• Chestnut v. State

    Publication Date: 2015-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: James McGee McGee McGee, Waycross, for appellant.
    for defendant: George Barnhill, Chief Assistant District Attorney, Bradley Collins District Attorney's Office, Richard Currie, Waycross, and Ian Sansot District Attorney's Office, Douglas, for appellee.

    Case Number: A14A1626

    The State failed to satisfy its burden to prove that the homeless convicted sex offender had a street or route address that he failed to reg

  • Turner v. State

    Publication Date: 2015-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Charles Jones Jones Appellate Law Practice PC, Athens, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Madonna M. Little, Assistant District Attorney, Augusta, for appellee.

    Case Number: A14A1858

    Although the trial court's jury charge on kidnapping was erroneous, the error was not reversible, since, based on the evidence, it was highly probable that the error did not contribute to the jud

  • Barton v. State

    Publication Date: 2015-02-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Paul Barton, proceeded pro se. Leigh E. Patterson, District Attorney, and Harold W. Goldin Jr., Assistant District Attorney, Rome, for appellee.
    for defendant:

    Case Number: A14A2006

    The trial court properly found that it lacked jurisdiction over the defendant's motion to withdraw his guilty plea, since he the motion outside the term of court in which the sentence was

  • Hargis v. State

    Publication Date: 2015-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Nathanael Horsley, Dawsonville, for appellant.
    for defendant: William Langley, District Attorney, and Cathy Cox-Brakefield, Assistant District Attorney, Blairsville, for appellee. Other party representation: Kyle Wallace Alston Bird LLP, Atlanta.

    Case Number: A12A1622

    Asserting a disqualification in a motion for new trial before the same judge who is alleged to be disqualified without also asking the judge to recuse from hearing the motion for new trial, as was d

  • S-D RIRA LLC v. The Outback Prop. Owners' Ass'n Inc.

    Publication Date: 2015-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: John T. Longino, Canton, for appellant.
    for defendant: John J. Capo, Jasper, for appellee.

    Case Number: A14A1307

    The trial court erred in dismissing the plaintiff's statutory claim for an easement, as the allegations in the complaint were sufficient to state a claim for r

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  • Smith v. Wal-Mart Stores E. LP

    Publication Date: 2015-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Brenda Youmas and Lonzy Edwards Edwards Youmas LLC, Macon, for appellant.
    for defendant: Ashley Bagiatis, Nicholas Deeb, and Albert Decusati McLain Merritt PC, Atlanta, for appellee.

    Case Number: A14A1373

    The trial court erred in granting summary judgment to the defendant store on its employee's false imprisonment claim based on her warrantless arrest by police for allegedly acting in concert with tw

  • Jaycee Atlanta Dev. LLC v. Providence Bank

    Publication Date: 2015-01-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Stanley Kreimer, Atlanta, for appellant.
    for defendant: James Brissette McGee Oxford, Ann Byrd, and Scott Lange DLA Piper LLP, Atlanta, for appellee.

    Case Number: A14A1469

    The loan agreement, promissory note and guaranties at issue were properly authenticated, as O.C.G.A. § 24-9-902 subsection 9 provides that "commercial paper, signatures thereon, and documents relati

  • Advanced Tech. Servs. Inc. v. KM Docs LLC

    Publication Date: 2015-01-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: William White, Marietta, for appellant.
    for defendant: Ira Rachelson Rachelson White, Atlanta, for appellees.

    Case Number: A14A1424

    The trial court did not err in granting summary judgment to the defendants on the plaintiff's claim that its former employee and lead software developer violated a trade secrets agr , as the ag

  • North Druid Dev. LLC v. Post, Buckley, Schuh Jernigan Inc.

    Publication Date: 2015-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Robert Newcomer R. C. Newcomer Law LLC, Atlanta, for appellant.
    for defendant: . John Hamrick, Leland Kynes, and Keith Wiener Holland Knight LLP, Atlanta, for appellee.

    Case Number: A14A1101

    The trial court abused its discretion in dismissing the plaintiffs' complaint with prejudice without complying with the 2-step process set forth in O.C.G.A. § 9-11-37, i.e., entering an order compel

  • Thomas v. State

    Publication Date: 2015-01-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Kenneth Kondritzer, Atlanta, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Elizabeth A. Baker, Deputy Chief Assistant District Attorney, and Daniel Nagel District Attorney's Office, Jonesboro, for appellee.

    Case Number: A14A1264

    The trial court did not err in admitting the re of the defendant's police-administered polygraph examination, as the defendant stipulated to the admissibility of the polygraph re