• Earle v. Earle

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Myrlin D. Earle, Atlanta, proceeded pro se. Shiel G. Edlin Stern & Edlin PC, Atlanta, for appellee.
    for defendant:

    Case Number: A11A1450

    The trial court not impermissibly modify the parties' prior divorce decree in holding that the mother can use her custodial time with the parties' children in any way she deems approp

  • Mayberry v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thomas A. Camp, Athens, for appellant. Kenneth W. Mauldin, District Attorney, and Kristopher M. Bolden District Attorney's Office, Athens, for appellee.
    for defendant:

    Case Number: A11A1886

    Undisputed evidence that the defendant veered toward the opposing lane of traffic and failed to maintain her lane, combined with other undisputed evidence that she consumed alcohol, established prob

  • Mussman v. State

    Publication Date: 2011-10-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Douglas N. Peters Peters, Rubin & Sheffield, Decatur, and M. Paul Reynolds The Weathington Firm, Atlanta, for appellant. Daniel J. Porter, District Attorney, and William C. Akins, Assistant District Attorney, Lawrenceville, for appellee. Other party representation: J. Scott Key, McDonough.
    for defendant:

    Case Number: A10A0607

    No evidence showed that the police acted in bad faith when they followed the standard policy of releasing evidence in vehicular homicide cases they considered to be s

  • Goodman v. State

    Publication Date: 2011-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gene N. Goodman, Waycross, proceeded pro se. Joseph R. Johnson Jr., Solicitor General, Waycross, for appellee.
    for defendant:

    Case Number: A11A0836

    The defendant claimed that his arrest warrants were invalid because the affidavits were insufficient, but the sanction for an unconstitutional arrest is the exclusion of the evidence obtained as a r

  • Norwood v. State

    Publication Date: 2011-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: David A. LaMalva, Conyers, for appellant. Layla H. Zon, District Attorney, and Clint C. Malcolm District Attorney's Office, Covington, for appellee.
    for defendant:

    Case Number: A11A0979

    The trial court did not abuse its discretion in denying the defendant's motion to withdraw his negotiated guilty plea, as the defendant failed to establish that his counsel was ineffe

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  • Board of Comm'rs of Glynn County v. Johnson

    Publication Date: 2011-09-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Terry L. Readdick and Garret W. Meader Brown Readdick Bumgartner Carter, Brunswick, for appellant. Edward E. Boshears, Brunswick, for appellees.
    for defendant:

    Case Number: A11A0961

    The county did not waive its sovereign immunity under O.C.G.A. § 33-24-51 by purchasing a liability insurance policy covering a helicopter used to spray for mosquito control because a helicopter is

  • U. S. Lawns Inc. v. Cutting Edge Landscaping LLC

    Publication Date: 2011-09-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Matthew F. Barr and William M. Davis Hawkins Parnell Thackston & Young LLP, Atlanta, for appellant. Kevin A. Wangerin Bullard & Wangerin, Macon, for appellee.
    for defendant:

    Case Number: A11A1238

    Indemnity was not available to aintiff because the settlement it paid in a negligence action involving an injury occurring on a premises maintained pursuant to the parties' contract arose from

  • Dozier v. State

    Publication Date: 2011-09-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Stephen A. Shea Law Offices of Robert Pagniello, Atlanta, for appellant. Robert D. James Jr., District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.
    for defendant:

    Case Number: A11A1085

    The trial court did not abuse its discretion in allowing evidence of the defendant's prior aggravated assault conviction for impeachment purposes pursuant to O.C.G.A. § 24-9-8

  • In the Interest of D. W. and L. W.

    Publication Date: 2011-09-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jana L. Evans, Dallas, for appellants. Diane M. Sternlieb, Carrollton, for appellees. Other party representation: Margaret D. Louttit, Carrollton.
    for defendant:

    Case Number: A11A1463; A11A1464; A11A1465

    The trial court did not err in granting permanent custody of two special needs children who had previously been adjudicated deprived to their maternal grandpa with limited visitation to the pa

  • Wagner v. State

    Publication Date: 2011-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Christopher R. Geel and Lawrence J. Zimmerman, Atlanta, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, and Christopher S. Lanning Solicitor General's Office, Marietta, for appellee.

    Case Number: A11A0895

    The trial court erred in instructing the jury that the defendant's refusal to submit to a state-administered breath test created a rebuttable inference that the test would show the presence of alcoh