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  • Smith v. State

    Publication Date: 2011-07-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, for Smith. Steven B. Mizerak, Monroe, for Jackson. William K. Wynne Jr., District Attorney, and Clint C. Malcolm District Attorney's Office, Covington, for appellee.
    for defendant:
    Case Number: A11A0398; A11A0476

    Trial counsel was not ineffective for failing to object to the state's motion to join the two cases for trial because counsel testified that he failed to object as a matter of trial strategy because

  • Clark v. Atlanta Indep. Sch. Sys.

    Publication Date: 2011-06-17
    Practice Area:
    Industry:
    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

  • Steed v. State

    Publication Date: 2011-05-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ellery Steed, Atlanta, proceeded pro se. Barry E. Morgan, Solicitor General, Marietta, for appellee.
    for defendant:
    Case Number: A11A0318

    The plain error rule applies only to death penalty cases and other criminal cases in which the trial court violates O.C.G.A. § 17

  • Azam v. RPR Holdings Inc.

    Publication Date: 2011-05-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: A Azam, Atlanta, proceeded pro se. Panton P. Pou, Atlanta, for appellee.
    for defendant:
    Case Number: A11A0334

    The trial court's summary judgment ruling was presumably correct because the appellant's brief failed to include any citations to the record, and appellant failed to file a transcript of the hearing

  • Kappelmeier v. PDQ Property Management Inc.

    Publication Date: 2011-05-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gottfried A. Kappelmeier, Duluth, proceeded pro se. Patricia A. Hill PDQ Property Management Inc., Marietta, and Christopher R. Reeves The Finley Firm PC, Atlanta, for appellees.
    for defendant:
    Case Number: A11A0350; A11A0351; A11A0352; A11A0353

    The appellees' answers did not require verification because the appellant's complaint stated that it was verified but contained no attached affidavit indicating that the facts alleged therein were

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  • Burnett v. State

    Publication Date: 2011-05-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Andrew Burnett, Dacula, proceeded pro se. William K. Wynne Jr., District Attorney, Covington, Stephanie R. Myers, Assistant District Attorney, and Walter C. Howard District Attorney's Office, Monroe, for appellee.
    for defendant:
    Case Number: A11A0030

    The trial court did not err in denying defendant's motion to withdraw his guilty plea because the state met its burden of showing that he offered his plea knowingly, intelligently, and volunt

  • Tavakolian v. Agio Corp.

    Publication Date: 2011-05-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gholamreza Tavakolian, Avondale Estates, and Hamid Tavakolian, Mission Viejo, Calif., proceeded pro se. C. Terry Blanton Jerry L. Sewell, Atlanta, for appellees.
    for defendant:
    Case Number: A11A0694

    The trial court lacked jurisdiction to enter final judgment on the appellees' petition for declaratory judgment because this Court had not yet issued the remit

  • Bonner v. State

    Publication Date: 2011-04-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David C. Butler, placeCityMariettafor appellant. Patrick H. Head, District Attorney, Amelia G. Pray, Assistant District Attorney, and Christopher W. Timmons District Attorney's Office, Marietta, for appellee.
    for defendant:
    Case Number: A10A1670

    The single continuous act of simple battery was the evidence required to show the force used to accomplish the robbery, and thus the battery convi merged with the robbery convi

  • State Auto. Mutual Ins. Co. v. Todd

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brian W. Sprinkle Hawkins & Parnell, Atlanta, for appellant.
    for defendant: Milton F. Gardner Gardner & Gardner, Milledgeville, Jon C. Wolfe Chambliss, Higdon, Richardson, Katz & Griggs, and Cubbedge Snow Jr. Martin, Snow, Grant & Napier, Macon, for appellees.
    Case Number: A11A0046

    The insured's policy excluded the vehicle she was driving at the time of the underlying accident because the vehicle was not owned by the insured and she regularly dro

  • Porter v. State

    Publication Date: 2011-03-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael B. King, Jonesboro, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, McDonough, for appellee. Other party representation: L. Elizabeth Lane, Macon.
    Case Number: A11A0288

    The victim's testimony regarding the purchase price of an item, standing alone, was not sufficient to establish the item's fair market value in determining whether the defendant committed felony or