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  • Huff v. State

    Publication Date: 2015-11-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: John Culp, Public Defender, Waycross, for appellant.
    for defendant: Richard Perryman, District Attorney, Nashville, and Rebekah Ditto District Attorney's Office, Adel, for appellee.
    Case Number: A15A1031

    The defendant was entitled to a new trial after the trial court violated O.C.G.A. § 17-8-57 by impermissibly commenting on the similarity and probative value of similar transaction evidence admitted

  • RES-GA Hightower LLC v. Golshani

    Publication Date: 2015-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Jonathan Edwards, James Grant Alston Bird LLP, David Klein, Bradley Hutchins Weissman, Nowack, Curry Wilco PC, Frank Deborde, and Lisa Wolgast Morris, Manning Martin, Atlanta, for appellant.
    for defendant: John Christy and Scott McAlpine Schreeder Wheeler Flint, Atlanta, for appellee. Other party representation: Patricia Ammari, Marietta, and Simin Khani, Irvine, CA.
    Case Number: A15A0987

    Under O.C.G.A. § 44-12-24 and the Georgia Supreme Court's decision in Security Feed Seed Co. of Thomasville Inc. v. NeSmith, an assignee to a debt does not have standing to assert a cla

  • City of Greensboro, GA v. Rowland

    Publication Date: 2015-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Andrew Whalen and Jessica O'Connor The Whalen Law Firm LLP, Griffin, for appellant.
    for defendant: Chandra Jones, Atlanta, for appellees.
    Case Number: A15A1145

    The trial court properly denied the City's motion to dismiss two landowners' claims for inverse condemnation, trespass, intentional tort and nuisance arising out of the City's construction and main

  • Villegas v. State

    Publication Date: 2015-11-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: G. Richard Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Lisa Pappas District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A15A1595

    Defense counsel's decision to forgo a request to charge on criminal trespass and instead pursue an all-or-nothing strategy in the defendant's burglary trial was not so pate

  • Vincent v. Vincent

    Publication Date: 2015-10-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: John Hatfield Hatfield Hatfield PC, Waycross, for appellant.
    for defendant: . Thomas Pujadas, Ocilla, for appellee.
    Case Number: A15A1244

    In ruling on the grandparents' petition seeking visitation rights to their minor grandchildren pursuant to O.C.G.A. § 19-7-3, the trial court should have applied the best interes

  • Law Journal Press | Digital Book

    District of Columbia Legal Malpractice Law 2024

    Authors: Shari L. Klevens, Alanna G. Clair

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  • Allen v. State

    Publication Date: 2015-10-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Ronald Parker, Assistant Public Defender, Bainbridge, for appellant.
    for defendant: Gregory Edwards, District Attorney, Melinda Wynne, and Lela Alvonellos District Attorney's Office, Albany, for appellee.
    Case Number: A15A1446

    The trial court did not abuse its discretion in denying the defendant's motion to withdraw his guilty to several charges, as the defendant failed to show that he was not competent to enter the

  • In the Interest of A. A.

    Publication Date: 2015-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Kimberly Gross, Assistant Public Defender, Griffin, for appellant.
    for defendant: Scott Ballard, District Attorney, Griffin, and Robert Smith Prosecuting Attorneys' Council of Georgia, Morrow, for appellee.
    Case Number: A15A1221

    The State did not show that the firearm that fell from the juvenile's pocket as he was fleeing from an officer met the requirements of the firearms offenses with which he was charged under O.C.G.A.

  • Kreiger v. Bonds

    Publication Date: 2015-08-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: David Hungeling and George Koenig Koenig Law Group PC, Atlanta, for appellant.
    for defendant: John Hipes, Layne Kamsler Hipes Belle Isle LLC, Alpharetta, and Joel Dodson, Douglasville, for appellee.
    Case Number: A15A0767

    This appeal arises out of a Buy-Sell Agreement for Southeast Cooler Corp. the Agreement executed between Steven Kreiger and Craig Bonds gov

  • Freeman v. State

    Publication Date: 2015-08-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Stanley Schoolcraft Public Defender's Office, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Elizabeth A. Baker, Deputy Chief Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A15A0545

    Following a jury trial in September 2013, Emmanuel Philemon Freeman was convicted of two counts of cruelty to children in the second degr two counts of cruelty to children in the first degr

  • Georgia Dep't of Transp. v. Wyche

    Publication Date: 2015-07-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McMillian, Carla W.
    Attorneys: For plaintiff: Samuel S. Olens, Attorney General, Kathleen Pacious, Deputy Attorney General, Loretta Pinkston, Senior Assistant Attorney General, and Claude Sitton, Assistant Attorney General, Atlanta, for appellant.
    for defendant: Melanie Eyre, Stevan Miller Drew Eckl Farnham LLP, Cheryl Shaw, Kent Stair Carlock, Copeland, Semler Stair LLP, Atlanta, Russell Boston, and Wendy Boston The Boston Law Firm LLP, Macon, for appellees.
    Case Number: A15A0346

    Defendant Georgia Department of Transportation DOT appeals the trial court's order denying its motion to dismiss the complaint of Plaintiff Mary Wyche, individually