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  • McKenney v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Craig T. Pearson Public Defender's Office, Hinesville, for appellant. John T. Durden Jr., District Attorney, and Jon Hope, Assistant District Attorney, Hinesville, for appellee.
    for defendant:
    Case Number: A09A2038

    The victim's testimony and circumstantial evidence supported the defendant's convic

  • Clarke v. Freeman

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Andrew M. Scherffius III, Gregory R. Eagle Andrew M. Scherffius PC, Atlanta, and Randy J. Ebersbach Kam, Ebersbach & Lewis, Newnan, for appellant.
    for defendant: . Robert D. Ware, Meka B. Ward County Attorney's Office, Ralph I. Knowles Jr., Sheryl L. McCalla Doffermyre, Shields, Canfield, Knowles & Devine, Theodore Freeman, Freeman Mathis & Gary LLP, Matthew R. LaVallee Daley, Koster & LaVallee, Atlanta, William T. Mitchell, Karen E. Woodward Cruser & Mitchell, Norcross, Jack R. Hancock and Pamela F. Everett Freeman Mathis & Gary LLP, Forest Park, for appellees. Other party representation: Terry E. Williams, Jason C. Waymire, Buford, Jolanda E. Herring Hollowell Foster & Herring PC, Douglas R. Kertscher Hill, Kertscher & Wharton LLP, Tiffany C. Sellers, Thomas G. Sampson Thomas, Kennedy, Sampson & Tompkins, Coy J. Johnson Jr. County Attorney's Office, James E. Dearing Jr., Atlanta, and Paul I. Hotchkiss Freeman Mathis & Gary LLP, Forest Park.
    Case Number: A09A2339, A09A2340

    The trial court erred in dismissing the appellants' emotional distress claims, because the defendants were aware either of a specific threat to employees in the judge's chambers or of the weapon tha

  • MCG Health Inc. v. Owners Ins. Co.

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: David E. Hudson Hull Towill Norman Barrett & Salley, Augusta, for appellant.
    for defendant: Michael C. Kendall Talley, French & Kendall PC, Douglasville, Harry D. Revell Nicholson Revell LLP and David B. Bell Bell & Bell Assocs., Augusta, for appellee.
    Case Number: A09A1817

    A provider's hospital lien was invalid, because it was not secured by any debt, even though the provider had the right to file a lien under O.C.G.A. § 44-14-470 b, since the provider's contract with

  • Cobb v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Patricia F. Angeli, Jonesboro, for appellant.
    for defendant: Tracy G Lawson, District Attorney, and Anece Baxter, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A09A1971

    The trial court did not err in denying the defendant's motion to exclude evidence of a prior felony conviction, which the state used for impeachment pur

  • Daniel v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Robert H. Alexander III, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Amelia G. Pray, Assistant District Attorney, Marietta, for appellee.
    Case Number: A09A2245

    The trial court did not err in denying defendant's motion to suppress evidence found in his hotel room, because evidence of a woman yelling, sounds of struggle and the woman's apparently thwarted a

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  • Miller v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Wayne L. Burnaine, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Karen M. Harris, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A09A2400

    The trial court did not err in refusing to sever the defendant's attempted armed robbery offenses, because the charges constituted a series of connected

  • Hight v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Daniel D. Morgan, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Charles S. Cox, Assistant District Attorney, Rome, for appellee.
    Case Number: A09A2005

    Defendant's sentence was not cruel and unusual, because sentencing within statutory limits is constitut

  • Viers v. State

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Irvin S. Viers, Mt. Vernon, proceeded pro se. Brian M. Rickman, District Attorney, Toccoa, for appellee.
    for defendant:
    Case Number: A09A2293

    Defense counsel was not deficient for failing to make a Bruton objection to an investigator's testimony about the co-defendant's s nts, which contradicted the defendant's assertions, since the

  • State v. Nagbe

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Stephany J. Luttrell, Assistant District Attorney, Atlanta, for appellant.
    for defendant: Noah H. Pines Ross & Pines LLC, Atlanta, for appellee.
    Case Number: A09A2144

    The trial court did not abuse its discretion in granting the defendant's plea in bar, based on an analysis of the Barker v. Wingo fa

  • Lord v. State

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Wayne H. Basford Georgia Advocacy Office Inc., Decatur, and Michael R. McCarthy, Public Defender, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, for appellee.
    Case Number: A09A2192

    The defendant could not now assert that his incest conviction should have merged with his child molestation conviction and was thus void, because he waived any claim of merger when he pled guilty to