• McKinney v. State

    Publication Date: 2005-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Joe W. Hendricks Jr. and Mathew A. Baker, Canton, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Scott T. Poole District Attorney's Office, Canton, for appellee.

    Case Number: A05A0621

    The defendant could not show harm from the limitation of cross-examination of the investigator where the subject matter was repetitious of other facts admitted without obje

  • Cornelius v. State

    Publication Date: 2005-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Howard Z. Simms, District Attorney, and Sandra G. Matson, Assistant District Attorney, Macon, for appellee.

    Case Number: A05A0468

    The defendant fired a handgun four or five times into the cab of a pickup truck were three people were si

  • Guzman v. State

    Publication Date: 2005-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Michael A. Corbin, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Herbert M. Poston Jr., Assistant District Attorney, Dalton, for appellee.

    Case Number: A05A0722

    The victim's out-of-court statement to a therapist was admissible under the circumstances, since the statement was reliable and was cumulative of other properly admitted testimony about similar state

  • Lewis v. Smith

    Publication Date: 2005-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James W. Lewis, Mableton, for appellant.
    for defendant: Glenville Haldi, Roswell, for appellee. Other party representation: Robert F. Dangle Price, Pyles, Dangle, Parmer & Rooks, Carrollton.

    Case Number: A05A0624

    An attorney whose client prevents him from recovering under a contingency contract has a remedy in quantum m

  • Hill v. Mercedes Benz USA LLC

    Publication Date: 2005-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Amy M. Budow Krohn & Moss LTD, Atlanta, for appellant.
    for defendant: . Jonathan R. Friedman McKenna, Long & Aldridge LLP, Atlanta, for appellee.

    Case Number: A05A0114

    Some evidence showed that efendant failed to successfully repair the plaintiffs' new Mercedes-Benz roadster, despite the replacement of multiple parts and extensive repairs involving 22 trips t

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  • Brooks v. State

    Publication Date: 2005-07-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Charles C. Stewart Jr., Donalsonville, for appellant.
    for defendant: Charles M. Ferguson, District Attorney, Cuthbert, and David H. Moseley, Assistant District Attorney, Blakely, for appellee.

    Case Number: A05A0123

    The officer had probable cause to stop the defendant after he ran a stop sign and had probable cause to arrest the defendant after discovering that he was wanted on an outstanding wa

  • Clue v. State

    Publication Date: 2005-07-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Charles C. Flinn Carnesale & Delan LLC, Decatur, for appellant.
    for defendant: Jeffrey H. Brickman, Acting District Attorney, and Barbara B. Conroy, Assistant District Attorney, Decatur, for appellee.

    Case Number: A05A0651

    The ineffectiveness of plea counsel in incorrectly advising the defendant about his parole eligibility with regard to the more serious offenses to which he pled guilty undermined the voluntariness a

  • In the Interest of L. G. and Y. G.

    Publication Date: 2005-06-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James E. Watkins, Stockbridge, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, and Jason T. Harper Crumbley & Crumbley, McDonough, for appellee. Other party representation: Faye E. Hays, Stockbridge, and Gerald P. Privin, McDonough.

    Case Number: A05A0519

    The mother's failure to remain drug and alcohol free and out of jail supported the termination of her parental r

  • Dickerson v. State

    Publication Date: 2005-06-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Diane M. McLeod, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Jon Hope, Assistant District Attorney, Savannah, for appellee.

    Case Number: A05A0495

    Testimony that the defendant was on parole at the time of her arrest was admissible to show her motive for giving a false name when she was arrested and forging that name on her criminal

  • Trans-Vaughn Dev. Corp. v. Cummings

    Publication Date: 2005-06-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Charles J. Willcox and Gerald R. Ryan Jr. Moore, Clarke, Duvall & Rodgers, Albany, for appellant.
    for defendant: Russell M. Boston, Wendy S. Boston Boston Passante LLP, Macon, and Jeremy R. Davis Speed & Seta LLC, Lawrenceville, for appellee.

    Case Number: A05A1057

    The plaintiff had equal knowledge of an allegedly hazardous back entrance to her officer building through her prior repeated use of that entran