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  • Kohler v. State

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Roger L. Curry, Marietta, for appellant.
    for defendant: Fred A. Lane Jr., District Attorney, and Anthony Volkodav Jr., Chief Assistant District Attorney, Dallas, for appellee.
    Case Number: A09A0834

    Evidence of the marijuana seized during the search of the residence and incident to the defendant's arrest, was properly admissible as part of the res g

  • Ramos-Silva v. State Farm Ins. Co.

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Russell B. Davis and Mary E. Priest Downey & Cleveland LLP, Marietta, for appellant.
    for defendant: Candace M. Boutwell, Lawrenceville, for appellee.
    Case Number: A09A1209

    The subrogation right granted by OCGA § 33-7-11f survives the execution of a limited release executed pursuant to OCGA § 33-24

  • Souder v. State

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Charles H .Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A09A1509

    The handgun and car key seized from the defendant's person at the time of his a were discovered during a search incident to a lawful a

  • Jerkins v. Jerkins

    Publication Date: 2009-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: J. Hue Henry, Athens, for appellant.
    for defendant: David R. Montgomery Hudson & Montgomery PC, Athens, for appellee.
    Case Number: A09A1393

    A proper foundation was laid for the closing attorney to read a letter to the jury as a past recollection recorded, since the attorney's testimony established that he memorialized the conversation w

  • Davis v. State

    Publication Date: 2009-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Lawrence W. Daniel, Atlanta, for appellant.
    for defendant: Brian K. Fortner, Solicitor General, and Evelyn Proctor, Assistant Solicitor General, Douglasville, for appellee.
    Case Number: A09A1004

    The defendant admitted smoking marijuana prior to the officer's ar

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  • Saxton v. State

    Publication Date: 2009-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Stephany J. Luttrell, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A09A1125

    The circumstances surrounding the defendant's arrest were inadmissible because they were wholly unrelated and remote in time to the charged c

  • In the Interest of I. C.

    Publication Date: 2009-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jimmonique R. Rodgers Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Mary E. Evans-Battle, Assistant District Attorney, McDonough, for appellee.
    Case Number: A09A1439

    The juvenile shot his BB gun at a family and the doctrine of transferred intent ensured that the juvenile's original intent transferred to the v

  • State v. Canup

    Publication Date: 2009-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Robert W. Lavender, District Attorney, Hartwell, and Adam C. Schroeder, Assistant District Attorney, Elberton for appellant.
    for defendant: Warren C. Caswell, Danielsville, for appellee.
    Case Number: A08A1924

    No provision in Georgia law authorizes a trial court to entertain a motion for j.n.o.v. in a criminal

  • Flewelling v. State

    Publication Date: 2009-11-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Herman M. Kilgore, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Maurice Brown and Amelia G. Pray, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A09A1100

    The detective's oral testimony, identifying the victim as the source of information, was sufficient to supplement the written affidavit in support of the search wa

  • Morrison v. State

    Publication Date: 2009-10-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Lee Darragh, District Attorney, and Lindsay H. Burton, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A09A1253

    The defendant's convictions in three prior drug transaction offenses involving the sale of $20 worth of crack cocaine to undercover officers or informants during drug investigations in the same neig