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  • Carolina v. State

    Publication Date: 2005-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Cynthia W. Harrison, Stone Mountain, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Alvera A. Wheeler, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A1466

    The defendant lured the 12-year-old victim to his home under the false pretense of needing to charge his cell phone, once there, he turned on a pornographic videotape in the victim's presence and h

  • Scales v. Textron Fin. Corp.

    Publication Date: 2005-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: J. Vincent Cook and Robert C. Irwin III Cook, Noell, Tolley, Bates & Michael LLP, Athens, for appellant.
    for defendant: R. Michael Thompson and Bret T. Thrasher Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellee.
    Case Number: A05A1504

    The defendant failed to show that he provided adequate consideration the plaintiff in exchange for the plaintiff's agreement to release him from his personal guarantees to certain defaulted financin

  • Mathis v. State

    Publication Date: 2005-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: Gregory R. Barton, Solicitor, Douglasville, for appellee.
    Case Number: A05A1271

    The prosecutor's improper comments during closing argument were not made for the purpose of subverting the DUI defendant's protection of double jeo

  • Maynard v. Brown

    Publication Date: 2005-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Charles J. Vrono, Forest Park, for appellant.
    for defendant: Randall L. Keen, Jonesboro, for appellee.
    Case Number: A05A1312

    The Court of Appeals vacated the trial court's adoption decree, because it failed to set forth the specific findings of fact and conclusions of law required by O.C.G.A. § § 19-8-10 b 1 and 19-8

  • Joseph H. King Jr. PC v. Lessinger

    Publication Date: 2005-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Louis R. Feingold Northcutt, Edwards & Feingold and Joseph H. King Jr., Atlanta, for appellant.
    for defendant: Y. Kevin Williams, Stephen R. Kane and Allison M. Richardson Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellee.
    Case Number: A05A1255

    When a attorney is discharged before the contingency in a contingency fee contract occurs, the discharged attorney is limited to pursuing the equitable remedy of quantum meruit against his c

  • Law Journal Press | Digital Book

    Connecticut Business Litigation, 4th Edition

    Authors: THOMAS J. FINN, PAULA CRUZ CEDILLO

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  • State v. McKinney

    Publication Date: 2005-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: William K. Wynne Jr., District Attorney, Monroe, for appellant.
    for defendant: David A. LaMalva, Conyers, for appellee.
    Case Number: A05A1330

    The defendant's 14-year-old son did not have the particularized authority to consent to the search of his father's be

  • Gambell v. Georgia Ports Auth.

    Publication Date: 2005-11-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Steven E. Scheer, Savannah, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, John C. Jones, Senior Assistant Attorney General, and David E. Langford, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A05A1022

    The plaintiff failed to give ante litem notice as required to maintain his action against the Georgia Ports Auth

  • Nusser v. State

    Publication Date: 2005-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Marny J. Heit The Chestney-Hawkins Law Firm, Atlanta, for appellant.
    for defendant: Carmen D. Smith, Solicitor General, Charles B. Hess and Jody L. Peskin, Assistant Solicitors General, Atlanta, for appellee.
    Case Number: A05A1010

    The defendant failed to assert his speedy demand until 20 days before his scheduled

  • Fitz v. State

    Publication Date: 2005-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Stephen P. Harrison Harrison & Harrison, and Jacqualine M. Magistro-Hyde, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Atha H. Pryor, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A0974

    The officer had probable cause to continue questioning the defendant based on his extreme nervousness and the conflicting and odd answers to the officer's ques

  • Davis v. Standifer

    Publication Date: 2005-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Steven P. Berne, Atlanta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Jeffrey W. Stump, Assistant Attorney General, Vincent A. Toreno and Angela F. Donaldson Rutherford & Christie LLP, Atlanta, for appellees.
    Case Number: A05A1292

    The plaintiff's complaint contains allegations of sexual misconduct by a Georgia State Patrol Officer that, if true, violated the United States Constitution and would support a 42 USC § 1983 claim