• Laster v. State

    Publication Date: 2011-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Gary R. Williams Public Defender's Office, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Charles S. Cox, Assistant District Attorney, Rome, for appellee.

    Case Number: A11A1341

    The 87-year-old victim and the defendant, who lived with the victim free of charge in return for yard and maintenance work, got into an argument, the defendant grabbed her arm with both hands and in

  • Liles v. State; Kilgo v. State

    Publication Date: 2011-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Douglas P. Smith Public Defender's Office, McDonough, for appellant.
    for defendant: . Tommy K. Floyd, District Attorney, and Sandra G. Rivers, Assistant District Attorney, McDonough, for appellee.

    Case Number: A11A1012; A11A1013

    The trial court was authorized to find that the state satisfied its burden of showing that one defendant's consent to enter and search his hotel room was not the product of either express or implied

  • Knight v. State

    Publication Date: 2011-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Maurice V. Joseph, Assistant Public Defender, Reidsville, and Craig T. Pearson Public Defender's Office, Hinesville, for appellant.
    for defendant: John T. Durden Jr., District Attorney, and Melissa L. Poole, Assistant District Attorney, Hinesville, for appellee.

    Case Number: A11A0850

    The evidence supported the defendant's conviction for child molest

  • Coile v. State

    Publication Date: 2011-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Benjamin A. Pearlman Public Defender's Office, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Antonio E. Veal, Assistant District Attorney, Athens, for appellee.

    Case Number: A11A0968

    The sufficiency of the evi to support an order of restitution is measured by the civil standard of preponderance of the evi

  • Brundige v. State

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Benjamin A. Pearlman Public Defender's Office, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Antonio E. Veal, Assistant District Attorney, Athens, for appellee.

    Case Number: A11A0165

    Heat loss, which a thermal scanner can measure and record, fits within the scope of tangible evidence as that term is used in O.C.G.A. § 17-5-21 a 5-authorizing a search warrant for ' "the seizure o

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

    View this Book

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  • Cotton v. Smith

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Randolph A. Mayer and Mark Harper Payer & Harper LLP, Atlanta, for appellant.
    for defendant: Kenneth D. Jones and Kevin A. Leipow Hall, Booth, Smith & Slover PC, Atlanta, for appellees.

    Case Number: A11A0390

    The trial court erred in holding that a school official's duties related to the release of children from school were discretionary, not minist

  • Andrews v. Ford Motor Co.

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: O. Wayne Ellerbee, Valdosta, for appellant.
    for defendant: Michael R. Boorman, David A. Terry Huff, Powell & Bailey LLC, Atlanta, and John H. Smith Jr. Young, Thagard, Hoffman, Smith & Lawrence, Valdosta, for appellee.

    Case Number: A11A0579, A11A0778

    The trial court's order granting the insurer's mot intervene was contradictory because the order denied the insurer the status necessary to protect any interest it may have had, and the litiga

  • Legacy Communities Group Inc. v. Branch Banking & Trust Co.

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Steve M. Kushner and Eugenia W. Iredale Fellows LaBriola LLP, Atlanta, for Legacy Tampa Investment. Jennifer B. Moore, Mark G. Trigg and Lee B. Hart Greenberg Traurig LLP, Atlanta, for Branch Banking. Other party representation: Kevin A. Maxim The Maxim Law Firm PC, Simon H. Bloom, Stephanie A. Everette The Bloom Law Firm LLP, John D. Dalbey, Brian F. McEvoy Chivilis, Cochran, Larkins & Bever LLP, Atlanta, and Helen D. Chaltman Becker & Poliakoff LLP, New York, N.Y..
    for defendant:

    Case Number: A11A0696; A11A0697

    The bank's foreclosure of property did not prevent it from pursuing claims based on the underlying notes where the bank never consummated the foreclosure procee

  • Wilhelm v. Houston County

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: William R. Jerles Jr. and Robert R. Lawson Daniel, Lawson, Tuggle & Jerles LLP, Perry, for appellant.
    for defendant: Kelly L. Christopher, Timothy J. Buckley III Buckley Brown PC, Atlanta, Jerry A. Lumley Lumley & Howell LLP, Macon, Michael J. Long O'Neal, Long & Hall and H. David Moore, Warner Robbins, for appellees.

    Case Number: A11A0255

    The plaintiff could not maintain a nuisance claim based on damage to a house resulting from a defect constructed into the house that was concealed by the bu

  • Williams v. Booker

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Lee P. Gutschenritter and Wade K. Copeland Carlock, Copeland & Stair LLP, Atlanta, for Williams. Wilson R. Smith Smith & Jenkins, Vidalia, for Booker. John C. Daniel III, Richard A. Epps Jr. and Stuart E. Walker Martin Snow LLP, Macon, for Meadows Regional.
    for defendant:

    Case Number: A11A0634; A11A0635

    Trial court erred by inferring doctor was under the influence of alcohol while performing su from evidence that the doctor drank the weekend before the su