• Brown v. Coast Dental of Ga. PC

    Publication Date: 2005-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Stephen J. Wasley Larson & Wasley LLC, Atlanta, for appellant.
    for defendant: Robert E. Spears Jr., Decatur, Matthew G. McLaughlin and Douglas W. Smith Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellees.

    Case Number: A05A1526

    A factual question remained as to whether the 2-year statute of limitation expired before the plaintiff filed her medical malpractice suit alleging misdiagnosis and mistreatment of her dental cond

  • Joseph H. King Jr. PC v. Lessinger

    Publication Date: 2005-10-14
    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

  • Cobb v. State

    Publication Date: 2005-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: John R. Mobley II, Tifton, for appellant.
    for defendant: John G. Conger, District Attorney, and Jarrell H. Palmer, Assistant District Attorney, Columbus, for appellee.

    Case Number: A05A1437

    Defense counsel's consent to reset defendant's trial at a time outside the period allowed by the speedy trial demand waived defendant's right to automatic discharge and acqu

  • Barrow v. State

    Publication Date: 2005-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Stephen B. Taylor Harry Pavilack & Assocs., Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and W. Scott Brannen, Assistant District Attorney, Statesboro, for appellee.

    Case Number: A05A1568

    The burglarized home's back door had pry marks on it, which were consistent with a knife found on the defendant's person when police detaine

  • Banks v. State

    Publication Date: 2005-09-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Bret E. Rudeseal, Shannon, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Harold W. Goldin Jr., Assistant District Attorney, Rome, for appellee.

    Case Number: A05A0831

    The defendant was not harmed by the lack of appointed counsel at her probation revocation hearing, since she admitted to illegally possessing prescription drugs while on probation for fo

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  • Todd v. State

    Publication Date: 2005-09-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jason C. Cain, Assistant District Attorney, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Bradfield M. Shealy, Senior Assistant District Attorney, Valdosta, for appellee.

    Case Number: A05A1214

    The defendant lacked standing to challenge the search of his friend's mobile

  • Winkfield v. State

    Publication Date: 2005-09-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Joel N. Shiver Office of the Pub. Defender, Royston, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Hartwell, for appellee.

    Case Number: A05A0814

    DNA evidence showed that the semen and sperm on the 74-year-old rape victim's bedding could only have come from the defendant or his identical twin br

  • Terrell v. State

    Publication Date: 2005-09-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: David J. Koontz Law Office of Dennis C. O'Brien, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Bruce D. Hornbuckle, and Amelia G. Pray, Assistant District Attorneys, Marietta, for appellee.

    Case Number: A05A1245

    Evidence that the defendant fled to Mexico and lived under an alias for six month supported a finding that he converted a $20,000 wood-chipper, which he rented after providing the owner with false i

  • In the Interest of C. S.

    Publication Date: 2005-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Terrence A. Shannon, Porterdale, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Kimberly Rowden, Assistant District Attorney, Savannah, for appellee.

    Case Number: A05A0864

    The trial judge's accusation that one witness committed perjury was not an indicator of his impartiality against the juvenile in her delinquency hearing for aggravated assault, since the comment did

  • Stovall v. State

    Publication Date: 2005-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Patricia F. Angeli, Jonesboro, for appellant.
    for defendant: Jewel C. Scott, District Attorney, and Billy J. Dixon, Assistant District Attorney, Jonesboro, for appellee.

    Case Number: A05A1490

    The defendant was not entitled to an equal access charge, since his companion testified that the defendant bought the methamphetamine police discovered during a consent search of the defendant's ve