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  • McRae v. Arby's Rest. Grp. Inc.

    Publication Date: 2013-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Lawrence Clements and Bruce Johnson Clements & Sweet LLP, Atlanta, for appellant.
    for defendant: James Chandler, Andrew Hamilton Hamilton, Westby, Antonowich & Anderson, Atlanta, and Thomas Eaton, Athens, for appellees. Other party representation: Delece Brooks State Bd. of Workers' Compensation, and Todd Maziar, Atlanta.
    Case Number: A11A1021

    The Workers' Compensation Board acted within its discretion in ordering the employee to sign a limited medical release authorizi treating physician to speak with her employer's counsel regard

  • Iglesia del Dios Vivo Columna y Apoyo de la Verdad la Luz del Mundo Inc. v. Downing

    Publication Date: 2013-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John Ayoub and Carolina Bryant Ayoub & Mansour LLC, Atlanta, for appellant.
    for defendant: Robert Beard and Fred Bentley, Marietta, for appellee.
    Case Number: A13A0093

    The tax commissioner was not authorized to use excess funds generated from a tax sale of property in 2007 to satisfy delinquent taxes owed on the property for tax years 2008

  • Rolland v. State

    Publication Date: 2013-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jo Nesset-Sale, Athens, for appellant.
    for defendant: Carroll Chisholm, Solicitor General, and Barbara Quilliams, Assistant Solicitor General, Athens, for appellee.
    Case Number: A13A0081

    The trial court did not violate O.C.G.A. § 17-8-57 in commenting on the history of the Intoxilyzer in the defendant's DUI trial, since the trial court's comments were clearly intended to explain its

  • Foster v. State

    Publication Date: 2013-04-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Sonya Chachere-Compton, Douglasville, for appellant.
    for defendant: James McDade, District Attorney, and James Dooley, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A12A2401

    The arresting officer had probable cause to search the defendant's car when he smelled marijuana in the car during a routine traffic

  • Wise v. State

    Publication Date: 2013-04-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Ashleigh Merchant The Merchant Law Firm PC, Marietta, for appellant.
    for defendant: Paul Howard, District Attorney, and Sheila Gallow District Attorney's Office, Atlanta, for appellee.
    Case Number: A12A2509

    Since the State is entitled to offer evidence of flight while a defendant is awaiting trial and to argue that it demonstrates consciousness of guilt, there was no plausible reason why the same evide

  • Law Journal Press | Digital Book

    California Premises Liability Law

    Authors: Jayme C. Long

    View this Book

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  • Williamson v. State

    Publication Date: 2013-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Robert Chestney The Chestney Law Firm, Atlanta, for appellant.
    for defendant: Carmen Smith, Solicitor General, and R. Leon Benham, Assistant Solicitor General, Atlanta, for appellee.
    Case Number: A12A2446

    Although the defendant's demand for a speedy trial was timely, there was no clear and convincing evidence that the trial court erred in concluding that there was no qualified jury impaneled during t

  • Simon v. State

    Publication Date: 2013-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Herman Kilgore, Marietta, for appellant.
    for defendant: Patrick Head, D. Victor Reynolds, District Attorneys, Marietta, and Anna Cross District Attorney's Office, Decatur, for appellee.
    Case Number: A12A2041

    The defendant's mental illness was not sufficient to establish legal ins

  • Drawdy CPA Servs. PC v. North Ga. CPA Servs. PC

    Publication Date: 2013-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Rebecca McLaws, Marietta, for appellant.
    for defendant: Michael Kramer, Marietta, for appellees.
    Case Number: A12A2407

    The evidence did not support the plaintiff's allegation that the defendant ly solicited clients in violation of her employment agreement, since testimony at trial revealed that the defendant's

  • State v. Andrews

    Publication Date: 2013-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Timothy Vaughn, District Attorney, and Joshua Powell District Attorney's Office, Eastman, for appellant.
    for defendant: Steven Harrison Public Defender's Office, Eastman, for appellee.
    Case Number: A12A2107

    When a defendant consents to a pat-down search, such consent extends to that authorized by the parameters of a Terry search, which includes authorizing the removal of the contents of the defendant's

  • Falay v. State

    Publication Date: 2013-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Scott Drake, Lawrenceville, for appellant.
    for defendant: Daniel Porter, District Attorney, and Teresa Klein District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A12A1921

    The trial court properly denied the defendant's motion to exclude the surviving aggravated assault victim's testimony, since he did not show prejudice and bad faith based on an alleged discovery vi