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  • Allen v. State

    Publication Date: 2014-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: James Luttrell, Canton, for appellant.
    for defendant: James McDade, District Attorney, James Dooley, and Steven Knittel, Assistant District Attorneys, Douglasville, for appellee.
    Case Number: A13A1969

    The defendant was not entitled to his requested jury instruction on mere presence, since the evidence showed that the defendant was the sole participant in shoplifting several items of clothing from

  • Swanstrom v. Wells Fargo Bank

    Publication Date: 2014-02-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Kristopher Shepherd, Watkinsville, for appellant.
    for defendant: . Craig Lefkoff and Philip Rubin Lefkoff Rubin & Gleason PC, Atlanta, for appellee.
    Case Number: A13A1836

    The illegible copy of the terms and conditions governing a personal guaranty that the plaintiff submitted into the record was not entitled to evidentiary consideration, thus the plaintiff failed to

  • Burke v. Prime Rate Premium Fin. Corp.

    Publication Date: 2014-02-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Michael Wetzel, Bogart, for appellant.
    for defendant: Andrew Hagenbush and Arnaud C. Wilson Simpson Uchitel & Wilson LLP, Atlanta, for appellee.
    Case Number: A13A2301

    No genuine issue of material fact existed regarding the defendant insured's obligation to pay the unpaid balance owed under an insurance premium finance agreement upon cancellation of the p

  • Thomas v. Chance

    Publication Date: 2014-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Daniel Greenfield Jack F. Witcher, Breman, for appellant.
    for defendant: James Hopkins and Robert Harker, Carrollton, for appellee.
    Case Number: A13A2372

    The trial court erred in finding that a lack of interest rate and maturity date was fatal to the plaintiff's claim for repayment of money she loaned to her brother pursuant to a verbal loan agre

  • Doss & Assocs. v. First Am. Title Ins. Co. Inc.

    Publication Date: 2013-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A0988; A13A0989; A13A0990

    The defendant was not entitled to summary judgment on the plaintiff's claim for breach of an alleged oral escrow agreement in connection with the closing of a $4.75M loan, as genuine issues of fact

  • Law Journal Press | Digital Book

    Constangy’s Field Guide to The Americans with Disabilities Act and Its Amendments 2014

    Authors: Michael D. Malfitano

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  • Maldonado v. State

    Publication Date: 2013-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A13A1575; A13A1812

    Defense counsel was not deficient for failing to object to a multiple-county wiretap in violation of hot v. State, 292 Ga. 423 2013, since the defendants were tried and convicted in July 2010,

  • Thomas v. State

    Publication Date: 2013-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Johnny Vines, Lyons, for appellant.
    for defendant: Samuel Altman and Kelly Jenkins, District Attorneys, Swainsboro, for appellee.
    Case Number: A13A1053

    Evidence showed that the State notified the defendant of its continuing intention to use his prior convictions for murder, involuntary manslaughter, armed robbery and burglary in aggravation of pun

  • Long v. State

    Publication Date: 2013-12-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Bruce Harvey, Atlanta, for appellant.
    for defendant: Leigh Patterson, District Attorney, and Kay Wetherington, Assistant District Attorney, Rome, for appellee.
    Case Number: A13A0998

    The defendant's 10-year sentence for terroristic threats exceeded the statutory maximum of five

  • Weaver v. State

    Publication Date: 2013-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: James Bonner and Jimmonique R. S. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Julia Slater, District Attorney, and Michael Craig, Assistant District Attorney, Columbus, for appellee.
    Case Number: A13A1610

    The State's proffer showing that the victim suffered a burning sensation in his eyes and face, was in a great deal of pain and was temporarily blinded after the defendant sprayed him with pepper spr

  • Spragins v. State

    Publication Date: 2013-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: D. Scott Cummins Stemberger, Cummins & Arnall PC, Newnan, for appellant.
    for defendant: Sandra Wisenbaker, Solicitor General, Natalie Ashman, Stephen Tuggle, Assistant Solicitors General, and Kimberly Sewell Solicitor General's Office, Newnan, for appellee.
    Case Number: A13A0941

    While not necessarily a constitutional violation, 2-officer staffing can inhibit the State's ability to show that a DUI checkpoint was implemented and operated law