• Aldridge v. State

    Publication Date: 2014-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Frederick Scherma, Atlanta, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, and John Edwards District Attorney's Office, Marietta, for appellee.

    Case Number: A13A2154

    The defendant's statement to the victim that the victim did not want to mess with him and he had served time was relevant to show the defendant's intent, state of mind and course of conduct for his

  • Quinney v. Phoebe Putney Mem'l Hosp. Inc.

    Publication Date: 2013-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Charles Adams Adams & Adams LLP, Fort Valley, Virgil Adams Adams, Jordan & Treadwell, and William Heard Adams & Jordan PC, Macon, for appellant.
    for defendant: . Jeffrey Braintwain, Michael Frankson Huff, Powell & Bailey LLC, Atlanta, Joseph Durham Lee Durham LLC, and Donald Lee Langley & Lee, Albany, for appellees.

    Case Number: A13A1616

    The trial court properly found that the services the defendants rendered constituted "emergency medical care" as defined in O.C.G.A. § 51-1-29.5 subsection a 5, but erred in finding that the plainti

  • State v. Hughes

    Publication Date: 2013-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Julia Slater, District Attorney, and Wesley Lambertus District Attorney's Office, Columbus, for appellant.
    for defendant: Richard Hagler, Columbus, and Allen Trapp, Carrollton, for appellee.

    Case Number: A13A1399

    The facts were sufficient to give officers probable cause upon which to require the 17-year-old defendant to submit to a blood test under the implied consent statute after a fatal accident in which

  • Armstrong v. State

    Publication Date: 2013-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: John Kraus, Atlanta, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Frances Kuo District Attorney's Office, Jonesboro, for appellee.

    Case Number: A13A1490

    After defense counsel expressed concern that one of the jurors appeared to be sleeping, the trial court did not abuse its discretion in reminding jurors of the importance of staying awake and instit

  • Byrd v. State

    Publication Date: 2013-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Lynn Kleinrock, Atlanta, for appellant.
    for defendant: Daniel J. Porter and Lindsay Gardner, District Attorneys, Lawrenceville, for appellee.

    Case Number: A13A1403

    Defense counsel was ineffective in failing to object to that portion of the trial court's jury charge on aggravated assault which removed from the jury's province the issue of whether the handgun t

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  • Eells v. State Farm Mut. Auto. Ins. Co.

    Publication Date: 2013-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Robin Clark, Atlanta, for appellant.
    for defendant: Stephanie Chavies and Donna Willis Sharon Ware & Associates, Atlanta, for appellee.

    Case Number: A13A1085

    On remand, the trial court must determine whether the insurance contract's coverage provisions were ambiguous and, if so, whether the plaintiff's 2-year delay in providing written notice of the acci

  • Security Real Estate Servs. Inc. v. First Bank of Dalton

    Publication Date: 2013-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Charles Myers, Nathan Wood, Robert Waddell, and Thomas Walker McGuire Woods LLP, Atlanta, for appellant.
    for defendant: Warren Coppedge and Joseph Evans Coppedge & Evans PC, Dalton, for appellee.

    Case Number: A13A1210

    Attorneys' fees and expenses of litigation were not recoverable under O.C.G.A. § 13-6-11 as a matter of law because there was no award of damages or other relief on the underlying c

  • Newton v. Ragland

    Publication Date: 2013-11-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Sarah Akins, Paul Painter, and Megan Manly Ellis, Painter, Ratterree & Adams LLP, Savannah, for appellant.
    for defendant: Robert Turner, William Otto Savage, Turner, Pinckney & Madison, Savannah, and Marion Pope Hasty Pope LLC, Canton, for appellee.

    Case Number: A13A1541

    Because the insurance company's acceptance letter used precatory rather than mandatory words in requesting that the plaintiff "please complete the attached release and return it", it did not impose

  • Newsome v. State

    Publication Date: 2013-11-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Sheueli Wang and Long Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Arthur Walton, Assistant District Attorney, Atlanta, for appellee.

    Case Number: A13A1052

    The defendant's conviction and sentence for aggravated assault was vacated and his case remanded for resentencing, since his aggravated assault conviction merged with his armed robbery conviction un

  • O'Dell v. Mahoney

    Publication Date: 2013-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ray, William M.
    Attorneys: For plaintiff: Brent Savage and Brent Savage Jr. Savage, Turner, Savannah, for appellant.
    for defendant: Ned Blumenthal, Laura Morris Weissman, Nowack, Curry & Wilco PC, Atlanta, and Thomas Mahoney, Savannah, for appellees.

    Case Number: A13A0786

    The Court of Appeals had jurisdiction to consider the plaintiff's appeal from the earlier grants of dismissal and summary judgment to certain defendants after the trial court entered a final judgmen