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  • Creeden v. Fuentes

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Clare Michaud and David F. Root Carlock, Copeland & Stair LLP, Atlanta, for appellant.
    for defendant: . Marvin A. Devlin, Jacob S. Eby Devlin & Robinson PC, Atlanta, Jeffrey A. Daxe Moore, Ingram, Johnson & Steele LLP, Marietta, and Debra A. Rickles, Duluth, for appellee.
    Case Number: A08A2331

    The plaintiff's statutory employer was immune from suit for injuries the plaintiff suffered while working at a construction

  • In the Interest of M. W.

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Stephanie D. Burton and Steven M. Harrison Public Defender's Office, Eastman, for appellant.
    for defendant: . Timothy G. Vaughn, District Attorney, and Russell P. Spivey, Assistant District Attorney, Eastman, for appellee.
    Case Number: A08A2257; A08A2258

    The victims, a team leader and the program manager of the Middle Georgia Wilderness Program, which houses youth committed to the state, were legally authorized persons lawfully discharging their du

  • Paul v. State

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: George R. Wright Wright & Hyman, Cordele, for appellant.
    for defendant: Denise D. Fachini, District Attorney, and Barbara A. Becraft, Assistant District Attorney, Cordele, for appellee.
    Case Number: A08A2058

    The trial court did not abuse its discretion in excusing for cause a prospective juror, who attended high school with the defendant, and stated that she was unsure of whether she could set aside the

  • AgriCommodities Inc. v. J. D. Heiskell & Co. Inc.

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John T. Garcia, Evans, for appellant.
    for defendant: Andrew M. Magruder Wilkinson & Magruder LLP, Augusta, for appellee.
    Case Number: A08A2169

    No contract for a commodities purchase of cottonseed existed between parties, since there was no mutu

  • Deloatch v. State

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Stacey Flynn, Assistant Pub. Defender, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Andrea A. Newton District Attorney's Office, Newnan, for appellee.
    Case Number: A08A2436

    The state violated the defendant's Sixth Amendment right to confrontation when it placed before the jury the content of two similar transaction co-defendant's statement implicating the defendant in

  • Law Journal Press | Digital Book

    New York Attorney Discipline: Practice and Procedure 2024

    Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager

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  • In the Interest of R. S.

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Frederick S. Jones, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, Sandra G. Rivers and Mary E. Evans-Battle, Assistant District Attorneys, McDonough, for appellee.
    Case Number: A08A2401; A08A2402

    The victim identified the first juvenile at trial at the one, who acted as a lookout, while the other juvenile put a gun to the victim's chest, took cash from the gas station's cash drawer and opene

  • Harris v. State

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael R. McCarthy, Public Defender, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and John S. Helton, Assistant District Attorney, Dalton, for appellee.
    Case Number: A08A2167

    A riding lawn mower is a self-propelled vehicle within the definition of O.C.G.A. § 40-1

  • Wilcox v. State

    Publication Date: 2009-02-13
    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

  • Durham v. State

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael S. Marr, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Wesley C. Ross District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A08A2220

    The defendant's statement that he intended to enter the victim's apartment to get money, combined with a witness's testimony that she heard the defendant and his brother discuss entering the apartme

  • State v. Guyton

    Publication Date: 2009-02-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert D. James Jr., Solicitor General, Alvera A. Riley, Assistant Solicitor General, and Christopher W. Timmons Solicitor General's Office, Decatur, for appellant.
    for defendant: Howard J. Weintraub, placeCityAtlantafor appellee.
    Case Number: A09A0142

    The trial court did not clearly err in ruling that the arresting officer lacked probable cause to stop Guyton's ve