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  • Silvey v. State

    Publication Date: 2016-02-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Margaret Heinen Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Gray, Stephen Bradley, Chief Assistant District Attorney, Milledgeville, and Allison Mauldin, Assistant District Attorney, Greensboro, for appellee.
    Case Number: A15A1139

    The trial court did not clearly abuse its discretion in admitting other acts evidence in the defendant's burglary trial to show intent, as intent was a material issue at trial, the evidence was rele

  • In the Interest of C. M. B.

    Publication Date: 2016-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Monte Davis, Roswell, for appellant.
    for defendant: Oliver Browning, District Attorney, Carrollton, and Dustin Strobel District Attorney's Office, Cedartown, for appellee.
    Case Number: A15A2070

    In an issue of first impression under the new Juvenile Code, the Court considered how to calculate the 72-hour period under O.C.G.A. § 15-11-521 subsection a during which the State must file a deli

  • Phillips v. Harmon

    Publication Date: 2016-02-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Kimberly W. Grant, Wayne Grant Grant Law Office, and Jonathan A. Parrish The Parrish Law Firm LLC, Atlanta, for appellant.
    for defendant: . Michael S. Bailey, Anna B. Fretwell Huff, Powell Bailey LLC, Heather L. Saum, John E. Hall Jr., Hall Booth Smith PC, Atlanta, and Mark W. Wortham Hall Booth Smith PC, Columbus, for appellees.
    Case Number: A14A0188

    The duty to preserve relevant evi arises when litigation is reasonably foreseeable to the party in control of the evi

  • McLarens Young Int'l Inc. v. American Safety Cas. Ins. Co.

    Publication Date: 2016-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Christine Mast Hawkins Parnell Thackston Young LLP, Atlanta, and David Wilford Wilford Conrad LLP, Barrington, IL, for appellant.
    for defendant: Kevin Doyle Lokey, Mobley Doyle LLP, Atlanta, and Susan Aldridge Chadbourne Parke LLP, Washington, DC, for appellees.
    Case Number: A15A0932

    The insertion of another party into the arbitration proceedings did not change the nature of proceedings such that the dispute was no longer between the two parties to underlying contract and thus

  • May v. State

    Publication Date: 2016-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: David Williams and Philip Clark Public Defender's Office, Monroe, for appellant.
    for defendant: Layla Zon, District Attorney, Covington, and Ronald McNease, Assistant District Attorney, Cuthbert, for appellee.
    Case Number: A15A0887

    The trial court properly denied the defendant's motion to suppress the less than one gram of methamphetamine an officer discovered during a pat-down for weapons, as the pat-down was justified and th

  • 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

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  • Piedmont Hosp. Inc. v. D. M.

    Publication Date: 2016-01-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Paul Hotchkiss, Charles Smith, and Paul Weathington Weathington Smith PC, Atlanta, for Piedmont Hospital. Hunter Allen, Joscelyn Hughes Allen, McCain O'Mahoney PC, Jennifer Jordan Shamp Speed Jordan Woodward, and Frank Ilardi Warshauer Law Group PC, Atlanta, for D. M. in Case No. A15A1572. Simuel Doster, Hunter Allen, and Joscelyn Hughes Allen, McCain O'Mahoney PC, Atlanta, for Colquitt in Case No. A15A1573. Jennifer Jordan Shamp Speed Jordan Woodward, and Frank Ilardi Warshauer Law Group PC, Atlanta, for D. M. in Case No. A15A1573.
    for defendant:
    Case Number: A15A1572; A15A1573

    The plaintiff's negligence and fraud claims were subject to the 5-year statute of repose because they arose out of the breach of a professional duty to inform the plaintiff that a blood test indicat

  • Gaskin v. State

    Publication Date: 2016-01-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Margaret Heinen Georgia Public Defender Standards Council, Atlanta, and Brian Condon, Flowery Branch, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Melissa Redmon, Assistant District Attorney, and David Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    Case Number: A15A0472

    The trial court harmfully erred in admitting evidence of the child molestation defendant's prior arrests for crimes that did not relate to his truthfu

  • Gonzalez v. State

    Publication Date: 2015-12-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Sean Lowe, Assistant Public Defender, Ringgold, and David Dunn Public Defender's Office, LaFayette, for appellant.
    for defendant: Herbert Poston, District Attorney, and Victoria Norman, Dalton, for appellee.
    Case Number: A15A0833

    The trial court did not err in dismissing the defendant's untimely motion to suppress drug evidence found in a traffic stop of his ve

  • Jobling v. Shelton

    Publication Date: 2015-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: David Maher, Atlanta, for appellant.
    for defendant: . Lauren Bruce County Attorney's Office, Marietta, for appellee.
    Case Number: A15A1090

    The manager of the county road maintenance division was entitled to both sovereign and official immunity in the plaintiffs' action arising out of their daughter's death in an automobile accident as

  • Schick v. Board of Regents of the Univ. Sys. of GA

    Publication Date: 2015-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Daniel Levitas Clements Sweet LLP, Atlanta, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Julia Anderson, Senior Assistant Attorney General, and Kelly Campanella Attorney General's Office, Atlanta, for appellee.
    Case Number: A15A1128

    The trial court erred in finding that the Board of Regents of the University System of Georgia was entitled to withhold certain documents based on the pending investigation