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  • Alston v. State

    Publication Date: 2014-09-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A1018; A14A1019

    The State presented sufficient evidence of the necessary nexus between the defendants' criminal street gang violations and the crimes of aggravated assault and armed robbery, as the evidence present

  • Davenport v. State

    Publication Date: 2014-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: William Head, Atlanta, and Ashleigh Merchant The Merchant Law Firm PC, Marietta, for appellant.
    for defendant: Barry Morgan, Solicitor General, and Joseph Hudson Solicitor General's Office, Marietta, for appellee.
    Case Number: A14A1095

    The trial court properly exercised its discretion under former O.C.G.A. § 24-10-94 subsection a in finding that the out-of-state wi whom the defendant wished to subpoena, was not a material wi

  • Phillips v. Harmon

    Publication Date: 2014-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Wayne Grant, Kimberly Grant, and Jonathan Parrish Wayne Grant PC, Atlanta, for appellant.
    for defendant: . Michael Bailey, Anna Fretwell Huff, Powell & Bailey LLC, John Hall, Heather Saum, and Mark Wortham Hall, Booth, Smith & Slover PC, Atlanta, for appellees.
    Case Number: A14A0188

    The medical malpractice plaintiffs were entitled to a new trial following a verdict in favor of the defendants, as the trial court responded to a note from the jury during deliberations regarding th

  • Laster v. National Collegiate Student Loan Trust

    Publication Date: 2014-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A1057; A14A1059

    The superior court should have transferred the defendants' appeal from a state court summary judgment order to the Court of Appeals for review, instead of dismissing it for lack of jurisdi

  • Minor v. State

    Publication Date: 2014-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A14A0249; A14A0250

    The evidence sufficiently supported the defendants' convictions for armed ro and attempted armed ro

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  • Patterson v. State

    Publication Date: 2014-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Michael Ford Ford & Josey PC, Dunwoody, for appellant.
    for defendant: William Langley, District Attorney, and Cathy Cox-Brakefield, Assistant District Attorney, Blairsville, for appellee.
    Case Number: A14A0121

    The defendant's conviction for hydrocodone possession was reversed, since the trial court improperly instructed the jury as to that c

  • Mowoe v. State

    Publication Date: 2014-08-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
    for defendant: Robert James, District Attorney, and Deborah Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A14A0595

    The defendant's trial counsel was deficient in failing to object to the prosecutor's closing arg

  • Toler v. Georgia Dep't of Transp.

    Publication Date: 2014-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Ivy Cadle, Charles Ruffin Baker, Donelson, Bearman, Caldwell & Berkowitz PC, Macon, and Joseph Boone, Irwinton, for appellant.
    for defendant: . Samuel S. Olens, Attorney General, Atlanta, Paul Dunbar Capers, Dunbar, Sanders, Bruckner & Bellotti LLP, Augusta, Michael Cooper, and John Draughon, Macon, for appellee.
    Case Number: A14A0267

    The trial court abused its discretion in denying the condemnees' motion in limine seeking to exclude evidence and argument regarding the consideration they paid for an assignment of rights for the m

  • 915 Indian Trail LLC v. State Bank & Trust Co.

    Publication Date: 2014-07-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: David Turner and Abby Von Fischer-Benzon Schulten Ward & Turner LLP, Atlanta, for appellant.
    for defendant: Jeffrey Schneider Weissman, Nowack, Curry & Wilco PC, Atlanta, and Steven Mills Mills & Moss LLC, Lawrenceville, for appellee.
    Case Number: A14A0415

    The plaintiff bank met the prima facie requirement for establishing the right to equitable subrogation by establishing that it was the assignee of the loan that paid off the senior lien on the prop

  • Graham v. City of Duluth

    Publication Date: 2014-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Jarrod Oxendine Oxendine & Sauls LLC, Suwanee, and Johnathan Gaskin Flowers & Gaskin, Hinesville, for appellant.
    for defendant: Harvey Gray Gray, Rust, St. Amand Moffett & Brieske LLP, Atlanta, for appellee. Other party representation: Richard Carothers, Buford.
    Case Number: A14A0152

    Genuine issues of material fact remained in the plaintiff's lawsuit against the City of Duluth after an intoxicated, off-duty police officer attacke