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  • Graham v. State

    Publication Date: 2013-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Angela Dillon Brown & Gill, Norcross, for appellant.
    for defendant: Daniel Porter, District Attorney, and John Warr, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A12A2237

    The State failed to present evidence of provocation to support the defendant's voluntary manslaughter charge following the death of her 3-month-old

  • Bryant v. State

    Publication Date: 2013-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Adam Hames The Hames Law Firm, Atlanta, for appellant.
    for defendant: Paul Howard, District Attorney, and Marc Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A12A2394

    The trial court did not abuse its discretion in removing an ill juror during deliberations and replacing her with an alternate juror, since it verified the juror's sudden illness, reported its findi

  • Georgia Farm Bureau Mut. Ins. Co. v. Willoughby

    Publication Date: 2013-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Mark Webb Brinson, Askew, Berry, Seigler, Richardson & Davis LLP, Rome, and Duke Groover James, Bates, Pope & Spivey LLP, Macon, for appellant.
    for defendant: Julius Peek and Jackson Harris McRae, Stegall & Peek LLP, Rome, for appellee.
    Case Number: A12A2099

    Geiger v. Georgia Farm Bureau Mutual I ce Co., 305 Ga. App. 399 2010 decided the issue of whether the jury should consider whether the plaintiff was insured under his daughter and son-in-law's

  • Considine v. Murphy & McInvale PC

    Publication Date: 2013-03-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jeffrey Barnes Barnes Firm LLP, Atlanta, for appellant.
    for defendant: Brian Spitler Carlock, Copeland & Stair LLP, Atlanta, for appellee.
    Case Number: A12A1674

    Although the trial court had the discretion to rule before 30 days after the defendant filed the motion to dismiss, the trial court erred in dismissing the complaint less than 30 days after it was f

  • Durden v. State

    Publication Date: 2013-03-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Rodney Williams, Decatur, for appellant.
    for defendant: Paul Howard, District Attorney, Paige R. Whitaker, Deputy District Attorney, and Joshua Morrison District Attorney's Office, Atlanta, for appellee.
    Case Number: A12A2556

    The unidentified woman who informed the officer of the defendant's illegal drug activity fell into the category of a concerned citizen; therefore, the information she provided was presumed to be re

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  • Goodwin v. State

    Publication Date: 2013-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Walker Chandler Public Defender's Office, Fayetteville, for appellant.
    for defendant: Scott Ballard, District Attorney, and Robert Smith, Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A12A1762

    The child molestation defendant failed to support his claim that certain evidence was admissible under the necessity exception to the hearsay rule based on the inaccessibility of the detective who c

  • Dixon v. State

    Publication Date: 2013-03-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Patrick Longhi, Atlanta, for appellant.
    for defendant: Garry Moss, Shannon Wallace, District Attorneys, Cliff Head, and Patricia Hull, Assistant District Attorneys, Canton, for appellee.
    Case Number: A12A2260

    The trial court properly admitted similar transaction evidence of four robberies of Bartow County convenience stores to show that the defendant was the perpetrator of the convenience store robbery a

  • Cloud v. Norwood

    Publication Date: 2013-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jacquelyn Luther, Atlanta, for appellant.
    for defendant: Eddie Norwood, Stockbridge, proceeded pro se.
    Case Number: A12A1928

    The Court of Appeals lacked jurisdiction in an appeal from a legitimization order, since the underlying subject matter of the appeal required the appellant to bring it under O.C.G.A. § 5-6-3

  • Garrett v. Southern Health Corp. of Ellijay Inc.

    Publication Date: 2013-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John Longino, Canton, for appellant.
    for defendant: . Marcia Ernst and Colin Delaney Smith Gambrell & Russell LLP, Atlanta, for appellee.
    Case Number: A12A2253

    A genuine issue of material fact remained as to whether the sellers' default on an option agre was in bad faith, thus entitling the plaintiff to damages under the terms of the agre

  • Hudson v. Godowns

    Publication Date: 2013-03-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Walter McMillan, Sandersville, and Michael Moses, Louisville, for appellant.
    for defendant: J. Franklin Edenfield Spivey, Carlton & Edenfield PC, Swainsboro, and Dalton Dowdy, Wrens, for appellees.
    Case Number: A12A2363

    The parties did not reach an enforceable agreement in the stipulated order since they had different interpretations of the boundary line location on the plat; therefore, there was no meeting of the