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  • Martin v. Herrington Mill LP

    Publication Date: 2012-07-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Andrew T. Rogers and Gilbert H. Deitch Deitch & Rogers LLC, Atlanta, for appellant.
    for defendant: Sun S. Choy and Jacob E. Daly Freeman, Mathis & Gary LLP, Atlanta, for appellee.
    Case Number: A12A0549

    Plaintiff's mental illness did not render her incapable of managing the ordinary affairs of life and did not toll the statute of limitation on her premises liability

  • Berni v. Cousins Properties Inc.

    Publication Date: 2012-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: David L. Hudgins, Roswell, for appellant.
    for defendant: Matthew G. Moffett and Jeffrey M. Wasick Gray, Rust, St. Amand, Moffett & Brieske LLP, Atlanta, for appellees.
    Case Number: A12A0092

    No genuine issue of fact remained as to whether the defendants had superior knowledge of an alleged hazard posed by a grassy median in the parking lot of a shopping center on which the plaintiff tri

  • Ashmid v. State

    Publication Date: 2012-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: William Kitchens, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and William Akins, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A12A0381

    The prosecutor's use of an unmarked diagram of the human body while questioning the victim was demonstrative evidence, not improper refreshing of the witness' recolle

  • Amtrust N. Am. Inc. v. Palmer Trucking & Leasing Inc.

    Publication Date: 2012-07-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Scott Stevens Howe & Assocs. PC, Alpharetta, for appellant.
    for defendant: Martin Welch, Cleveland, for appellee.
    Case Number: A12A0641

    The trial court erred in failing to consider the plaintiff's timely conflict letter pursuant to U.S.C.R.

  • Futch v. State

    Publication Date: 2012-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Stuart Patray, Public Defender, Statesboro, for appellant.
    for defendant: Richard Mallard, District Attorney, and Daphne Jarriel, Assistant District Attorney, Statesboro, for appellee.
    Case Number: A12A0644

    Evidence that the defendant put his hand on the victim's neck did not meet the severity of harm requirement to support a battery convi

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  • In the Interest of L. R. III

    Publication Date: 2012-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Stephen Reba Barton Juvenile Defender Clinic, Atlanta, and L. Elizabeth Lane, Macon, for appellant.
    for defendant: Gregory Winters, District Attorney, and Ashley Cooper, Assistant District Attorney, Macon, for appellee.
    Case Number: A12A0594

    The juvenile court's commitment order violated the plain language of O.C.G.A. § 15-11-63 e 1 B because it did not credit the juvenile for time s

  • Brown v. State

    Publication Date: 2012-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Lisamarie N. Bristol Public Defender's Office, Monroe, for appellant.
    for defendant: Layla H. Zon, District Attorney, Covington, and Peter H. Boehm District Attorney's Office, Monroe, for appellee.
    Case Number: A12A0713

    The probative value of an unredacted recording of a police interrogation outweighed the prejudicial effect, despite the officer's course and inflammatory language, because the inflammatory language

  • Gordon v. State

    Publication Date: 2012-06-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Long Vo Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Arthur Walton, Assistant District Attorney, and Joshua Morrison District Attorney's Office, Atlanta, for appellee.
    Case Number: A12A0547

    Because the defendant's 13-year-old accomplice pointed a handgun at the victim, demanded the keys to his SUV, entered the vehicle and attempted to start its engine, he obtained the vehicle within th

  • Dove v. Ty Cobb Healthcare Sys. Inc.

    Publication Date: 2012-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Thomas Strickland, Watkinsville, for appellant.
    for defendant: John Dickerson McClure, Ramsay, Dickerson & Escoe LLP, Toccoa, for appellee.
    Case Number: A12A0153

    The trial court erred in dismissing two claims on the ground that they alleged professional negligence but the plaintiff failed to file an expert affidavit, since the defendant did not set forth thi

  • Adams v. State

    Publication Date: 2012-05-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Jennifer Hildebrand Hildebrand Law Office PC, LaFayette, for appellant.
    for defendant: Herbert Franklin, District Attorney, and Kevin Baugh District Attorney's Office, LaFayette, for appellee.
    Case Number: A12A0458

    The trial court cured its error in admitting the nontestifying accomplice's statement to the state investigator, when it allowed the defendant to recall the accomplice as a witness and cross-examin