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Publication Date: 2014-03-31
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: Everett Hixson Duncan Hatcher Hixson & Fleenor PC, Chattanooga, Tenn., for appellant.
for defendant: Robert Stultz, Ft. Oglethorpe, for appellee.
Case Number: A13A1679
The trial court erred in finding that the defendant was entitled to rescind the parties' contract, as she failed to establish that the plaintiff made any deliberate and knowing misrepresentation to
Publication Date: 2014-03-26
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: M. Paul Reynolds Houck & Regas LLC, Atlanta, for appellant.
for defendant: James McDade, District Attorney, James Dooley, and Thomas Kegley, Assistant District Attorneys, Douglasville, for appellee.
Case Number: A13A2395
The evidence supported the defendant's conviction for riot in a penal institution, since the record showed that the defendant committed several violent acts while he was legally confined in the jail
Publication Date: 2014-03-25
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: Matthew Karzen, Athens, for appellant.
for defendant: Layla Zon, District Attorney, Covington, and Ronald McNease, Monroe, for appellee.
Case Number: A13A2246
The trial court properly denied the defendant's plea in bar on double jeopardy grounds, since there was no evidence that the prosecutor engaged in any misconduct with the intent to provoke a mistria
Publication Date: 2014-03-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: Margaret Heap, District Attorney, and Michael Dennard, Assistant District Attorney, Savannah, for appellant.
for defendant: Amy Ihrig Public Defender's Office, and Falen Cox Georgia Public Defender Standards Council, Savannah, for appellee.
Case Number: A13A2487
The interviewing officer induced a portion of the defendant's custodial statement by hope of benefit when he implied that the defendant would receive a lighter sentence if he cooperated with p
Publication Date: 2014-03-18
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Dennis Dunn, Deputy Attorney General, Shalen Nelson, Senior Assistant Attorney General, Penny Hannah, Assistant Attorney General, Atlanta, and Nadine Bailey, Athens, for appellant.
for defendant: Kimberly Higginbotham The Gordon Law Firm, Hartwell, for appellee. Other party representation: James Smith, Athens.
Case Number: A13A2098
The juvenile court lacked the authority to order the Georgia Department of Human Services to continue to make random checks of a child at the home of the new custodian after it removed the child fro
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Publication Date: 2014-03-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: Teresa Smith Public Defender's Office, Covington, for appellant.
for defendant: Fredric Bright, District Attorney, Gray, and Alison Burleson, Assistant District Attorney, Madison, for appellee.
Case Number: A13A1983
Trial counsel's decision not to introduce evidence regarding the controlled drug buy at the defendant's house constituted reasonable trial strategy, since trial counsel was concerned that such evide
Publication Date: 2014-03-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: Robert Bearden, Macon, for appellant.
for defendant: Karl Cooke, District Attorney, and Jason Wilbanks District Attorney's Office, Macon, for appellee.
Case Number: A13A2022
The sentence of four years in custody following the defendant's adjudication of delinquency was proper, since he was not subject to severe punishment, and he was tried and sentenced as a child in th
Publication Date: 2014-02-13
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: Sharon Hopkins, Duluth, for appellant.
for defendant: Shannon Wallace, District Attorney, Cliff Head, and Patricia Hull, Assistant District Attorneys, Canton, for appellee.
Case Number: A13A2292
Separate evidence supported the defendant's convic for aggravated assault and aggravated battery, thus the trial court properly declined to merge the convic
Publication Date: 2013-12-19
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: William Flatt Hendrick, Phillips, Salzman & Flatt, and Robert White Casey Gilson PC, Atlanta, for appellant.
for defendant: . Walter Bush, Christopher Freeman Carlton Fields PA, Atlanta, William Wright, and E. Kelly Bittick Jr. Carlton Fields PA, Tampa, Fla., for appellees.
Case Number: A13A1331
A subcontract's provision placing venue and jurisdiction of any legal action arising from the subject matter of the subcontract exclusively in specific Georgia courts did not supplant the subcontrac
Publication Date: 2013-12-17
Practice Area:
Industry:
Court: Court of Appeals
Judge: Branch, Elizabeth
Attorneys: For plaintiff: Sammie Mitchell McKee & Mitchell LLC, Newnan, for appellant.
for defendant: James Clifton The Clifton Law Firm LLC, Newnan, and Jason Smith, Orlando, Fla., for appellee.
Case Number: A13A0982
Evidence that the defendant was carrying on a relationship with another woman both before and after he proposed to the plaintiff supported the trial judge's ruling that the defendant did not have th
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