith District Attorney's Office, Augusta, for appellee.
    Case Number: A16A0569

    The State conceded on appeal that it failed to prove a material allegation in the indictment, and the Court therefore reversed the defendant's conviction for reckless driving, but the evidence suppo

  • Sapp v. State

    Publication Date: 2016-06-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Amy Ihrig Public Defender's Office, Savannah, for appellant.
    for defendant: Margaret Heap, District Attorney, Jerome Rothschild, Assistant District Attorney, and Lyndsey Rudder District Attorney's Office, Savannah, for appellee.
    Case Number: A16A0682

    The evidence sufficiently supported the defendant's conviction for fleeing or attempting to elude a police officer, even though he was a passenger in the vehicle that was involved in a police pursui