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  • Wilson v. State

    Publication Date: 2014-03-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: James Bonner and Michael Tarleton Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Robert James, District Attorney, and Deborah Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A13A2031

    The court's improper comment regarding a witness's credibility clearly intimated the court's opinion that the witness's testimony was believable and therefore required a new

  • Bartow Cnty. v. Southern Dev. III LP

    Publication Date: 2014-03-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Steven Rodham, Jonas Williamson Womack, Gottlieb & Rodham PC, LaFayette, and Hugh Pettit, Cartersville, for appellant.
    for defendant: John Mroczko, Cartersville, for appellee.
    Case Number: A13A2068; A13A2069

    Sovereign imm barred the plaintiff's action against the County seeking payment of excess funds following a tax sale, and the plaintiff failed to meet its burden to show a waiver of such imm

  • McMullen v. State

    Publication Date: 2014-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: James Bischoff Bischoff Law LLC, Fayetteville, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Frances Kuo District Attorney's Office, Jonesboro, for appellee.
    Case Number: A13A2298

    The defendant jumped on the back of an officer, who was attempting to restrain her son, put her hands around his neck and began chokin

  • Smith v. State

    Publication Date: 2014-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Cindy Manning Manning, Levine & Marlow LLP, Peachtree City, for appellant.
    for defendant: Layla Zon, District Attorney, and Melanie Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A13A1845

    Defense counsel's decision not to call one named witness at trial was a matter of reasonable trial strategy, since the witness told counsel that counsel would not want him to testify and counsel thu

  • Plemmons v. State

    Publication Date: 2014-02-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Ashleigh Merchant The Merchant Law Firm PC, Marietta, for appellant.
    for defendant: Donna Gopaul, Solicitor General, Adam Keller, Assistant Solicitor General, and Inez Grant Solicitor General's Office, Cumming, for appellee.
    Case Number: A13A2452

    The trial court properly denied the defendant's motion in limine to exclude evidence that he refused state-administered chemical testing because, under the totality of the circumstances, the defend

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    Authors: Rosemary Alito

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  • Leonard v. State

    Publication Date: 2014-02-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1780

    The defendant's suspended sentence on one of the 11 armed robbery counts against him was not authorized b

  • AIM DMC One LLC v. The Frank Gates Serv. Co.

    Publication Date: 2013-12-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Yasha Heidari Heidari Power Law Group LLC, Atlanta, for appellant.
    for defendant: . Christina Baugh and Henry Fellows Fellows Labriola LLP, Atlanta, for appellees.
    Case Number: A13A1560

    The defendants waived their venue and jurisdiction defenses by failing to raise them at the earliest opport

  • Smith v. State

    Publication Date: 2013-12-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Gregory Willis, Atlanta, for appellant.
    for defendant: Carmen Smith, Solicitor General, and R. Leon Benham, Assistant Solicitor General, Atlanta, for appellee.
    Case Number: A13A1282

    The evidence supported the trial court's determination that the DUI defendant was driving one of the vehicles involved in an accident and that he had a blood alcohol concentration in excess of the l

  • Coogler v. State

    Publication Date: 2013-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Alicia Thomas Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Rebecca Wright, District Attorney, and Natalie Paine District Attorney's Office, Augusta, for appellee.
    Case Number: A13A1410

    The trial court erred in denying the defendant's petition for full release from a verdict of not guilty by reason of insanity, as no rational trier of fact could conclude that he failed to rebut the

  • Phillips v. State

    Publication Date: 2013-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: William Head, Atlanta, for appellant.
    for defendant: Carmen Smith, Solicitor General, and R. Leon Benham, Assistant Solicitor General, Atlanta, for appellee.
    Case Number: A13A0991

    The trial court did not violate the defendant's rights to compulsory process in requiring him to proceed to trial without the witnesses or documents he sought from the Kentucky company that manufact