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  • Covington Square Assoc. v. Ingles Markets, Inc.

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael A. Kessler, Alpharetta, for appellant.
    for defendant: Samuel R. Arden and Jill R. Johnson Hartman, Simons, Spielman & Wood LLP, Atlanta, for appellee.
    Case Number: A09A2145

    Trial court erred in granting summary judgment to the plaintiff on it's plaintiff's claim for punitive damages, since entitlement to punitive damages is a jury

  • Johnson v. State

    Publication Date: 2009-11-13
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Sean A. Black Black Law Offices, Toccoa, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Hartwell, Samuel C. Small District Attorney's Office, Homer, and Adam C. Schroeder, Assistant District Attorney, Elberton, for appellee.
    Case Number: A08A0473

    An officer properly seized the marijuana in the defendant's jacket pocket, since the jacket was hanging just outside the bathroom door of a motel room from which the defendant was lawfully being evi

  • Miller v. State

    Publication Date: 2009-11-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Assistant District Attorney, Decatur, for appellee.
    Case Number: A08A0149

    Even after applying the appropriate reasonable probability standard in Strickland v. Washington, 466 U.S. 668 1984, the defendant's ineffective assistance claim f

  • Whitehead v. State

    Publication Date: 2009-11-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gilbert J. Murrah, Bainbridge, and Robert R. McLendon IV, Blakely, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, Bainbridge, for appellee.
    Case Number: A08A1923

    The defendant's conviction is reversed in light of Supreme Court's decision in Chase v. State, 285 Ga. 693 2009, that consent remained a viable defense to a charge of sexual assault brought under O

  • Merritt v. State

    Publication Date: 2009-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Carl P. Greenberg Metro Conflict Defender, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and David K. Getachew-Smith, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A09A1803

    The trial court did not err in denying the defendant's Batson motion, since the state gave race-neutral explanations for the two peremptory strikes that the defendant challenged on a

  • Law Journal Press | Digital Book

    Massachusetts Legal Ethics & Malpractice 2017

    Authors: James S. Bolan, Sara N. Holden

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  • Seymore v. State

    Publication Date: 2009-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kenneth D. Kondritzer, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Stephany J. Luttrell, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A09A2058

    Ample evidence from testimony and photographs supported a finding that the victim's injuries were seriously disfig

  • Roman v. State

    Publication Date: 2009-11-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David J. Walker, Jonesboro, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, Jonesboro, and Erman J. Tanjuatco, Assistant District Attorney, Marietta, for appellee.
    Case Number: A09A2218

    The defendant's indictment, which failed to allege any value for the stolen goods, was not defective, since the value of stolen property is not an essential element of the crime of theft by taking,

  • Perdue v. State

    Publication Date: 2009-11-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: D. Duston Tapley Jr., Vidalia, for appellant.
    for defendant: Louie G. Fraser, District Attorney, and Robert B. Faircloth, Assistant District Attorney, Dublin, for appellee.
    Case Number: A09A2316

    A witness's testimony as to value of stolen wheel rims was sufficient to warrant felony sen

  • Gumz v. Irvin

    Publication Date: 2009-10-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Samuel W. Worthington III, Columbus, for appellant.
    for defendant: . C. Robert Melton Haygood, Lynch, Harris, Melton & Watson, Forsyth, Wane Jernigan, Buena Vista, and Ray L. Allison Denney, Pease, Allison & Kirk, Columbus, for appellees.
    Case Number: A09A1903

    The post-hearing conference did not constitute a meeting within the meaning of the Open Meeting

  • Quinby v. Rausch

    Publication Date: 2009-10-30
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James S. Altman, Atlanta, for appellant.
    for defendant: Frances E. Pace and E. Earle Burke, Atlanta, for appellee.
    Case Number: A09A1816

    Sufficient evidence existed that the petitioner's ex-wife committed the predicate act of stalking, which supported the entry of a protective order against her pursuant to OCGA § 19