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  • Dept. of Transportation of Georgia v. Gilbert's Auto Service

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Warren R. Power, McDonough, for appellant.
    for defendant: William A. White and A.J.Welch Jr. Smith, Welch & Brittain, McDonough, for appellee.
    Case Number: A09A2240

    The DOT could not complain of an error, which it induced, in this inverse condemnation actions for business losses the plaintiff incurred due to the condemnation of land in which it had a leasehold

  • Johnson v. State

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael E. Garner, Columbus, for appellant.
    for defendant: Julia A. Slater, District Attorney, Michele C. Ivey and Michael E. Craig, Assistant District Attorneys, Columbus, for appellee.
    Case Number: A09A2347

    The defendant did not show that, but for defense counsel's allegedly deficient performance in failing to advise him of the mandatory sentence on a second armed robbery conviction, there was a reason

  • Potter v. State

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David J. Dunn Jr. and Jad B. Johnson Public Defender's Office, Douglas R. Woodruff, Public Defender, LaFayette, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, for appellee.
    Case Number: A09A2109

    The trial court did not err in admitting expert testimony on the scientific method of converting a serum alcohol reading into a whole blood alcohol concentr

  • Dunaway v. UAP/GA AG. Chem. Inc.

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Wilson R. Smith Smith & Jenkins, Vidalia, for appellant.
    for defendant: Frank F. Middleton IV Watson, Spence, Lowe & Chambless, LLP, Albany, for appellee.
    Case Number: A09A2195

    The appellants failed to show that the arbitrator overstepped his auth

  • Hudson v. Easterling

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Christopher T. Adams, Lawrenceville, for appellant.
    for defendant: Hope Easterling, Ellenwood, proceeded pro se.
    Case Number: A09A2396

    The ex-husband waived any objection to insufficient service of process by personally appearing at the hearing on his ex-wife's petition to modify their divorce d

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  • Taylor v. State

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James B. Stewart III King Law Group, Dublin, for appellant.
    for defendant: Louie C. Fraser, District Attorney, and Chad A. Pritchett, Assistant District Attorney, for appellee.
    Case Number: A09A2191

    The defendant was not prejudiced by trial counsel's failure to impeach the sole eyewitness with a certified copy of the witness's previous criminal conviction, as ample circumstantial evidence linke

  • Craigo v. Azizi

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ronald I. Kaplan and Jay D. Lukowski Kaplan & Lukowski LLP, Atlanta, for appellant.
    for defendant: . Wade K. Copeland and Ashley E. Sexton Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellees.
    Case Number: A09A1917

    The trial court's abuse of discretion with regard to the adequacy of the plaintiffs' expert witness's years of anesthesiology practice did not require reversal because the affiant did not meet licen

  • Banks v. Brotherhood Mutual Ins. Co.

    Publication Date: 2009-12-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David L. Hudgins, Roswell, for appellant.
    for defendant: . Robert A. Luskin and Adam C. Joffe Goodman, McGuffey, Aust & Lindsey LLP, Atlanta, for appellee.
    Case Number: A09A2128

    A pastor could not claim uninsured motorist benefits on a church van, because he was driving a city service truck when the underlying collision occ

  • Davis v. State

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Dock H. Davis, Franklin, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Robert N. Peterkin, Assistant District Attorney, Greenville, for appellee.
    Case Number: A09A2057

    The trial court's colloquy with the defendant, an experienced criminal defense attorney, supported a finding that Davis voluntarily, knowingly and intelligently waived his right to counsel and proce

  • Kelley v. State

    Publication Date: 2009-12-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jared M .Campbell Public Defender's Office, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Kay A. Wetherington, Assistant District Attorney, Rome, for appellee.
    Case Number: A09A2004

    The defendant initiated contact with the 15-year-old victim, asked her to have sex with him, offered her money and arranged a place to pick he up so they could have sex at his