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  • Guise v. State

    Publication Date: 2010-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael B. King, CityplaceJonesborofor appellant. Tasha M. Mosley, Solicitor General, and Keith E. Gammage Solicitor General's Office, CityplaceJonesboro, for appellee.
    for defendant:
    Case Number: A10A0676

    The Court reversed the defendant's conviction, because no colloquy between the trial court and defendant determining whether the defendant knowingly and intelligently waived his right to jury trial,

  • Otuwa v. State

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Frank C. Winn, Douglasville, for appellant.
    for defendant: James D. McDade, District Attorney, James E. Baker and James A. Dooley, Assistant District Attorneys, Douglasville, for appellee.
    Case Number: A10A0137

    The trial court was authorized to increase the defendant's sentence for burglary, because he was informed, prior to entering a guilty plea, that if he violated probation he could be sentenced to the

  • Hardin v. Hardin

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael S. Bennett Sr. and James T. Bennett The Bennett Law Firm, Valdosta, for appellant.
    for defendant: Dirk Hardin, Valdosta, proceeded pro se.
    Case Number: A10A0572

    The trial court erred in refusing to consider additional evidence from a witness discovered after the hearing, but before the final ruling, because the trial court in a custody action must consider

  • Henderson v. State

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kelley A. Dial, Public Defender, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Mickey R. Thacker, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A10A0243

    The trial court did not err in admitting similar transaction evidence of the defendant's prior conviction for robbery by intimidation, because the evidence was admitted to show bent of mind and cour

  • Crusselle v. State

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert P. McFarland Jr. McFarland and Assocs. PC, Cumming, for appellant.
    for defendant: Robert D. James Jr., Solicitor General, and Sophia E. Haynes, Assistant Solicitor General, Decatur, for appellee.
    Case Number: A10A0575

    The trial court did not err in denying defendant's mistrial motion, on grounds that the state made an improper closing argument, because the comments were permissible and the comments most likely di

  • Law Journal Press | Digital Book

    Connecticut Appellate Practice & Procedure, 8th Edition

    Authors: HON. ELIOT D. PRESCOTT, JULIE A. LAVOIE

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  • Shindorf v. State

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Shelly D. Faulk, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A10A0706

    The trial court did not err in sentencing defendant as a recidivist, because the state's notice of its intent to pursue such sentencing four days before trial was t

  • Dixon v. State

    Publication Date: 2010-04-23
    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 Carole Cox, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A0085

    The trial court did not err in denying the defendant's motion for mistrial on grounds that the victim's testimony improperly placed his character in evidence when she testified that the defendant t

  • Henderson v. State

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Patrick G. Longhi, Atlanta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Holly L. Varner, Assistant District Attorney, Canton, for appellee.
    Case Number: A10A0305

    There was no evidence of asportation and enticement sufficient to support the defendant's enticing a child conviction, because no evidence showed that he enticed, persuaded or lured children into a

  • Butler v. State

    Publication Date: 2010-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael T. Saul Garret, Gilliard & Saul LLC, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A10A0736

    The trial court did not err in denying defendant's motion to suppress, because the police officer's actions in waving the defendant down did not constitute a Terry stop requiring reasonable, articul

  • Green v. State

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Stephen R. Scarborough, Atlanta, for appellant.
    for defendant: Garry T. Moss, District Attorney, J. Clifford Head and Wallace W. Rogers Jr., Assistant District Attorneys, Canton, for appellee.
    Case Number: A10A0608

    The evidence sufficiently supported the defendant's failure to reg conviction, because he testified that he knew of the registration requirement but forgot to reg