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  • Mora v. State

    Publication Date: 2009-02-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Louis M. Turchiarelli, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Maurice Brown and John R. Edwards, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A08A1653

    Evidence that the defendant had intercourse with the scared, crying 12-year-old after he grabbed her hands, threw her on the sofa and warned her that he would run her out of the apartment, if she to

  • placeCityDavis v. State

    Publication Date: 2009-02-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jennifer E. Hildebrand, LaFayette, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, and Elizabeth O. Evans, Assistant District Attorney, LaFayette, for appellee.
    Case Number: A08A2302

    Since the defendant could have been sentenced to 150 years without the possibility of parole, withdrawal of his negotiated plea of 20 years to serve followed by 20 years on parole was not necessary

  • State v. Culpepper

    Publication Date: 2009-01-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jewel C. Scott, District Attorney, and Anece Baxter, Assistant District Attorney, Jonesboro, for appellant.
    for defendant: Walter M. Chapman, Jonesboro, for appellee.
    Case Number: A08A2089

    Exigent circumstances did not justify the officers' warrantless search of the defendant's apar

  • Mohammed v. State

    Publication Date: 2009-01-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William P. Nash Jr., Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Stacey S. Jackson, Assistant District Attorney, Columbus, for appellee.
    Case Number: A08A1601

    Defense counsel was not deficient for failing to file a futile objection to the photographic li

  • Morris v. State

    Publication Date: 2009-01-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ricky W. Morris Jr. Sexton, Key & Hendrix PC, McDonough, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant Attorney General, Atlanta, and Lorie A. Moss, Special Assistant Attorney General, Cartersville, for appellee.
    Case Number: A08A2243

    The juvenile court erred in failing to weigh the evidence and applying an erroneous per se rule, which has no place in an adjudication of con

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    Allegheny County and Westmoreland County Court Rules 2024

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  • Whitehead v. State

    Publication Date: 2009-01-30
    Practice Area:
    Industry:
    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 state showed that the defendant had supervisory authority over the victim, since he was a teacher advisor to the school's Quiz Bowl team and the victim was a Quiz Bowl partic

  • Theophile v. State

    Publication Date: 2009-01-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Barbara B. Claridge, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A08A1711

    The trial court did not err in refusing to allow an alibi witness to testify, since the defendant failed to disclose the witness to the state in a timely fashion and some evidence showed the defens

  • Asset Acceptance LLC v. Wheeler

    Publication Date: 2009-01-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James T. Freaney Frederick J. Hanna & Assocs. PC, Marietta, for appellant.
    for defendant: Stephanie L. Wheeler, Commerce, proceeded pro se.
    Case Number: A08A2410

    The trial court properly vacated an arbitration award, which was issued into a hearing and without prior n

  • Wilks v. Overall Constr. Inc.

    Publication Date: 2009-01-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Van C. Wilks, Carrollton, for appellant.
    for defendant: Kevin J. Wilson Ballinger & Assocs., Canton, for appellees.
    Case Number: A08A2077

    The 6-year statute of limitation for simple con barred the plaintiff's suit for breach of a construction con

  • JJM Trucking Inc. v. Caterpillar Fin. Servs. Corp.

    Publication Date: 2009-01-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Douglas R. Ballard Jr. Fears, Lawrence & Turner PC, Jackson, for appellant.
    for defendant: . Matthew A. Bryan and Gary M. Wisenbaker Wisenbaker Law Offices PC, Savannah, for appellee.
    Case Number: A08A1706

    The defendants could not contest their admitted facts, since they failed to enumerate as error the trial court's order denying their motion to withdraw their admis