• Davenport v. State

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Cinque M. Axam Axam-Roberts Legal Group, Riverdale, for Davenport. Robert L. Mack Jr. Mack & Harris PC, Stockbridge, for Walsh. Tracy G. Lawson, District Attorney, and Anece Baxter, Assistant District Attorney, Jonesboro, for appellee.
    for defendant:

    Case Number: A10A1750; A10A1751

    The trial judge did not err in commenting on venue and the open-container charge after both the state and defense rested because the comments were made outside the jury's presence, the case was reop

  • Jones v. Lopez-Herrera

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Khadizeth Toure-Hernandez, Decatur, for appellant.
    for defendant: Craig P. Terrett Cruser & Mitchell LLP, Norcross, for appellee.

    Case Number: A10A1922

    Evidence supported the trial court's dismissal of the complaint for failure to perfect service of pr

  • Magnum v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Jennifer A. Trieshmann Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Lee Darragh, District Attorney, Gainesville, Jennifer D. Hart and John G. Wilbanks Jr., Assistant District Attorneys, Dawsonville, for appellee.

    Case Number: A10A1966

    The jury was authorized to consider the rebuttable presumption that the defendant, as the sole driver of the stolen vehicle in question, had possession of and control over the contraband contained w

  • Judice v. State

    Publication Date: 2011-03-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Louis M. Turchiarelli, Marietta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Lara A. Snow District Attorney's Office, Canton, for appellee.

    Case Number: A10A2323

    The trial court properly charged the jury on pted statutory rape, because the defendant's indictment charged him with the completed offense and any charged crime includes the offense of crimina

  • Atreus Comunities of Am. LLC v. Keybank Nat'l Ass'n

    Publication Date: 2011-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: James M. Johnson and Stephanie A. Everett The Bloom Law Firm LLP, Atlanta, for appellant.
    for defendant: . Russell J. Rogers, David L. Pool Thompson Hine LLP, and Sean A. Gordon Greenberg Traurig LLP, Atlanta, for appellee.

    Case Number: A10A1957

    Foreclosure sale confirmed because the appraiser based the estimated costs on personal and profession experience, including that of a colleague who assisted in the preparation of the appraisal and w

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  • Murray v. State

    Publication Date: 2011-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Anthony Murray, Macon, proceeded pro se. Samuel H. Altman, District Attorney, Swainsboro, and Charles D. Howard, Chief Assistant District Attorney, Lyons, for appellee.
    for defendant:

    Case Number: A10A1731

    Because the defendant's aggravated assault charges did not require proof of a fact that the armed r charges did not likewise require, his aggravated assault convictions merged into his armed

  • Miller v. State

    Publication Date: 2011-02-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Raymond B. Lakes III and Victoria L. Novak Public Defender's Office, Columbus, for appellant.
    for defendant: Julia A. Slater, District Attorney, and Douglas L. Breault, Assistant District Attorney, Columbus, for appellee.

    Case Number: A10A1702

    Juror's notes are not subject to a continuing witness objection as the trial court has discretion to authorize jurors to take notes during a trial and refer back to them during delibera

  • Dziwura v. Broda

    Publication Date: 2011-01-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Rodney S. Shockley Downey & Cleveland, Marietta, for appellant.
    for defendant: Michael L. Goldberg Fried, Rogers, Goldberg LLC, John B. Craig Harper, Waldon & Craig, Atlanta, and Stephanie F. Glickauf, Duluth, for appellee.

    Case Number: A08A2143

    The defendant was not entitled to a set-off based on another parties' settlement with the plaintiff, because the jury found the defendant solely responsible for the plaintiff's i

  • English v. State

    Publication Date: 2010-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Robert English, Pelham, proceeded pro se. Plez H. Hardin, District Attorney, and Daniel P. Bibler, Assistant District Attorney, Americus, for appellee.
    for defendant:

    Case Number: A10A1896

    The defendant knowingly and intelligently entered his plea because the record showed that he completed and signed a waiver-of-rights form prior to his plea hearing, the trial court confirmed that he

  • Nelson v. Bd. of Regents of the Univ. Sys. of Ga.

    Publication Date: 2010-12-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Steven L. Beard, Marietta, and Charles M. Cork III, Macon, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, J. David Stubins Attorney General's Office, Atlanta, and James S. V. Weston Hull, Towill, Norman, Barrett & Salley PC, Augusta, for appellees.

    Case Number: A10A1278

    The trial court properly granted the defendant's motion to open default and its second motion for summary judgment in the plaintiffs' medical malpractice a