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  • Blue Cross and Blue Shield of Ga., Inc. v. Shirley

    Publication Date: 2010-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jamie L. Theriot Troutman Sanders LLP, Atlanta, for appellant.
    for defendant: Jason C. Waymire, Buford, for appellee.
    Case Number: A10A0326

    Michna v. Blue Cross and Blue Shield of Ga., 288 Ga. App. 112 2007, which held that terms inpatient and outpatient are of common usage among lay people and, therefore, not ambiguous, controlled this

  • Fulton County, Ga. V. T-Mobile, South LLC

    Publication Date: 2010-08-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: R. David Ware, County Attorney, and Jerolyn W. Ferrari County Attorney's Office, Atlanta, for appellant.
    for defendant: Timothy J. Peaden, Kristine M. Brown, Clark R. Calhoun Alston & Bird LLP, Atlanta, for appellee.
    Case Number: A10A0913

    The 9-1-1 charge, which the county imposed on wireless telephone service providers was a tax and a wireless telephone provider was entitled to a refund for charges paid for all of its prepaid cust

  • Yates v. State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ronald R. Parker, Assistant Public Defender, Bainbridge, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and Michael T. Garrett, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A10A1455

    The police officer's testimony that the amount of narcotics found on Yates was, in his experience, consistent with an intent to distribute was admissible in this case, since the state laid an adequa

  • Phillips v. Marquis at Mt. Zion-Morrow LLC

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ben B. Mills Jr. Mills & Chasteen PC, Fitzgerald, for appellant.
    for defendant: . James T. Perry Berlon & Timmel, Duluth, for appellees.
    Case Number: A10A1179

    The plaintiff could not recover emotion distress damages in the absence of a physical injury or evidence of malicious, willful or wanton conduct directed a

  • Humphries v. State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Leonora Grant, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A1132

    The defendant's act of dragging his victim down a steep hill, to a darker and more isolated place, established the element of asportation under the Georgia kidnapping st

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    Harris County Bench Book 2025

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  • Teemer v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kevin Armstrong, Assistant Public Defender, Albany, for appellant.
    for defendant: Gregory W. Edwards, District Attorney, and Kathryn O. Fallin, Assistant District Attorney, Albany, for appellee.
    Case Number: A10A1251

    The defendant had no constitutional right to be advised of collateral consequences, such as his eligibility or ineligibility for p

  • Watts v. State

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brian K. Ross, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie M. Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A10A1383

    Defense counsel's decision not to impeach the defendant's wife with evidence of her prior convictions was a matter of trial ta

  • Vaughan v. Wellstar Health Sys. Inc.

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael G. Horner, W. Carl Reynolds and Bradley J. Survant Reynolds, Horne & Survant, Macon, for appellant.
    for defendant: David A. Sapp and Donald A Gillis Green & Sapp LLP, Atlanta, for appellee.
    Case Number: A10A0066

    The plaintiff's proffered expert was not qualified to render an opinion under O.C.G.A. § 24-9-67.1 as she had not practiced in the relevant area of nursing for three of the five years preceding when

  • Wilson v. State

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Lawrence W. Daniel, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Dana J. Norman, Assistant District Attorney, Marietta, for appellee.
    Case Number: A10A1037

    The victim's testimony supported the defendant's convictions for child molestation and aggravated sexual ba

  • Dinkler v. State

    Publication Date: 2010-07-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and David E. Slemons District Attorney's Office, McDonough, for appellee.
    Case Number: A10A0505

    The trial court's error in failing to charge on the lesser of of battery was harmless, given the overwhelming evidence that the defendant committed the greater of