• Jones v. State

    Publication Date: 2014-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Matthew Carlton Carlton Law LLC, Decatur, for appellant.
    for defendant: James McDade, District Attorney, and Rachel Ackley, Assistant District Attorney, Douglasville, for appellee.

    Case Number: A13A1896

    Even if the trial court erred in failing to question the defendant to establish if he wanted to enter an Alford plea, the record showed that the defendant was cognizant of all of the rights he was

  • First Chatham Bank v. Liberty Capital LLC

    Publication Date: 2014-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Todd Baiad and Andrew Dekle Bouhan Falligant LLP, Savannah, for appellant.
    for defendant: James Fletcher Merritt & Fletcher, Smyrna, William Glass Weiner, Shearouse, Weitz, Greenberg & Shaw, Savannah, and James Smith Ratcliffe & Smith PC, Hinesville, for appellees.

    Case Number: A13A1749

    A genuine issue of material fact remained as to whether the loan purchase agreement at issue, which related to the development of certain residential lots located on Hampton Island in Liberty County

  • Ananaba v. State

    Publication Date: 2014-03-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael Miller Miller & Hightower, and James Allison, Douglasville, for appellant.
    for defendant: James McDade, District Attorney, and Rachel Ackley, Assistant District Attorney, Douglasville, for appellee.

    Case Number: A13A2425

    O.C.G.A. § 17-16-4's plain language requires the State to make available all physical evidence for inspection within a certain time period before trial, but it does not require the State to take the

  • Miller v. State

    Publication Date: 2014-02-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John Cannon, Albany, for appellant.
    for defendant: Karl Cooke, District Attorney, Myra Tisdale, and Dorothy Hull, Assistant District Attorneys, Macon, for appellee.

    Case Number: A13A2500

    Under the preponderance of evidence standard, the trial court properly found that there was sufficient evidence that the two prior rapes, which were admitted into evidence as similar transactions, o

  • Smith v. State

    Publication Date: 2014-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Oliver Register, Thomasville, for appellant.
    for defendant: J. David Miller, District Attorney, Tracy Chapman, and Jessica Clark, Assistant District Attorneys, Valdosta, for appellee.

    Case Number: A13A2180

    The victims' testimonies and evidence that the defendant employed an elaborate three-way calling scheme to hide his location at the time of the attack supported his convictions for aggravated assaul

  • Taylor v. State

    Publication Date: 2014-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Amanda Flora Solicitor General's Office, Jonesboro, for appellant.
    for defendant: Gregory Winters, District Attorney, and Jason Wilbanks District Attorney's Office, Macon, for appellee.

    Case Number: A13A1705

    Although there was no evidence that valuable items were located in the burglarized building, the jury could infer the intent element of burglary from the circumst

  • Lavertu v. State

    Publication Date: 2014-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Edward Silverbach and Katherine Dodd The Silverbach Group LLC, Kennesaw, for appellant.
    for defendant: Matthew Krull, Solicitor General, and David Holmes Solicitor General's Office, Douglasville, for appellee.

    Case Number: A13A2158

    In light of the overwhelming evidence of guilt, the defendant failed to show that but for her counsel's failure to object to the State's comment in closing argument in which the prosecutor allegedly

  • Myrick v. State

    Publication Date: 2014-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A13A1973

    The trial court properly declined to apply the rule of lenity when sentencing the defendant since the statutory provisions at issue were clearly unambi

  • In Re: The Estate of Maria L. Coutermarsh

    Publication Date: 2013-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Beverly Adams, Tucker, for appellant.
    for defendant: Chad Henderson and Andrew Mullen Henderson Legal LLC, Atlanta, for appellee.

    Case Number: A13A2110

    The petitioner was authorized to be represented solely by counsel rather than attend in person the hearing on her petition to remove the executrix of the decedent's estate for a conflict of int

  • Wise v. State

    Publication Date: 2013-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Robert Persse, Statesboro, for appellant.
    for defendant: Richard Mallard, District Attorney, and Benjamin Edwards District Attorney's Office, Statesboro, for appellee.

    Case Number: A13A2334

    The evidence was sufficient to support the defendant's three burglary convic