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  • Hernandez-Garcia v. State

    Publication Date: 2013-07-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Frances Kuo District Attorney's Office, Jonesboro, and Charles Efstration The Efstration Law Firm PC, Dacula, for appellant.
    for defendant: Daniel Porter, District Attorney, and Michael Morrison, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A13A0194

    The trial court properly allowed into evidence transcripts of certain phone calls under the conspiracy exception to the hearsay rule, as the State proved that there was a conspiracy and the statemen

  • Frasard v. State

    Publication Date: 2013-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Michael Frasard, Atlanta, proceeded pro se. Sherry Boston, Solicitor General, and Wystan Getz Solicitor General's Office, Decatur, for appellant.
    for defendant:
    Case Number: A13A0629

    The arresting officer's testimony as to his initial obser of the defendant's excessive speed and the results of the laser detection device the officer used immediately after that initial obse

  • Pressley v. State

    Publication Date: 2013-06-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Terry Taylor, Evans, for appellant.
    for defendant: Rebecca Wright, District Attorney, and Madonna Little, Assistant District Attorney, Augusta, for appellee.
    Case Number: A13A0450

    The trial court properly admitted a ph ph into evidence showing the infant child's current medical condition, specifically, that she must be strapped into a chair to remain upright, since the p

  • Walker v. State

    Publication Date: 2013-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: James Crowe, Athens, for appellant.
    for defendant: Kenneth Mauldin, District Attorney, Kristopher Bolden, and James Chafin, Assistant District Attorneys, Athens, for appellee.
    Case Number: A13A0387

    The officer had a valid basis for stopping the defendant's car, as he believed that the window tint on the vehicle violated Georgia law based on his exper

  • State v. Carr

    Publication Date: 2013-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Paul Howard, District Attorney, and Marc Mallon, Senior Assistant District Attorney, Atlanta, for appellant.
    for defendant: Melissa Michel Public Defender's Office, Atlanta, for appellee.
    Case Number: A13A0651

    The officer's decision to remove the defendant from the vehicle forcibly, handcuff him and place him in the patrol car impermissibly escalated the investigatory stop into a custodial arrest and the

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  • Harris v. State

    Publication Date: 2013-06-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Edgar Callaway, Conyers, for appellant.
    for defendant: Rebecca Wright, District Attorney, and Madonna Little, Assistant District Attorney, Augusta, for appellee.
    Case Number: A13A0340

    The State presented sufficient circumstantial evidence to show that the defendant entered a school's gymnasium without authority and with the intent to commit bur

  • Benjamin v. State

    Publication Date: 2013-05-30
    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 Wright, District Attorney, and Madonna Little, Assistant District Attorney, Augusta, for appellee.
    Case Number: A13A0770

    The defendant did not show that his counsel was deficient in failing to call the defendant's mother as an alibi wi

  • Murtagh v. Emory Univ.

    Publication Date: 2013-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Lauren Goodhart Goodhart Law Firm, Jami Kohn Weinstock & Scavo PC, and Mark Spix, Atlanta, for appellant.
    for defendant: Todd Wozniak, Lindsey Edelmann Greenberg Traurig LLP, and Theodore Eichelberger Alston & Bird LLP, Atlanta, for appellees.
    Case Number: A12A2127

    The trial court erred in its imposition of a $15K fine, since it constituted an adjudication of criminal contempt in excess of $500 per act authorized under O.C.G.A. § 15-6-8 subsect

  • Davista Holdings LLC v. Capital Plaza Inc.

    Publication Date: 2013-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: William McCalley, Moultrie, for appellant.
    for defendant: John Holt Alexander & Vann, Thomasville, for appellee.
    Case Number: A12A2507

    The trial court erred in failing to conclude that certain provisions of the easement agreement between the parties constituted restrictive covenants which expired 20 years after their creation by op

  • Warner v. Hobby Lobby Stores Inc.

    Publication Date: 2013-04-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Davis Loftin Mykkeltvedt & Loftin LLC, Atlanta, for appellant.
    for defendant: James Scarbrough Mabry & McClelland LLP and Sheryl Burke, Atlanta, for appellee.
    Case Number: A12A2453

    The personal injury plaintiff failed to demonstrate that the misaligned brackets holding the white boards she lifted for purchase at the defendant store constituted a dangerous condition that caused