• Dillard v. State

    Publication Date: 2013-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Margaret Flynt Georgia Public Defender Standards Council, Atlanta, and J. Scott Key, Decatur, for appellant.
    for defendant: James McDade, District Attorney, and James Dooley, Assistant District Attorney, Douglasville, for appellee.

    Case Number: A13A0108

    The defendant failed to prove that his trial counsel was deficient for failing to request a jury charge on criminal trespass as a lesser included offense of burglary, since the trial court would not

  • Herren v. Mitchell Elec. Membership Corp.

    Publication Date: 2013-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Alfred Corriere, Albany, for appellant.
    for defendant: . William Casey, Lisa Whitfield Hicks, Casey & Barber PC, Marietta, William Erwin Powell & Erwin PC, Camilla, and Hugh McNatt McNatt Greene & Peterson, Vidalia, for appellees.

    Case Number: A13A0782

    The parties' easement gave th r company the right to hire a tree removal service to clear-cut hedges under th r lines running over the plaintiffs' Dougherty County mobile home park, thus t

  • Hairston III v. State

    Publication Date: 2013-07-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: George Sparks, Assistant Public Defender, Dalton, for appellant.
    for defendant: Herbert Poston, District Attorney, Susan Franklin, and Dixon Lackey, Assistant District Attorneys, Dalton, for appellee.

    Case Number: A13A0641

    Evidence that the defendant grabbed the victim by her throat and back, pushed her into her car, drove her around, and that when the victim returned to work, her mouth was bloody and one of her fron

  • Russell v. State

    Publication Date: 2013-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Herbert Adams The Adams Law Group PC, Jonesboro, for appellant.
    for defendant: Peter Skandalakis, District Attorney, Newnan, and Lynda Caldwell, Assistant District Attorney, LaGrange, for appellee.

    Case Number: A13A0374

    The victim's testimony that his burglarized grocery store was located in LaGrange, Georgia on East Tibo Street in Troup County, Georgia proved

  • Strobel v. State

    Publication Date: 2013-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Mary Erickson, Atlanta, for appellant.
    for defendant: Penny Penn, District Attorney, and Sandra Partridge, Chief Assistant District Attorney, Cumming, for appellee.

    Case Number: A13A0583

    Any error in admitting credit card receipts from a hotel in Charlotte, North Carolina without proper authentication was harmless, since the defendant admitted that he had lied about his whereabouts

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  • Veasey v. State

    Publication Date: 2013-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: J. Scott Key, Decatur, for appellant.
    for defendant: Tommy Floyd and James Wright, District Attorneys, McDonough, for appellee.

    Case Number: A13A0134; A13A0135

    Robbery is a crime against possession and it does not matter exactly whose property was taken as long as it was taken from an

  • Smith v. State

    Publication Date: 2013-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Edward Brumby Public Defender's Office, Athens, for appellant.
    for defendant: Kenneth Mauldin, District Attorney, and Jeffrey Kwiatkowski District Attorney's Office, Athens, for appellee.

    Case Number: A13A0320

    Because the defendant knowingly defrauded the trial court by assenting to his eligibility for first offender sentencing, he could not request relief from any error resulting ther

  • Chung v. Hair Trend USA Inc.

    Publication Date: 2013-07-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Cory Sims and David Perrie Perrie & Associates LLC, Atlanta, for appellant.
    for defendant: . Douglas Brooks, Atlanta, for appellee.

    Case Number: A13A0706

    The trial court erred in granting the plaintiff's motion for summary judgment without first ruling on the defendant's motion to dismiss for lack of

  • Georgia Dep't of Human Servs., el rel. Jamie L. Gregory v. Patton

    Publication Date: 2013-06-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Mark Cicero, Assistant Attorney General, Atlanta, and Thomas Brunt Brunt & Hood LLC, Calhoun, for appellant.
    for defendant: Anthony Erwin, Calhoun, for appellee.

    Case Number: A13A0655

    The trial court erred in dismissing a contempt action based on a finding that the underlying action was automatically dismissed by operation of law pursuant to OCGA § 9-2

  • Bates v. State

    Publication Date: 2013-06-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Katherine Mason, Augusta, for appellant.
    for defendant: Fredric Bright, District Attorney, Gray, and Reginald Bellury, Assistant District Attorney, Milledgeville, for appellee.

    Case Number: A13A0395

    Although the detective should not have affirmed to the victim that he picked the correct suspect from a photo array, the trial court did not err in denying the defendant's motion to suppress the pre