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  • Jackson v. State

    Publication Date: 2009-05-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Dustin K. Kirby, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, District Attorney, and William M. Olson, Assistant District Attorney, Athens, for appellee.
    Case Number: A09A0609

    The arresting officer had probable cause to stop the defendant in a convenience store parking lot for playing loud music in violation of OCGA § 40-6

  • Fox v. City of Cumming

    Publication Date: 2009-05-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert P. McFarland McFarland & Assocs., Cumming, for appellant.
    for defendant: Dana B. Miles and Kevin J. Tallant Miles, McGoff & Moore LLC, Cumming, for appellee.
    Case Number: A09A0532

    Attorneys' fee award to defendant reversed as plaintiff's claim, based on her interpretation of the Landowner's Bill of Rights and Private Property Protection Act-O.C.G.A. § 22-1-11-was not so devoi

  • Ware v. State

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jon C. Rhoades, LaGrange, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, and William D. Hocutt District Attorney's Office, LaGrange, for appellee.
    Case Number: A09A0337

    Evidence that the crack cocaine officers found where the defendant made a throwing motion was dry and hard, despite the rainwater saturated ground, and the absence of other persons in the vicinity,

  • Silvers v. State

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael R. McCarthy, Public Defender, and Benjamin D. Goldberg, Assistant Pub. Defender, Dalton, for appellant.
    for defendant: Robert H. Smalley, III, Curtis A. Kleem and Samuel L. Sanders McCamy, Phillips, Tuggle & Fordham LLP, Dalton, for appellee.
    Case Number: A09A0176

    The fact-finder was not required to accept as reasonable the inference or hypothesis that the defendant became intoxicated only after he arrived at his home or that someone else was driving his car

  • City of Atlanta v. Roach

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Todd A. Brooks Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellant.
    for defendant: . William M. Cummings III Cummings & Middlebrook and Scott D. Delius, Atlanta, for appellee. Other party representation: Delece Brooks State Bd. of Workers' Comp., Atlanta.
    Case Number: A09A0456

    An employee did not suffer a superadded injury when he suffered third-degree burns to his previously injured left hip after falling asleep on a heatin

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    Winning at Trial: Insights from the Bench and Leading Litigators

    Authors: David R. Marriott

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  • Lehman v. Keller

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Wendell E. Johnston Jr., Johnston, Wilkin & Williams, Augusta, for appellant.
    for defendant: . Mark B. Williamson Burnside Wall LLP, Augusta, for appellee. Other party representation: Carl P. Dowling McLeod & Dowling, Evans.
    Case Number: A09A0690

    The buyers' fraud claim failed because they could not establish an essential element-justifiable rel

  • Aaron v. Georgia Farm Bureau Mut. Ins. Co.

    Publication Date: 2009-04-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Wilson R. Smith Smith & Jenkins, Vidalia, for appellant.
    for defendant: Mason White and James D. Kreyenbuhl Brennan, Harris & Rominger, Savannah, for appellee.
    Case Number: A09A0354

    The possibility of a settlement of the plaintiff's insurance claim for damage to his home did not discharge the plaintiff from his duty to file suit within 1-year limitation period set forth in his

  • Robertson v. State

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Venita S. McCoy, Assistant District Attorney, Perry, for appellee.
    Case Number: A09A0282

    The defendant entered his guilty plea to armed robbery and a firearms offense knowingly and intellig

  • Wilcox v. State

    Publication Date: 2009-04-17
    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 John O. Williams, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A08A2135

    The defendant did not show prejudice from defense counsel's failure to object to the state's opening reference to the co-defendant's guilty plea, since opening statements do not constitute evi

  • Dorsey v. State

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla H. Zon, Assistant District Attorney, Covington, for appellee.
    Case Number: A09A0261

    The defendant drove the getaway car, which contained the stolen goods, his co-defendants' clothing and th