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  • Reed v. State

    Publication Date: 2012-11-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John Mobley, Tifton, for appellant.
    for defendant: Clifford Bowden, District Attorney, and Erika Johnson, Assistant District Attorney, Tifton, for appellee.
    Case Number: A12A1647

    When conv s for aggravated assault and attempted armed robbery merge as a matter of fact, the aggravated assault conv is the lesser offense and merges into the attempted armed robbery con

  • Rollins v. State

    Publication Date: 2012-11-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Sara Meyers Public Defender's Office, Thomson, for appellant.
    for defendant: Rebecca Wright, District Attorney, and Charles Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A12A1980

    The 10-year-old victim's testimony was sufficient to authorize the jury to find the essential elements of the charged offenses beyond a reasonable doubt, includ e element of asportation, suppor

  • Gaulden v. Green

    Publication Date: 2012-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: H. Craig Stafford and Tyler L. Randolph, Hinesville, for appellant.
    for defendant: Theodore E. G. Pound Commander Pound LLP, Paul E. Weathington The Weathington Firm PC, Kathleen W. Simcoe, Atlanta, Matthew S. Coles Coles Barton LLP, Lawrenceville, Wiley A. Wasden III, and B. Nicole Smith Brennan & Wasden LLP, Savannah, for appellee.
    Case Number: A12A1872

    Because the defendant doctor assumed an obligation to supervise and monitor the training of emergency room physicians and nursing staff on hospital policies and procedures, he owed a legal duty to t

  • Richardson v. Gilbert

    Publication Date: 2012-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jason King Hall, Booth, Smith & Slover PC, Atlanta, for appellant.
    for defendant: Joseph King, Atlanta, for appellants.
    Case Number: A12A0816

    A plaintiff lacks standing to object to jurisdiction or venue over a nonresident defendant who waived her venue def

  • Longe v. Fleming

    Publication Date: 2012-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Maureen M. McLeod, Atlanta, for appellant.
    for defendant: Linda N. Fleming, Hampton, proceeded pro se.
    Case Number: A12A1262

    The Court vacated the attorneys' fees award and remanded the issue for an explanation of the trial court's statutory basis for the award and any findings necessary to suppo

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  • Bailey v. State

    Publication Date: 2012-11-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Teresa Smith Public Defender's Office, Covington, for appellant.
    for defendant: Lee Darragh, District Attorney, and Alison Toller, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A12A1458

    Circumstantial evidence supported the defendant's convictions arising from a burglary and a string of automobile break-ins and t

  • Lord v. Lowe

    Publication Date: 2012-11-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James W. Smith, Athens, for appellant.
    for defendant: Michael C. Pruett Hall Booth Smith & Slover, Athens, for appellees.
    Case Number: A12A1652

    The condition in a surety bond that the sheriff faithfully perform the duties of his office exceeded the requirement under OCGA § 15-16-5 and was thus invalid and unenforceable under the read in/rea

  • Racette v. Bank of Am. N. A.

    Publication Date: 2012-10-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James Blum Beloin & Associates LLC, Atlanta, and Schuyler Elliott, Norcross, for appellant.
    for defendant: . Andrew Phillips, Robert Waddell McGuire Woods LLP, Lawrence Kelly, Austin James Johnson & Freedman LLC, Atlanta, Adam Altman McGuire Woods LLP, Charlotte, N.C., and John Anderson McGuire Woods LLP, Wilmington, N.C., for appellees.
    Case Number: A12A1499

    The trial court erred in dismissing the plaintiffs' wrongful foreclosure claim, as they may be able to introduce evidence supporting a conclusion that inaccurate statements in the public foreclosure

  • Sloan v. State

    Publication Date: 2012-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Rodney Quesenberry Harrison, Medlin & Quesenberry PC, Evans, and Barbara Claridge, Augusta, for appellant.
    for defendant: Rebecca Wright, District Attorney, and Charles Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A12A1537

    The trial court did not abuse its discretion in denying the defendant's mistrial motion after one of the victim's children stated on re-direct that the prosecutor told her to never talk about defen

  • Kesler v. State

    Publication Date: 2012-10-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Harvey Wasserman, Carnesville, for appellant.
    for defendant: Robert Lavender, District Attorney, Elberton, and Adam Shroeder, Assistant District Attorney, Carnesville, for appellee.
    Case Number: A12A1097

    The court properly denied the defendant's plea in bar, as the evidence supported its finding that the state did not intend to goad the defendant into moving for a mis