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  • Keown v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gregory A. Hicks, Woodstock, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Wallace W. Rogers Jr., Assistant District Attorney, Canton, for appellee.
    Case Number: A05A1290

    The defendant could not show prejudice under the circumstances based on his counsel's failure to offer evidence that he passed a polygraph test after counsel introduced evidence that he too

  • Brown v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: G. Richard Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Brooke O. Langston Gwinnett County District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A05A1171

    The defendant cut his wife multiple times with a decorative sword, forced his wife and son into a bathroom, threatened to kill them and stabbed his son through the ab

  • Ledford v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Stacy D. Barnett The Barnett Law Firm, Canton, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Allen D. Morris, Assistant District Attorney, Canton, for appellee.
    Case Number: A05A1397

    The defendant's previous use of a pocketknife to stab someone in anger and without provocation was relevant to the issue of whether he intended to threaten or harm the victim in this

  • Morris v. Britt

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Michael P. Froman, Atlanta, for appellant.
    for defendant: . Robert J. Wilson and Jason A. Mirabella Webb, Tanner& Powell LLP, Lawrenceville, for appellee.
    Case Number: A05A1101

    The defendants were not entitled to the value of repairs and improv they made to the plaintiff's real property, since they failed to exercise the purchase option in their lease-purchase agre

  • Fernandez v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Kevin W. Drummond, Carrollton, for Fernandez. Gerald P. Word Johnson, Word & Simmons, Carrollton, for Esparza. Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    for defendant:
    Case Number: A05A1046; A05A1047

    The defendants' nervousness and conflicting stories about why they traveled from California to Atlanta authorized the jury to find that they were aware of the 33 kilos of cocaine, which was hidden i

  • Law Journal Press | Digital Book

    Section 337 Investigations: Unfair Trade Practice Litigation Before the ITC

    Authors: Michael G. McManus, Rodney R. Sweetland, III

    View this Book

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  • Popham v. Garrow

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Peter N. Popham, Kennesaw, proceeded pro se. Joel L. Larkin Sams, Larkin & Huff LLP, Marietta, Charles E. Johnson III Shivers & Assocs., Alpharetta, John G. Parker Paul, Hastings, Janofsky & Walker, Debra E. LeVorse Hawkins & Parnell, Atlanta, and Ronald J. Doeve, Duluth, for appellees. Other party representation: Jerry A. Landers Jr. Green, Johnson & Landers, Atlanta, Christine C. Daniel, Jerry L. Gentry, Senior Assistant County Attorneys, and Parks F. Huff Sams, Larkin & Huff LLP, Marietta.
    for defendant:
    Case Number: A05A1422

    The Court imposed a $1,000 frivolous appeal penalty against the plaintiff who failed to support his contentions with citations to the record or to legal auth

  • McQueen v. Minolta Bus. Solutions Inc.

    Publication Date: 2005-08-12
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Robert L. cork Cork & Cork, Valdosta, for appellant.
    for defendant: Carl G. Fulp III Fult & Holt, Valdosta, for appellee.
    Case Number: A05A1479

    The plaintiff cannot recover from the manufacturer of a copier that she purchased from an office supply retailer under an implied warranty theory because there is no privity of contract between the

  • Gaines v. State

    Publication Date: 2005-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Robert D. Bryan Sims, Fleming & Spurlin, Tifton, for appellant.
    for defendant: Clifford P. Bowden, District Attorney, and Bradford L. Rigby, Assistant District Attorney, Tifton, for appellee.
    Case Number: A05A0985

    A jurors biased comments about the defendant's bad character during deliberations entitled the defendant to a new

  • Burchette v. State

    Publication Date: 2005-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, Cumming, for appellee.
    Case Number: A05A1205

    The trial court lacked authority to grant the defendant first offender treatment after adjudicatin guilty of arson and sentencin

  • Compris Techs. Inc. v. Techwerks Inc.

    Publication Date: 2005-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Brooke F. Voelzke, Jerry B. Blackstock, Leslie B. Zacks, Bradley W. Grout Hunton & Williams LLP, Atlanta, and J. Anthony Penry Taylor, Penry, Rash & Riemann, Raleigh, N.C., for appellant.
    for defendant: . Charles B. Tanksley Womble, Carlyle, Sandridge & Rice PLLC, and Michael S. Welsh, Atlanta, for appellee. Other party representation: Marion T. Pope Jr. Hasty, Pope & Ball, Canton.
    Case Number: A05A0024; A05A0025

    The Court partially vacated a nearly $2 million judgment for the defendants on their counterclaim to enforce a promissory note in the plaintiff's suit alleging that the defendants breached a settlem