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  • Levin v. State

    Publication Date: 2015-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James Luttrell, Canton, for appellant.
    for defendant: Brian Fortner, District Attorney, and Emily Richardson District Attorney's Office, Douglasville, for appellee.
    Case Number: A15A1519

    Double jeopardy did not bar resentencing on the merged count of aggravated battery after the defendant's conviction for kidnapping with bodily injury was rev

  • Tucker v. Rogers

    Publication Date: 2015-10-14
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael Frick and Madeline Mitchell Hall Booth Smith PC, Brunswick, for appellant.
    for defendant: . Linley Jones and Jennifer Ivey Linley Jones PC, Atlanta, for appellee.
    Case Number: A15A0770

    An issue of fact remained as to whether the attorney's actions in failing to file suit on behalf of his personal injury client fell below the standard of care in light of the parties' competing expe

  • Kirkland v. State

    Publication Date: 2015-10-13
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James C. Bonner Jr. Georgia Public Defender Standards Council, Atlanta, and Bentley Adams, Public Defender, Columbus, for appellant.
    for defendant: Thomas Earnest, District Attorney, and Ronald Smith, Assistant District Attorney, Cuthbert, for appellee.
    Case Number: A15A1143

    The fact that the then-4-year-old child molestation victim was unresponsive to certain questions on the witness stand did not render her out-of-court statements regarding the sexual abuse inadmissib

  • Best Buy Co. v. McKinney

    Publication Date: 2015-10-09
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: LeRyan Lambert, Adam Long, and Marion Waters Eraclides, Gelman, Hall, Indek, Goodman Waters LLC, Lawrenceville, for appellant.
    for defendant: Michael Warshauer and Trent Shuping Warshauer Law Group PC, Atlanta, for appellee. Other party representation: Thomas Allen, Shubhra Mashelkar, Y. Kevin Williams Weinberg, Wheeler, Hudgins, Gunn Dial LLC, and James Hardee Fain, Major, Wiley Brennan, Atlanta.
    Case Number: A15A1278

    The employer was not entitled to enforce its workers' compensation subrogation lien against a settlement reached between a former employee and certain third-party tortfeasors, as it failed to prove

  • LaGon v. State

    Publication Date: 2015-10-09
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Suellen Fleming, Carrollton, and Vernon Smith, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, and Kathryn Powers, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A15A0911

    The trial court was authorized to find that the defendant attempted to use the discharge of his appointed counsel of 19 months as a dilatory tactic to delay the start of his trial for statutory rape

  • Law Journal Press | Digital Book

    Texas Personal Automobile Insurance Policy 2020

    Authors: Janet K. Colaneri

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  • Campbell v. State

    Publication Date: 2015-10-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Steven Miller, Summerville, for appellant.
    for defendant: Herbert Poston, District Attorney, and George Souther District Attorney's Office, Dalton, for appellee.
    Case Number: A15A1343

    The trial court did not abuse its discretion in requiring the defendant to wear an electronic shock device at trial as a security me

  • Jones v. State

    Publication Date: 2015-10-07
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Long Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Gerald Mason District Attorney's Office, Decatur, for appellee.
    Case Number: A15A1011

    Separate facts supported the defendant's convictions for incest by committing sodomy on his niece and his conviction for the statutory rape of the same victim, and those convictions therefore did no

  • State v. Quarterman

    Publication Date: 2015-10-07
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Margaret Heap, District Attorney, and Lyndsey Rudder District Attorney's Office, Savannah, for appellant.
    for defendant: Justin Maines and Steven Sparger, Savannah, for appellee.
    Case Number: A15A1237

    The defendant's flight, coupled with the circumstances of the traffic stop at issue, provided the arresting officer with at least a reasonable, articulable suspicion to warrant further investig

  • Smith v. State

    Publication Date: 2015-08-12
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Velbert D. Smith, Wrightsville, proceeded pro se. Brian Fortner, District Attorney, and James Dooley, Assistant District Attorney, Douglasville, for appellee.
    for defendant:
    Case Number: A15A0329

    The defendant was deprived of his constitutional right to self-representation because he "knowingly and intelligently" waived his right to counsel before

  • Wells Fargo Bank NA v. Cook

    Publication Date: 2015-08-10
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Tiffany McKenzie and Jennifer Odom Bryan Cave LLP, Atlanta, for Wells Fargo. Nicholas Moraitakis Moraitakis Kushel LLP, and James Ford, Atlanta, for Cook.
    for defendant:
    Case Number: A15A0202; A15A0203

    The trial court erred in denying summary judgment to the trustee of a charitable remainder annuity trust in the beneficiaries' lawsuit for breach of fiduciary duty and breach of contract arising af