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  • Gray v. State

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Robert Kenner Jr., Stone Mountain, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Niria D. Baggett, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A08A1604

    The circumstances of the case were sufficiently dangerous to justify the officers in handcuffing the defendant as part of his investigatory detention, since fresh footprints led from the burglary an

  • Northeast Ga. Cancer Care LLC v. Blue Cross & Blue Shield of Ga. Inc.

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: E. Davison Burch, Athens, and James W. Boswell III King & Spalding, Atlanta, for appellant.
    for defendant: Bruce P. Brown, James A. Washburn, Jeffrey R. Baxter McKenna, Long & Aldridge LLP, Atlanta, and J. Vincent Cook Cook, Noell, Tolley, Bates & Michael, Athens, for appellees.
    Case Number: A08A1789

    The plaintiff failed to submit its dispute regarding the defendants' refusal to allow the plaintiff and its medical oncologists to participate as approved health care providers for the defendants' H

  • Williams v. State

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Fred A. Lane Jr., District Attorney, and Deborah Venuto District Attorney's Office, Dallas, for appellee.
    Case Number: A08A2437

    No speedy trial demand remained in effect at the conclusion of the defendant's original trial for aggravated sodomy, aggravated child molest and child molest

  • Daniels v. State

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Randall K. Strozier III, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A08A2091

    The Court of Appeals affirmed the defendant's convictions for aggravated assault, false imprisonment and firearms off

  • Mosley v. State

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: G. Richard Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Jeanette J. Fitzpatrick, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A08A2403

    The trial court did not err in instructing the jury on conspiracy, since the evidence supported at least an inference that the defendant acted in concert with others to possess, transport and arrang

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    Texas Legal Malpractice & Lawyer Discipline 2024

    Authors: Charles F. Herring, JR, Jason M. Panzer, Leah Turner

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  • Basil Trail v. Saunders

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Ben B. Mills Jr. Mills & Chasteen PC, Fitzgerald, for appellant.
    for defendant: William L. Preston, Douglas, for appellee.
    Case Number: A08A2208

    The appellee's payment of the debt underlying a security deed automatically extinguish

  • Taylor v. State

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Thomas J. Killeen Public Defender's Office, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Kristopher M. Bolden District Attorney's Office, Athens, for appellee.
    Case Number: A08A2422

    The officer investigating a burglary in the area had probable cause to stop the vehicle in which the defendant was r

  • Rutland v. State

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Brandon A. Bullard Public Defender's Office, Dallas, and Richard A. Waller Jr. Public Defender's Office, Macon, for appellant.
    for defendant: Howard z. Simms, District Attorney, and Dorothy V. Hull, Assistant District Attorney, Macon, for appellee. Other party representation: Thurbert E. Baker, Attorney General, Atlanta.
    Case Number: A08A2372

    O.C.G.A. § 5-5-21 specifically empowers courts with the authority to weigh the evidence in evaluating a defendant's motion for a new

  • State v. Stulb

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Rebecca A. Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Augusta, and George H. Law III Whitmer & Law, Gainesville, for appellant.
    for defendant: Richard E. Allen, Augusta, for appellee.
    Case Number: A08A2284

    The plain terms of O.C.G.A. § 42-8-60 a provide that a trial court is only authorized to grant first offender treatment before a defendant has been adjudicated guilty and sent

  • Bryan v. State

    Publication Date: 2009-03-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jennifer E. Hildebrand, LaFayette, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, and Michael J. Moeller, Assistant District Attorney, Summerville, for appellee.
    Case Number: A08A1686

    The defendant voluntarily, knowingly, and intelligently waived his appeal rights pursuant to his negotiated guilty