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  • Wesby v. State

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Joshua B. Smith Public Defender's Office, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A11A0276

    Evidence of the defendant's presence near the scene of the crime in possession of an item stolen during the crime and defendant's non-truthful statements to the police supported his convic

  • Jones, Martin, Parris & Tessener Law Offices PLLC v. Westrex Corp.

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Adam S. Katz, Jennifer S. Collins and George W. Long III Womble, Carlyle, Sandridge & Rice, Atlanta, for appellant.
    for defendant: L. Matt Wilson The Wilson Law Firm PC, Clinton W. Sitton and Richard Kopelman, Atlanta, for appellee. Other party representation: Jerry L. DeLoach, Deputy City Attorney, Eric A. Richardson, Torrey D. Smith City of Atlanta Law Dep't, and David N. Lefkowitz, Atlanta.
    Case Number: A11A0321

    The trial court did not abuse its discretion in declining to charge the jury on quantum meruit because the given charge was adjusted to the evidence as the law firm's right to receive compensation c

  • Reynolds v. State

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Jeffrey L. Grube, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, T. Rabb Wilkerson III, District Attorneys, Katherine K. Lumsden and Venita S. McCoy, Assistant District Attorneys, Perry, for appellee.
    Case Number: A11A0397

    Separate proof supported the defendant's convictions for aggravated assault, aggravated battery and kidnapping with bodily i

  • Sturgent v. State

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, and James A. Dooley, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A11A0429

    Both co-defendants testified that the defendant was the third suspect in a robbery of a fast food restaurant at gunpoint and other evidence corroborated the accomplice test

  • Morris v. State

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: R. Javoyne Hicks, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A11A0315

    The indictment was not void based on absence of specific reference to the defendant's intent because the indictment language necessarily raised the inference that the defendant intended to cause

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  • Ga. Neurology & Rehabilitation PC v. Hiller

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Millard Farmer, Atlanta, for appellant.
    for defendant: . Adam M. Gleklen, Lindsay B. Dodson and Jami M. Kohn Weinstock & Scavo PC, Atlanta, for appellee.
    Case Number: A11A0386

    The trial court erred in applying collateral estoppel to grant summary judgment on claims related to defendant's conduct because that conduct was not actually litigated during prior post-divorce lit

  • Gill Plumbing Co. v. Jimenez

    Publication Date: 2011-07-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Stevan A. Miller and Lisa R. Richardson Drew, Eckl & Farnham LLP, Atlanta, for Gill Plumbing Co. Wayne D. McGrew III, Tonya F. Stokes Carlock, Copeland & Stair LLP, Keith L. Richardson Kilpatrick Stockton LLP, Martin P. Pastel II and Michael S. Love Weinstock & Scavo PC, Atlanta, for Jimenez.
    for defendant:
    Case Number: A11A0607; A11A0608

    Trial courts may only amend a verdict in mere matter of after the jury has dispersed, and an increase in the damage award was a matter of substance, not mere

  • Spencer v. State

    Publication Date: 2011-06-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Anthony B. Spencer, Alamo, proceeded pro se. Tracy G. Lawson, District Attorney, Anece Baxter and Billy J. Dixon, Assistant District Attorneys, Jonesboro, for appellee.
    for defendant:
    Case Number: A11A0003

    The trial court lacked jurisdiction to consider the d nt's motion to withdraw his plea because the d nt did not file it during the term of court in which the judgment was entered, and the

  • Hight v. State

    Publication Date: 2011-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Alfred J. Hight, Morgan, proceeded pro se. Gwendolyn K. Fleming, District Attorney, Leonora Grant, Deputy Chief Assistant District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    for defendant:
    Case Number: A10A1782

    Trial court did not err in denying defendant's extraordinary motion for a new trial because defendant's failure to file a timely motion for a new trial was a circumstance created entirely by his ref

  • In the Interest of J.G.

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Richard C. Metz, Savannah, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Atlanta, Leo G. Beckmann Jr., and Carrie M. Nellis, Savannah, for appellee. Other party representation: Giliel A. Nellis and Janice Powell, Savannah.
    Case Number: A10A2060

    The mother's mental illness prevented her from adequately caring for