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  • Spencer v. State

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jennifer R. Burns Public Defender's Office, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Isabel M. Pauley, Assistant District Attorney, Savannah, for appellee.
    Case Number: A09A0453

    By not requesting any relief available under O.C.G.A. § 17-16-6, the defendant waived his right to complain about the state's failure to disclose his in-custody offer to bribe the v

  • Ellison v. State

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John H. Petrey, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Jeanette J. Fitzpatrick, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A09A0019

    A reasonable person in the defendant's situation would not have believed that his freedom was curtailed in a significant way, after agreeing to speak with o s and leading them to his o

  • Moore v. State

    Publication Date: 2009-04-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, James A. Dooley and James E. Barker, Assistant District Attorneys, Douglasville, for appellee.
    Case Number: A09A0723

    The trial court's pattern charge on considering a defendant's statements did not impermissibly shift the state's burden of

  • Burrowes v. State

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Lynn H. Whatley Whatley & Assocs. PC, East Point, for appellant.
    for defendant: Charles A. Spahos, Solicitor General, McDonough, and Tasha M. Mosley, Solicitor General, Jonesboro, for appellee.
    Case Number: A09A0360

    The defendant was not entitled to a continuance on the basis that he had newly retained counsel, which he filed minutes before jury selection, since that counsel was assisted at trial by another at

  • Hanson Staple Co. Inc. v. Eckelberry

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael P. Elkon and Erika C. Birg Seyfarth Shaw LLP, Atlanta, for appellant.
    for defendant: Arlene L. Coleman and Robert P. Catlin III Coleman & Dempsey, Atlanta, for appellee.
    Case Number: A08A2268

    The defendant breached no fiduciary duty owed to his former employer, since the record showed that the defendant did not inform the plaintiff's customers that he had left the plaintiff's employ and

  • Law Journal Press | Digital Book

    Section 337 Investigations: Unfair Trade Practice Litigation Before the ITC

    Authors: Michael G. McManus, Rodney R. Sweetland, III

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  • Hunt v. Thomas

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael H. Cummings II, Clayton, for appellant.
    for defendant: Russell W. Smith, Toccoa, for appellee.
    Case Number: A08A2142

    The defendant waived his right to a hearing on the plaintiff's motion for partial summary judgment by stipulating that only remaining issue in case was attorneys' fees and expressly waiving hearing

  • City of LaGrange v. Georgia Pub. Serv. Comm'n

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Genevieve H. Dame Friedman, Dever & Merlin LLC, Atlanta, for appellant.
    for defendant: James A. Orr, Jennifer N. Ide Southerland, Asbill & Brennan, Isaac Byrd, Deputy Attorney General, Sidney R. Barrett Jr., Senior Assistant Attorney General, and Daniel S. Walsh, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A08A1646

    O.C.G.A. § 46-3-8 b allowed the Troup County Board of Education to choose a different electric supplier from its assigned supplier for its newly built Fine Arts Auditorium, since the service is for

  • Binns v. State

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Mark A. Yurachek The Law Offices of Mark A. Yurachek & Assocs., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A08A2117

    Any error in the trial court admitting a witness's test that a victim identified the defendant as his shooter was harmless, since it was cumulative of the victim's trial test

  • Walker v. State

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert Greenwald, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Mya L. Whitmore-Hinton, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A08A1876

    Defense counsel was deficient for failing to object to a witness's testimony that one child molestation victim was telling her the truth about the alleged sexual

  • Jarrell v. JDC & Assocs.

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jennifer R. Chapin, Atlanta, for appellant.
    for defendant: . Adam H. Long, Veronica H. Cope Allen, Kopet & Assocs. PLLC, and LaShawn W. Terry Hollowell, Foster & Gepp, Atlanta, for appellees.
    Case Number: A08A1684

    The defendants did not breach the duty they owed to the plaintiff as a licensee on their premises, since no evidence showed that either defendant wilfully or wantonly injured the plaintiff or that t