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  • Tanksley v. State

    Publication Date: 2013-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Rodney Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Rebecca Wright, District Attorney, and Charles Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A13A0036

    The State failed to carry its burden of proving that the defendant was convicted of three prior felonies, which required the trial court to sentence him as a recid

  • McClary v. State

    Publication Date: 2013-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Wade Krueger Public Defender's Office, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Jessica Clark, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A13A0243

    Testimony from the officer who chased and struggled with the def , the video recording from the camera inside the officer's patrol car, and the testimony of the back-up officer supported the de

  • Galimore v. State

    Publication Date: 2013-05-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Earle Duncan, Darien, for appellant.
    for defendant: John Durden, District Attorney, and Sandra Dutton, Assistant District Attorney, Hinesville, for appellee.
    Case Number: A13A0791

    The burglary v s testimony supported the amount of restitution the defendant was ordered to pay the v

  • Bobick v. Community & S. Bank

    Publication Date: 2013-05-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Charles Conerly and Randall Parian Smith Conerly LLP, Carrollton, for appellant.
    for defendant: Bryan Busch, Shane Stogner, and Tawana Johnson Busch, Slipakoff & Schuh LLP, Atlanta, for appellee.
    Case Number: A13A0175

    The appellee bank was properly substituted as the plaintiff in the breach of promissory note action and the evidence was sufficient to establish a valid assignment of the appellant's promissory note

  • Wickerson v. State

    Publication Date: 2013-05-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jonathan Melnick, Atlanta, for appellant.
    for defendant: Robert James, District Attorney, Decatur, and Daniel Quinn, Assistant District Attorney, Marietta, for appellee.
    Case Number: A13A0145

    The trial court erred in failing to merge one of the defendant's aggravated assault convictions into one of his armed robbery convictions for sentencing pur

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Tipton v. State of Ga.

    Publication Date: 2013-05-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John Morrison, Soperton, for appellant.
    for defendant: Samuel Altman, District Attorney, and Tony May, Assistant District Attorney, Swainsboro, for appellee.
    Case Number: A13A0198

    The record did not show wheth trial court performed the required detailed analysis to determine wheth forfeiture of the defendant's vehicle to the State constituted an excessive fine af

  • Pelham v. Board of Regents of the Univ. Sys. of Ga.

    Publication Date: 2013-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Charles Hoffecker Ney Hoffecker & Erck, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, G. Michael Banick, Assistant Attorney General, and Sharon Horne Attorney General's Office, Atlanta, for appellee.
    Case Number: A13A0027

    Sovereign immunity barred the plaintiff's claims against the Board of Regents of the University System of Georgia for personal injuries he suffered during football practice at a state university whe

  • Malone v. State

    Publication Date: 2013-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
    for defendant: Robert James, District Attorney, and Deborah Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A13A0471

    The defendant's motion to withdraw his guilty plea was properly denied, since the State met its burden of proving that the defendant offered his plea knowingly, intelligently and volunt

  • Thompson v. State

    Publication Date: 2013-05-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thomas Robinson Robinson & Associates, Snellville, for appellant.
    for defendant: Robert James, District Attorney, and Leonora Grant, Deputy Chief Assistant District Attorney, Decatur, for appellee.
    Case Number: A13A0756

    The trial court properly overruled the defendant's objection to the State's improper bolstering during closing argument, since the State's comments did not constitute improper bolstering, but were m

  • Dubarton Enters. LLC v. Appalachian Cmty. Bank

    Publication Date: 2013-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Robert Kaufman Kaufman Miller & Forman PC, Atlanta, for appellant.
    for defendant: . Bret Thrasher and Jeremy Ross Thompson, O'Brien, Kemp & Nasuti PC, Norcross, for appellee.
    Case Number: A13A0485

    The appellants' appeal from the trial court's order denying their motion for modification of the supersedeas bond the trial court had entered after granting the appellee's motion for summary judgmen