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  • Bone v. State

    Publication Date: 2011-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Russell K. Walker, Perry, for appellant.
    for defendant: George H. Hartwig III, District Attorney, Perry, for appellee.
    Case Number: A11A0983

    The trial court did not err in denying the defendant's motion to suppress certain statements he made to police because they were unsolicited, and thus not protected under Mi

  • Morrow v. State

    Publication Date: 2011-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Rafe Banks III Banks & Stubbs LLP, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, and James A. Dunn, Assistant District Attorney, Cumming, for appellee.
    Case Number: A11A0905

    The Fourth Amendment of the Georgia Constitution affords no greater protection than that provided by the federal constitution in the context of a waiver of such rights as a special condition of prob

  • Harris v. State

    Publication Date: 2011-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Patricia F. Angeli, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Adeline N. Alexander and Lalaine Aquino Briones, Assistant District Attorneys, Jonesboro, for appellee.
    Case Number: A11A0806

    Evidence sufficiently corroborated the accomplice's testimony as to the defendant's participation in the armed robberies of two s

  • Radio Sandy Springs Inc. v. Allen Rd. Joint Venture

    Publication Date: 2011-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Francisco J. Marquez, Acworth, for appellant.
    for defendant: Deborah V. Haughton and Noel J. Cotney Jr. Wiles & Wiles, Marietta, for appellee.
    Case Number: A11A1453.

    The Court dismissed an appeal from the grant of summary judgment to the landlord in a dispossessory action for failure to comply with the seven-day filing requirement of O.C.G.A. § 44-7-56 even tho

  • Bizimana v. State

    Publication Date: 2011-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: R. Javoyne Hicks, District Attorney, Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A11A0783

    Testimony that the apartment complex where the crime occurred was in DeKalb county was sufficient to establish

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  • Steele v. Riverchase Dev. Co. Inc.

    Publication Date: 2011-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William J. Stemberger Jr. Stemberger & Assocs., Newnan, for appellant.
    for defendant: Gregory A. Futch and Patrick D. Jaugstetter Power, Cooper & Jaugstetter PC, McDonough, for appellee.
    Case Number: A11A1214

    The trial court did not err in refusing to consider a summary judgment motion filed only seven days before the trial was scheduled to

  • Clark v. Atlanta Indep. Sch. Sys.

    Publication Date: 2011-08-19
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert D. Feagin Martenson, Hasbrouck & Simon LLP and John F. Woodham Woodham and Assocs. LLC, Atlanta, for Clark. Lemuel H. Ward City of Atlanta Law Dep't, Charles S. Johnson III, Joshua I. Bosin, Sarah L. Zampell Holland & Knight LLP, Matthew C. Welch, Atlanta, and Norman S. Fletcher Brinson, Askew, Berry, Seigler, Richardson & Davis LLP, Rome, for Atlanta Independent School System. Lemuel H. Ward, Jeffrey S. Haymore City of Atlanta Law Dep't, William S. Sams Fulton County Attorney's Office, Charles S. Johnson III, Joshua I. Bosin, Sarah L. Zampell Holland & Knight LLP, Matthew C. Welch, Atlanta, and Norman S. Fletcher Brinson, Askew, Berry, Seigler, Richardson & Davis LLP, Rome, for city of Atlanta.
    for defendant:
    Case Number: A11A0549; A11A0550; A11A0551

    The Court dismissed for lack of jurisdi an appeal from an order construed as an amendment of an order granting an interlocutory injun

  • Davis v. State

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Wesley C. Ross District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A11A1009

    Defense counsel was not ineffective for failing to file a motion to suppress evidence obtained during a warrantless search of the defendant's home since the defendant's wife, the victim, consented t

  • Lewis v. State

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ryan J. Swingle, Regional Conflict Defender, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and David T. Lock District Attorney's Office, Athens, for appellee.
    Case Number: A11A0842

    Sufficient evidence of a conspiracy existed so statements by one co-conspirator were admissible under a hearsay exce

  • Clark v. State

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Daniel R. Partain, Public Defender, Conyers, for appellant.
    for defendant: . Richard R. Read, District Attorney, and Roberta A. Earnhardt, Senior Assistant District Attorney, Conyers, for appellee.
    Case Number: A11A0865; A11A0866

    A person who is in arm's reach of a firearm during the commission of a felony commits a felony and thus both defendants guilty of aggravated assault and possession of a firearm with intent t