• Smith v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Marcy A. Jolles UGA Legal Aid & Defender Clinic and Benjamin A. Pearlman University of Ga. School of Law, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Brian V. Patterson, Assistant District Attorney, Athens, for appellee.

    Case Number: A04A0313

    The amendment to the accusation charging the defendant with felony theft by shoplifting and misdemeanor theft by receiving did not constitute the commencement of a new prosecution and defendant's p

  • Daniel v. State

    Publication Date: 2005-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Joseph W. Jones Jr., Greenville, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Robert N. Peterkin, Assistant District Attorney, Greenville, for appellee.

    Case Number: A05A1093; A05A1094

    The victims corroborated the accomplice's testimony regarding the defendant's participation in three burgl

  • Colon v. State

    Publication Date: 2005-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: W. Keith Barber, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and Keith A. McIntyre, Assistant District Attorney, Statesboro, for appellee.

    Case Number: A05A1125

    The presence of a prosecutor during grand jury deliberations and voting is improper, compromises key elements of the grand jury process and is harmful as a matter o

  • Castleberry v. State

    Publication Date: 2005-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Graham McKinnon IV Fox, Chandler, Homans, Hicks & McKinnon, Gainesville, for appellant.
    for defendant: Jason J. Deal, District Attorney, James v. Branch and Norris S. Lewis Jr., Assistant District Attorneys, Gainesville, for appellee.

    Case Number: A05A1532

    The officer was not authorized to reach into the defendant's pocket and retrieve a "hard" object that he could not identify as a w

  • Stone v. Williams Gen. Corp.

    Publication Date: 2005-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: William W. White Dwyer & White, Atlanta, for appellant.
    for defendant: . Paul E. Andrew Andrew, Merritt, Reilly & Smith, Lawrenceville, for appellee. Other party representation: William S. Stone, Blakely, Antoinette D. Johnson and Arthur W. Leach, Atlanta.

    Case Number: A03A1813

    The trial court correctly charged the jury that the burden of proof on a RICO claim was a preponderance of the evi

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    Winning at Trial: Insights from the Bench and Leading Litigators

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  • Swanson v. Hall

    Publication Date: 2005-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Richard C. Foster Hicks, Casey & Barber PC, Marietta, for appellant.
    for defendant: . Frank E. Jenkins III Jenkins & Nelson, Cartersville, for appellees.

    Case Number: A05A1219

    Some evidence supported the jury charges on racing and speeding in the plaintiffs' personal injury and wrongful death action arising out of a 3-vehicle coll

  • Hall v. State

    Publication Date: 2005-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert H. Alexander III, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Grady A. Moore and Amelia G. Pray, Assistant District Attorneys, Marietta, for appellee.

    Case Number: A05A1168

    Although the defendant was 16 at the time of the crime, his counsel's failure to petition to have his case transferred to juvenile court did not constitute ineffective assistance, because armed robb

  • Tidikis v. Network for Med. Communications & Research LLC

    Publication Date: 2005-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Dorothy Y. Kirkley and Thomas L. Hawker Kirkley & Hawker LLC, Atlanta, for appellant.
    for defendant: Stephen X. Munger and L. Dale Owens Jackson Lewis LLP, Atlanta, for appellees.

    Case Number: A05A0456

    The plaintiff did not completely fail to state a cause of action for breach of fiduciary duty in his wrongful te ion action, even though his employment contract gave his employer the right to t

  • McGowan v. Progressive Preferred Ins. Co.

    Publication Date: 2005-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James E. Butler Jr., Jason L. Crawford, James C. Fuller Butler, Wooten, Fryhoffer, Daugherty & Sullivan LLP, Gary O. Bruce, Columbus, and Jonathan H. Waller, Birmingham, Ala., for McGowan. Tony G. Powers, Kimberly L. Myers Rogers & Hardin, Atlanta, for Dasher. John A. Chandler, Thomas M. Byrne, Teresa W. Roseborough, Kristin B. Wilhelm Sutherland, Asbill & Brennan LLP, and Russell S. Bonds, Atlanta, for Walker. Alan W. Loeffler, Herbert D. Shellhouse, Wesley B. Tailor Troutman Sanders LLP, John L Watkins, David N. Stern McKenna, Long & Aldridge LLP, Atlanta, for Progressive Preferred Ins. Co. Other party representation: Patrick E. Gibbs Latham & Watkins LLP, Menlo Park, Calif. Mark S. Mester, Julie D. Bailey, Paula W. Render and Kenneth G. Schuler, Chicago, Ill.
    for defendant:

    Case Number: A05A0726; A05A1077; A05A1090

    A court-ordered appraisal of the plaintiffs' totaled cars mooted their claims that an appraisal service that their i s used provided flawed and inaccurate valuations of their vehicles to their

  • Department of Transp. v. Meadow Trace Inc.

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Atlanta, R. David Syfan and Thomas L. Fitzgerald Hulsey, Oliver & Mahar, Gainesville, for appellant.
    for defendant: Frank Armstrong III Stewart Melvin & Frost LLP, Gainesville, T. Michael Tennant Alston & Bird, Tim Carssow and Ian Landgreen Kilpatrick Stockton LLP, Atlanta, for appellees.

    Case Number: A04A1353

    A condemned parcel of property in Hall county continues to have a right of access to Highway 129, since a notation in the property's plat of "Req'd R/W & L.A.," without definition or explanation