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  • McCullough v. State

    Publication Date: 2015-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John Garland Garland, Samuel Loeb PC, and Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Brian Fortner, James McDade, District Attorneys, and Thomas Kegley, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A14A1634

    The trial court did not commit plain error in three jury charges the defendant challenged on a

  • Hill v. State

    Publication Date: 2015-03-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Sharon Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Christopher Quinn, Assistant District Attorney, and Teresa Klein District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A14A1865

    The 13-year-old victim's prior consistent statement, her trial testimony, her father's testimony and the defendant's confession to the responding officers that he had oral sex and intercourse with t

  • Bray v. State

    Publication Date: 2015-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Benjamin Pearlman Public Defender's Office, Athens, for appellant.
    for defendant: Kenneth Mauldin, District Attorney, and Kristopher Bolden District Attorney's Office, Athens, for appellee.
    Case Number: A14A2114

    The evidence supported the defendant's convictions on two counts of s injury by vehicle after he had a head-on collision with an elderly couple while driving a stolen vehicle and caused them "

  • Galvan v. State

    Publication Date: 2015-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Troy Golden, Assistant Public Defender, Albany, for appellant.
    for defendant: Gregory Edwards, District Attorney, and Heather Lanier, Deputy Chief Assistant District Attorney, Albany, for appellee.
    Case Number: A14A1758

    Despite the victim's recant on the stand, the evidence sufficiently supported the defendant's convictions for aggravated child molest and child molest

  • Harper v. State

    Publication Date: 2015-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Noah H. Pines Ross Pines LLC, Atlanta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A14A2019

    A witness' subsequently-recanted identification of the defendant in a photographic lineup, along with evidence tying the defendant to the cell phone used to set up the drug deal at issue, were suffi

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Georgia Dep't of Corrections v. Couch

    Publication Date: 2015-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, and Robert Bunner, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Thomas Tidwell The Tidwell Law Firm, Atlanta, and Kevin Elwell, Athens, for appellee.
    Case Number: A13A0223

    The trial court erred in calculating the reasonable amount of attorneys' fees awarded under the offer-of-settlement statute, O.C.G.A. § 9-11-68 subsection b 2, based solely on the plaintiff's contin

  • Peak v. State

    Publication Date: 2015-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Darel Mitchell, Greensboro, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Gray, and Allison Mauldin, Assistant District Attorney, Greensboro, for appellee.
    Case Number: A14A1890

    The trial court abused its discretion in admitting evidence of the defendant's two 1978 felony convictions for impeachment purposes without making express findings regarding the prejudicial versus p

  • Hospital Auth. of Valdosta/Lowndes Cnty. v. Brinson

    Publication Date: 2014-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jeffrey Braintwain, Michael Frankson Huff, Powell & Bailey LLC, Atlanta, Brian Miller, Daniel Hoffman, and James Thagard Young, Thagard, Hoffman, Scott & Smith, Valdosta, for appellant.
    for defendant: . Charles Adams Adams & Adams LLP, Fort Valley, James Messer Fonvielle Lewis Foote & Messer, Tallahassee, Fla., and James Corrigan, Pensacola, Fla., for appellee.
    Case Number: A14A0866

    The trial court erred in finding as a matter of law that the ER statute, O.C.G.A. § 51-1-29.5, did not apply in the plaintiff's medical malpractice case, as the issue of whether her child's medical

  • In the Interest of R. M.

    Publication Date: 2014-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Alice Button Georgia Public Defender Standards Council, Milledgeville, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Gray, and Joseph McKinnon District Attorney's Office, Milledgeville, for appellee.
    Case Number: A14A0860

    The evidence showed beyond a reasonable doubt that the juvenile violated the provisions of his probation after he was adjudicated delinquent for having committed an offense that would have constitut

  • Wiggins v. State

    Publication Date: 2014-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gary Jones, Marietta, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, and Daniel Quinn, Assistant District Attorney, Marietta, for appellee.
    Case Number: A14A0785

    In reviewing the defendant's motion for new trial, the trial court erred in failing to exercise its discretion and weigh the evidence in addition to determining its legal suffic