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  • Ivery v. Brown

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Gregory D. Golden Law Offices of Lawrence D. Kupferman, Atlanta, for appellant.
    for defendant: Clarence V. Long, Atlanta, for appellee.
    Case Number: A10A2298

    Changing an order in a subsequent term of court from dismissal with prejudice to dismissal without prejudice was not a clerical error but a substantive change not authorized under Georg

  • In the Interest of J. C.

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Randee J. Waldman and Stephen M. Reba Emory University School of Law Barton Juvenile Defender Clinic, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Robert H. Wilson, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A2124

    A security guard's testimony about his observations of juvenile through a closed-circuit television did not amount to inadmissible hearsay because the testimony was not based on the security guard's

  • Jones v. State

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: D'Morrio Jones, Glennville, proceeded pro se. Peter J. Skandalakis, District Attorney, and William D. Hocutt District Attorney's Office, LaGrange, for appellee.
    for defendant:
    Case Number: A10A1800

    Because the defendant pled guilty to both voluntary manslaughter and possession of a firearm during the commission of a crime, he was fully apprised that the voluntary manslaughter charge was the fe

  • Miller v. State

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: James K. Luttrell, Canton, for appellant. David L. Cannon Jr., Solicitor General, and Carrie A. McCurdy Solicitor General's Office, Canton, for appellee.
    for defendant:
    Case Number: A10A2269

    The trial court did not err in refusing to give the defendant's req jury charge on opinion evidence because the given charge as a whole substantially covered the principles contained in the re

  • Douglas v. State

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Penny A. Penn, District Attorney, Cumming, for appellee.
    Case Number: A10A2355

    The evidence supported the defendant's conviction for aggravated as

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to the Fair Labor Standards Act 2014

    Authors: Michael D. Malfitano

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  • Muckle v. State

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A10A2292

    The defendant's aggravated assault conviction merged into her voluntary manslaughter conviction as a matter of fact, since both charges were based on her act of stabbing the victim once in the

  • Jimmy Britt Builders Inc. v. Suntrust Bank

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Benjamin A. Joffee Webb, Tanner, Powell, Mertz & Wilson LLP, Lawrenceville, for appellant.
    for defendant: . Mathew A. Schuh and Michael P. Bain Busch, Slipakoff & Schuh LLP, Atlanta, for appellee.
    Case Number: A10A2352

    An expert witness is not required to explain the basis of his opinion or the methodology utilized to reach the opinion unless based on sheer specul

  • Lewis v. State

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Stephen R. Scarborough, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Albert T. Reeves Jr., Assistant District Attorney, and John R. Edwards District Attorney's Office, Marietta, for appellee.
    Case Number: A10A1669

    Police officers were authorized to assume that the defendant posed a danger to their safety, and thus, the pat-down search for a weapon was constitutionally permis

  • Whitley v. State

    Publication Date: 2011-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Herman M. Kilgore, Marietta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and J. Clifford Head, Assistant District Attorney, Canton, for appellee.
    Case Number: A10A1912

    The defendant's acts of grabbing the victim by her hair, throwing her to the ground and choking her to the point of unconsciousness were not justified and constituted excessive

  • Atlantic Station LLC v. Vratsinas Constr. Co.

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Michael H. Shanlever and John I. Spangler III Alston & Bird LLP, Atlanta, for appellant.
    for defendant: Kent P. Smith and Stephen G. Joy Smith, Currie & Hancock LLP, Atlanta, for appellee.
    Case Number: A10A1134

    The appellant waived its right to stay arbitration in a dispute over $4.5M in invoices rendered from 1999-2004 in connection with development consulting services provided in connection with the cons