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  • Loya v. State

    Publication Date: 2013-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Michael McCarthy, Public Defender, and George Sparks, Assistant Public Defender, Dalton, for appellant.
    for defendant: Herbert Poston, District Attorney, and Susan Franklin, Assistant District Attorney, Dalton, for appellee.
    Case Number: A12A2194

    Public drunkenness i a lesser included offense of public indecency, since each requires proof of a fact that the other doe

  • Lee v. State

    Publication Date: 2013-04-02
    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, and James Dooley, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A12A2420

    The trial court properly declined to instruct the jury on the defense of accident, since the evidence showed that as the defendant attempted to elude the police while in the commission of his crimes

  • Ameris Bank v. Alliance Inv. & Mgmt. Co. LLC

    Publication Date: 2013-04-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Jo Meeks James Bates Brannon Groover LLP, Atlanta, and David Wolfson, Valdosta, for appellant.
    for defendant: David Cox, Charles Pekor Pekor & Associates LLC, Atlanta, and Neal Conner Conner & Jackson PC, Waycross, for appellees.
    Case Number: A12A1721

    The defendant companies as borrowers and an individual defendant as a guarantor were estopped by silence from asserting any defense to their obligation on a $5.9M note, since the individual defendan

  • Tudor v. State

    Publication Date: 2013-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Lora Alsher Georgia Public Defender Standards Council and Christopher Paul Public Defender's Office, Cartersville, for appellant.
    for defendant: Herbert Poston, District Attorney, and Susan Franklin, Assistant District Attorney, Dalton, for appellee.
    Case Number: A12A1676

    The evidence showing that the defendant called the victim into the kitchen from the living room for the purpose of molesting her was sufficient to satisfy the asportation element of the enticing a c

  • Corey v. State

    Publication Date: 2013-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Robert Kenner, Stone Mountain, for appellant.
    for defendant: Barry Morgan, Solicitor General, and Jane Manning Solicitor General's Office, Marietta, for appellee.
    Case Number: A12A2365

    T icer's entry into the defendant's garage was unlawful since the information t icer received, that the defendant was driving erratically, did not constitute sufficient probable cause for

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  • Daniels v. State

    Publication Date: 2013-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Steven Sparger, Savannah, for appellant.
    for defendant: Larry Chisolm, Margaret Heap, District Attorneys, and Emily Thomas, Assistant District Attorney, Savannah, for appellee.
    Case Number: A12A1982

    The trial court erred in failing to merge for sentencing the pairs of counts in which the crimes alleged were identical but the date ranges were different after the defendant was convicted of multip

  • Rooster Youngblood Constr. Inc. v. Bank of Hiawassee

    Publication Date: 2013-03-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Bruce Phillips, Marietta, for appellant.
    for defendant: . Marty Harrell Bank of Hiawassee, A Division of Citizens South Bank, Blairsville, for appellee.
    Case Number: A12A1908

    The superior court erred in confirming the foreclosure sale despite finding that the property did not sell for its true market

  • Parker v. State

    Publication Date: 2013-03-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Robb Hunter Public Defender's Office, Albany, for appellant.
    for defendant: Gregory Edwards, District Attorney, Albany, for appellee.
    Case Number: A12A1732

    The identification evidence was sufficient to support the defendant's convictions for burglary, aggravated battery, aggravated assault, robbery by intimidation and robbery by

  • Norton v. State

    Publication Date: 2013-03-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Patrick Longhi, Atlanta, for appellant.
    for defendant: Garry Moss, Shannon Wallace, District Attorneys, Cliff Head, and Robert Morton, Assistant District Attorneys, Canton, for appellee.
    Case Number: A12A1820

    The trial court properly admitted similar transaction evidence obtained during the execution of a search warrant, since the typographical error on the search warrant, which authorized the search for

  • Kroger v. Taylor

    Publication Date: 2013-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Branch, Elizabeth
    Attorneys: For plaintiff: Tami Peavy-Owen and Todd Handelman Gardner, Willis, Sweat & Handelman LLP, Albany, for appellant.
    for defendant: . Douglas Gibson Gibson & Associates PC, Waycross, and Morton Forbes Forbes, Foster & Pool, Savannah, for appellees.
    Case Number: A12A1765

    The trial court abused its discretion in denying an employer and its agent's subrogation claim in an employee's tort action, since the employee's action was timely, the employer and its agent claime