• Austin v. State

    Publication Date: 2007-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Shon R. Austin, Valdosta, proceeded pro se. Kelly R. Burke, District Attorney, Jason E. Ashford, Assistant District Attorney, and Timothy M. Marlow District Attorney's Office, Perry, for appellee.
    for defendant:

    Case Number: A07A0507

    Evidence that defendant punched the victim, handcuffed her against her will to the bathroom door, then dragged her to a closet, where he continued to hold her against her will, supported his convic

  • Swain v. State

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Patricia F. Angeli, Jonesboro, for appellant.
    for defendant: Jewel C. Scott, District Attorney, and Billy J. Dixon, Assistant District Attorney, Jonesboro, for appellee.

    Case Number: A07A0247

    The defendant voluntarily gave his statement, was 15 years old, could read and write, read aloud and signed the Miranda warnings and waiver, wrote out a statement and never asked to speak with his g

  • Moore v. Cranford, Judge

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: John R. Monroe, Roswell, for appellant.
    for defendant: Nathan T. Lee Glover & Davis, Newnan, for appellee.

    Case Number: A07A0316

    A probate court has discretion in going beyond the 60-day time period provided for by O.C.G.A. § 16-11-129 d 4 when waiting for state or federal law enforcement agencies to return criminal history

  • Dockens v. Runkle Consulting Inc.

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Wanda Y. Dockens, Lithonia, proceeded pro se. James T. McDonald Jr. and Molly J. Prodgers Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellee.
    for defendant:

    Case Number: A07A0360

    The plaintiff's claim that the defendant negligently inspected and certified a retaining wall, which adjoined her property, was a claim for professional negligence, which required an affidavit purs

  • Orr v. Georgia Transmission Corp.

    Publication Date: 2007-05-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Richard N. Hubert Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: . Frank Armstrong III Stewart, Melvin & Frost, Gainesville, for appellee.

    Case Number: A06A0941

    The Court of Appeals erred in focusing on O.C.G.A. § 22-2-109 a in determining that the effective date of condem was filing of the condem petition, since it was undisputed that the conde

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  • Donnell v. State

    Publication Date: 2007-05-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Dawn D. Scotland, Douglasville, for appellant.
    for defendant: James D. McDade, District Attorney, Jeffrey L. Ballew and James A. Dooley, Assistant District Attorneys, Douglasville, for appellee.

    Case Number: A07A0441

    Evidence, including the defendant's cashing of a stolen and forged company check from a burglarized auto body shop and his admitted ownership of the tool, which was used to cut the auto body shop's

  • Mountain Orthopedics & Sports Med. PC v. Williams

    Publication Date: 2007-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Sharese Shields and Thomas S. Carlock Carlock, Copeland, Semler & Stair, Atlanta, for appellant.
    for defendant: W. Fred Orr II and James G. Edwards II Orr & Edwards, Decatur, for appellee. Other party representation: Daniel J. Huff and Erica S. Jansen Huff, Powell & Bailey LLC, Atlanta.

    Case Number: A06A2311

    The expert affidavit requirement for medical malpractice actions did not apply to the complaint, as drafted, since it failed to allege that the defendant's agent or employee was a doctor or other l

  • Davenport v. Cummins Ala. Inc.

    Publication Date: 2007-04-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: William S. Stone, Blakely, and Antoinette Davis Boone & Stone, Atlanta, for appellant.
    for defendant: . Leigh M. Wilco Weissman, Nowack, Curry & Wilco PC, and Todd E. Hatcher, Atlanta, for appellee. Other party representation: Charles L. Clay Jr., Ashley P. Nichols Weinberg, Wheeler, Hudgins, Gunn & Dial, George W. Brinson, Atlanta, and J. Bradley Powell Lightfoot, Franklin & White, Birmingham, Ala.

    Case Number: A06A2200

    A component part manufacturer and distributor that did not have an active role in the final product design is not liable as a manufacturer in a products liability a

  • Henry v. State

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Billy L. Spruell and Melinda D. Taylor Spruell, Taylor & Assocs. PC, Marietta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Lisa A. Jones, Assistant District Attorney, Lawrenceville, for appellee.

    Case Number: A06A2389

    Where the defendant is charged with first degree vehicular homicide based on felony hit-and-run, the plain language of O.C.G.A. § 40-6-393 a requires the state to prove a causal connection between t

  • Huffman v. Armenia

    Publication Date: 2007-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Neil L. Wilkinson and Paul T. Wright Wilkinson & Wright, Atlanta, for Huffman. Jeffrey D. Horst and Michael J. Jacobs Krevolin & Horst LLC, Atlanta, for Armenia and others. James T. McDonald Jr. and James D. Johnson Swift, Currie, McGhee & Hiers LLP, Atlanta for Wilkinson. Other party representation: Martha A. Miller Martha A. Miller PC, Thurbert E. Baker, Attorney General, John B. Ballard Jr., Oscar B. Fears III, Assistant Attorneys General, Ronald K. Woods, Atlanta, Fred D. Bentley Jr., Stuart L. Sims Bentley, Bentley & Bentley, Carlton L. Kell Brock, Clay, Calhoun, Wilson & Rogers PC, and Albert E. Jones, Marietta.
    for defendant:

    Case Number: A06A2105; A06A2106; A07A0616

    The defendant was not in contempt of a TRO restraining him from' "misappropriating, converting, transferring, or otherwise using or depleting" ' company's assets when he filed a pro se bankruptcy p