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  • Mims v. State

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Kevin Armstrong, Assistant Public Defender, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, and Matthew Breedon, Assistant District Attorney, Albany, for appellee.
    Case Number: A11A1991

    The trial court did not err in allowing the victim's prior consistent statement to the responding officer that the defendant was her attacker, since defense counsel challenged the victim's veracity

  • Wood v. B&S Enterprises Inc.

    Publication Date: 2012-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Troy R. Millikan, Gainesville, for appellant.
    for defendant: Richard C. Foster and Andrea A. Guariglia Hicks Casey & Foster PC, Marietta, for appellee.
    Case Number: A11A1632

    The trial court did not err in charging the jury on the special mission doctrine as it applied to the theory of respondent superior, where no evidence showed that the employee drove himself and seve

  • Congress Street Properties LLC v. Garibaldi's Inc.

    Publication Date: 2012-02-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Roy E. Paul Bart, Meyer & Company LLP, Savannah, for appellant.
    for defendant: Dana F. Braun and T. Daniel Tucker Callaway Braun Riddle & Hughes PC, Savannah, for appellee.
    Case Number: A11A1715

    The restaurant acquired through adverse possession the right to use certain airspace occupied by a ventilation system encroaching onto neighboring pro

  • State v. Hammond

    Publication Date: 2012-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Atlanta, and Elizabeth A. Baker District Attorney's Office, Jonesboro, for appellant.
    for defendant: Jessica K. Stern Kish and Lietz PC, Atlanta, for appellee.
    Case Number: A11A1724

    The defendant was not in custody for purposes of Miranda when he admitted to possessing contr

  • Johnson v. State

    Publication Date: 2012-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Christopher W. Willis, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, and James A. Dunn, Assistant District Attorney, Cumming, for appellee.
    Case Number: A11A2220

    The court made factual findings, which the record did not support, and misapplied the Barker factors in denying the defendant's plea in bar to charges of burglary and theft by taking on speed

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • State v. Mincher

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Robert E. Brooks Jr., District Attorney, Cedartown, for appellant.
    for defendant: Allen M. Trapp Jr., Carrollton, for appellee.
    Case Number: A11A1906

    The trial court properly granted the defendant's motion to suppress evidence garnered as a result of a traffic stop for making an illegal right turn, as the stop was unreasonable and not based on th

  • Calloway v. State

    Publication Date: 2012-02-03
    Practice Area:
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    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Robert E. Perrine Jr. Public Defender's Office, Americus, for appellant.
    for defendant: Plez H. Hardin, District Attorney, Americus, and Wesley A. Lambertus District Attorney's Office, Columbus, for appellee.
    Case Number: A11A2130

    The trial court did not abuse its discretion in denying the defendant's request for a continuance after he indicated that he had retained new counsel, as the defendant failed to use reasonable dilig

  • Layne v. State

    Publication Date: 2012-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Troy E. Golden, Assistant Public Defender, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, and Matthew Breedon, Assistant District Attorney, Albany, for appellee.
    Case Number: A11A2049

    To prove the charges of possession of a firearm by a convicted felon, the state only had to prove that the defendant had constructive possession, i.e., the power and intention to exercise dominion o

  • Masood v. State

    Publication Date: 2012-01-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Benjamin A. Davis Jr. The Davis Law Firm PC, Atlanta, for appellant.
    for defendant: Sherry Boston, Solicitor General, and Sri H. Digumarthi Solicitor General's Office, Decatur, for appellee.
    Case Number: A11A2246

    The defendant admitted drinking, he failed two field sobriety , he d positive on alco-sensor and he refused to take state-administered

  • Farris v. First Financial Bank

    Publication Date: 2012-01-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A11A1799

    The defendants complied with the requirements of the applicable foreclosure law and the security deed on the property in question when they sent notice of default and acceleration of the debt via ce