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Publication Date: 2016-07-20
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Court: Court of Appeals
Judge: McMillian, Carla W.
Attorneys: For plaintiff: Michael Marr, Doraville, for appellant.
for defendant: Daniel J. Porter, District Attorney, and Thomas Williams, Assistant District Attorney, Lawrenceville, for appellee.
Case Number: A16A0188
The evidence supported the defendant's conviction for possession of a firearm by a convicted felon after an officer found a gun in the vehicle the defendant was driving from omobile auction to
Publication Date: 2016-07-06
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Court: Court of Appeals
Judge: McMillian, Carla W.
Attorneys: For plaintiff: Michael Tarleton and Jimmonique Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
for defendant: Robert D. James Jr., District Attorney, and Deborah Wellborn, Assistant District Attorney, Decatur, for appellee.
Case Number: A16A0053
The defendant was entitled to a new trial after a jury convicted him of rape and child molestation, because he received ineffective assistance of counsel when his trial counsel failed to object to t
Publication Date: 2016-06-30
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Court: Court of Appeals
Judge: McMillian, Carla W.
Attorneys: For plaintiff: David Walker Georgia Public Defender Council, Macon, for appellant.
for defendant: Dennis Sanders, District Attorney, Kevin Majeska, and Durwood Davis, Assistant District Attorneys, Thomson, for appellee.
Case Number: A16A0390
The evidence was sufficient to authorize the trial court to exercise its discretion to sentence the defendant to felony theft by taking under O.C.G.A. § 16-8-12 subsection a 5 A after he stole four
Publication Date: 2016-06-20
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Court: Court of Appeals
Judge: McMillian, Carla W.
Attorneys: For plaintiff: Larry Stewart, Lawrenceville, for appellant.
for defendant: . Forrest Fields Gwinnett Cnty. Law Dep't, Lawrenceville, for appellee.
Case Number: A15A2026
The trial court erred in finding that the plaintiffs were not entitled to recover damages to personal property under their inverse condemnation
Publication Date: 2016-05-24
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Court: Court of Appeals
Judge: McMillian, Carla W.
Attorneys: For plaintiff: William Custer, Jennifer Dempsey, Laura Williams Bryan Cave LLP, Atlanta, and Ryan Hendley Reynolds Reynolds Duncan LLC, Tuscaloosa, AL, for appellant.
for defendant: John Christy Schreeder, Wheeler Flint, Atlanta, Aaron Chausmer Hecht Walker PC, Stockbridge, and Robert Spears Thomerson, Spears Robl LLC, Decatur, for appellees.
Case Number: A15A2313
The plaintiff lacked standing under the Uniform Fraudulent Transfers Act to set aside transfers non-judgment debtors made following the entry of a judgment in favor of the plaintiff on a loan de
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Publication Date: 2016-05-23
Practice Area:
Industry:
Court: Court of Appeals
Judge: McMillian, Carla W.
Attorneys: For plaintiff: Kevin Anderson Georgia Public Defender Standards Council, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, and Joshua Morrison District Attorney's Office, Atlanta, for appellee.
Case Number: A15A2107
The defendant failed to prove his ineffective assistance of counsel claim because, pretermitting whether counsel's performance was deficient, the defendant could not demonstrate prejudice in light o
Publication Date: 2016-04-01
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Court: Court of Appeals
Judge: McMillian, Carla W.
Attorneys: For plaintiff: Gregory Blazer and John Robinson Robinson Blazer LLP, Decatur, for appellant.
for defendant: Laura Johnson, Chief Assistant County Attorney, John Jones, Assistant County Attorney, and Bennett Bryan DeKalb County Law Department, Decatur, for appellees.
Case Number: A15A1747
Sovereign immunity barred the plaintiff's claims against a tax commissioner and the county arising out of a tax sale of the plaintiff's property, and the plaintiff did not meet its burden of proof t
Publication Date: 2016-03-23
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Court: Court of Appeals
Judge: McMillian, Carla W.
Attorneys: For plaintiff: Michael Nation, Conyers, for appellant.
for defendant: Richard Read, District Attorney, Roberta Earnhardt, Senior Assistant District Attorney, and Kirk Thomas, Assistant District Attorney, Conyers, for appellee.
Case Number: A15A1849
The evidence was sufficient to support the defendant's convictions on drug distribution charges beyond a reasonable doubt and the trial court did not err in denying his motion for directed ve
Publication Date: 2016-03-22
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Court: Court of Appeals
Judge: McMillian, Carla W.
Attorneys: For plaintiff: Lynn Kleinrock, Atlanta, for appellant.
for defendant: Paul L. Howard Jr., District Attorney, Sheila Gallow, Senior Assistant District Attorney, and Joshua Morrison District Attorney's Office, Atlanta, for appellee.
Case Number: A15A1631
The trial court reversibly erred in failing to give the whole requested pattern jury charge on a defendant's choice not to testify in his own defense and in failing to charge the jury that it could
Publication Date: 2016-03-09
Practice Area:
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Court: Court of Appeals
Judge: McMillian, Carla W.
Attorneys: For plaintiff: Robert Mack Mack Harris PC, Forest Park, for appellant.
for defendant: Mary C. Smith, Debra LeVorse, and David Marshall Hawkins Parnell Thackston Young LLP, Atlanta, for appellee.
Case Number: A15A1773; A16A0303
The plaintiff waived the requirement of formal notice from the trial court that it would consider the defendant's motion to dismiss as one for summary judgment when she responded to the motion and
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