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  • Sims v. State

    Publication Date: 2009-03-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Laura K. Cone, Gainesville, and Michael N. Peluso, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and David E. Slemons District Attorney's Office, McDonough, for appellee.
    Case Number: A09A0225

    The trial court did not plainly err in restating the victim's testimony then asking her if she knew where Locust Grove was located, since the trial court never stated that the alleged incidents of m

  • Page v. State

    Publication Date: 2009-03-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Monte K. Davis, Roswell, for appellant.
    for defendant: Leslie C. Abernathy, Solicitor, and Amy K. Radley Solicitor's Office, Cumming, for appellee.
    Case Number: A09A0196

    The arresting officer properly advised the defendant of her implied consent rights pursuant to O.C.G.A. § 40-5-67.1 g 2 B, he informed her that he was arresting her for DUI-less safe driver, and he

  • Celestin v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John R. Taylor, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A08A2365

    The defendant was alone in a motel room with paraphernalia commonly used to prepare crack cocaine, officers found 69 grams of powder cocaine in a jacket in the room and $524 in cash in a suitcase co

  • Nejad v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A08A1685

    Trial counsel was deficient for refusing to allow the defendant to testify and for not informing the defendant that he had a right to

  • Hillman v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert M. Bearden Jr., Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, Gregory W. Winters, Assistant District Attorney, and John A. Regan, District Attorney's Office, Macon, for appellee.
    Case Number: A08A1956

    The trial court did not abuse its discretion in striking for cause five jurors, all of whom had a relationship with the defe

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    State Antitrust Law

    Authors: William T. Lifland

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  • Griffin Indus. Inc. v. Green

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: L. Lin Wood Jr. and Katherine V. Hernacki Powell Goldstein LLP, Atlanta, for appellant.
    for defendant: . Michael B. Terry, Steven J. Rosenwasser and James D. Summerville Bondurant, Mixson & Elmore, Atlanta, for appellees.
    Case Number: A08A2121

    The trial court did not abuse its discretion in finding commonality based on the alleged emission of noxious odor from the defendants' rendering

  • Lee v. Georgia Power Co.

    Publication Date: 2009-03-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Abraham A. Sharony, Atlanta, for appellant.
    for defendant: M. Steven Heath Blasingame, Burch, Garrard & Bryant, Athens, for appellee.
    Case Number: A08A2291

    Absent a transcript of the voir dire proceedings, the trial court presumably did not abuse its discretion in refusing to strike for cause a prospective juror, who was a retired employee of the defen

  • Russell v. Barrett

    Publication Date: 2009-03-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Calvin D. Lowery, Fairburn, Linnes Finney Jr. and Mark Miller Gary, Williams, Finney, Lewis, Watson & Sperando, Stuart, Fla., for appellant.
    for defendant: Coy J. Johnson Jr., Robert D. Ware, Overtis H. Brantley County Attorney's Office, and Rolesia B. Dancy, Associate City Attorney, Atlanta, for appellees.
    Case Number: A08A1754

    The deputy sheriff, whose gun discharged and killed the plaintiff's infant son, was entitled to immunity, since her use of deadly force was a discretionary act and no evidence showed that she acted

  • Finnicum v. State

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Mark T. Phillips, Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Christopher S. Cohilas, Assistant District Attorney, Albany, for appellee.
    Case Number: A08A2011

    Miller v. State, 291 Ga. App. 478 2008 adversely decided the defendant's contention that O.C.G.A. § 42-1-12's registry requirements violate the state and federal constitutional prohibitions against

  • Smallwood v. State

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Alan Mullinax Alan Mullinax & Assocs. PC and Glynn R. Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Jimmie E. Baggett Jr., Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A08A2314

    The victim identified the de t as one of two men, who came out of his house, before he ordered them to the ground and called police, and police found guns stolen from the victim's home in the d