• Barrow v. Mikell

    Publication Date: 2016-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Justin W. Chaney, Atlanta, and Sara A. Thompson, Smyrna, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Joseph J. Drolet, Senior Assistant Attorney General, and Amy K. M. Radley, Assistant Attorney General, Atlanta, for appellee.

    Case Number: A14A2312

    The appellant filed a timely petition for judicial review of the denial of his application for a new driver's license after his license was can

  • GAPIII Inc. v. Seal Indus. Inc.

    Publication Date: 2016-09-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Curtis Romig and Aiten McPherson Bryan Cave LLP, Atlanta, for appellant.
    for defendant: James Blitch Blitch Law PC, Atlanta, and Turner Smith Curtis, Mallet-Prevost, Colt Mosle LLP, New York, NY, for appellee.

    Case Number: A16A0659

    The trial court erred in granting the defendant's motion for summary judgment in the plaintiff's action seeking declaratory and injunctive relief as to its rights under a manag services agre

  • Haygood v. State

    Publication Date: 2016-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Daniel Petrey, Public Defender, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Gerald Mason District Attorney's Office, Decatur, for appellee.

    Case Number: A16A0075

    The evidence did not authorize the defendant's requested jury charge on the right to use proportionate force in resisting an arresting officer's use of excessive force, because the defendant did no

  • McLaughlin v. State

    Publication Date: 2016-08-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Mitchell Durham, Marietta, for appellant.
    for defendant: D. Victor Reynolds, District Attorney, and Amelia G. Pray, Assistant District Attorney, Marietta, for appellee.

    Case Number: A16A0385

    The defendant was entitled to a new trial because she received ineffective assistance of counsel when her attorney failed to seek a continuance to obtain evidence of battered person syndrome to use

  • Tetra Tech Tesoro Inc. v. JAAAT Tech. Servs. LLC

    Publication Date: 2016-08-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Michael King, Ernest Greer in Case No. A16A0609 only, Richard Valladares in Case No. A16A0609 only Greenberg Traurig LLP, Atlanta, David Hudson Hull Barrett PC, Augusta, and Thomas Gristina in Case No. A16A0609 only Page, Scrantom, Sprouse, Tucker Ford PC, Columbus, for appellant.
    for defendant: Amer Ahmad Swift, Currie, McGhee Hiers LLP, Atlanta, Wyatt Durrette, and J. Buckley Warden DurretteCrump PLC, Richmond, VA, for appellees.

    Case Number: A16A0567; A16A0609

    Two trial courts properly granted the defendant's motion to dismiss the plaintiff's breach of contract suits for lack of venue based on Virginia choice-of-forum clauses in the cont

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  • State v. Rucker

    Publication Date: 2016-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: James Smith, District Attorney, and Michael DeTardo District Attorney's Office, Jefferson, for appellant.
    for defendant: Barry King, Assistant Public Defender, Jefferson, for appellee.

    Case Number: A16A0047

    The officers had reasonable good-faith suspicion to conduct a warrantless search of the defendant's residence after receiving an anonymous tip that the defendant was involved in the sale of illegal

  • Parfenuk v. State

    Publication Date: 2016-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Robert Persse Public Defender's Office, Savannah, for appellant.
    for defendant: Richard Mallard, District Attorney, Keith McIntyre, Chief Assistant District Attorney, and Benjamin Edwards District Attorney's Office, Statesboro, for appellee.

    Case Number: A16A0636

    The defendant was entitled to a new trial following his convictions for child molestation, because the trial court erred in allowing the State to admit testimony regarding the results of a lie detec

  • Wyatt v. Hizer

    Publication Date: 2016-08-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Melissa Hise and Albert Palmour Palmour Law Firm, Summerville, for appellant.
    for defendant: . Bobby Cook Cook Connelly, and Edward Hurley, Summerville, for appellee.

    Case Number: A15A1706

    The trial court clearly erred in finding as a matter of fact that the defendants did not file their demand for a trial by jury before the commencement of the special master's hearing in an action t

  • Morales v. State

    Publication Date: 2016-08-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: C. Christopher Flinn, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.

    Case Number: A15A2386

    The defendant knowingly and intelligently waived his Miranda rights and freely and voluntarily gave his statement to police admitting his involvement in the kidnapping and rape of the v

  • Jones v. State

    Publication Date: 2016-08-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Bentley Adams Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Rosemary Greene, District Attorney, and Sharon Fox District Attorney's Office, Calhoun, for appellee.

    Case Number: A16A0523

    The verdict finding the defendant guilty of theft by conversion and by bringing stolen property into the state after he failed to return a car he had rented in Tennessee and drove through Georgia wa