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  • Dove v. Ty Cobb Healthcare Sys. Inc.

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Thomas M. Strickland, Watkinsville, for appellant. John A. Dickerson McClure, Ramsay, Dickerson & Escoe LLP, Toccoa, for appellee.
    for defendant:
    Case Number: A10A0282

    The 2-year statute of limitation barred the plaintiff's claims for acts that occurred prior to May 22,

  • Smith v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: William M. Peterson, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Venita S. McCoy, Assistant District Attorney, Perry, for appellee.
    Case Number: A10A0316

    Defense counsel reasonably chose to avoid the repetition of testimony reflecting that the defendant had actual, physical possession of the drugs officers found in the vehicle in which he was sitting

  • Faulkner v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Daniel A. Summer Summer & Summer, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, and Alison W. Toller, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A10A0183

    The enhanced images of a videotape depicting the drug sale in question did not support the defendant's mistaken identity

  • Lewis v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Glynn R. Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Richard A. Vandever, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A10A0045

    The defendant could not claim surprise at the indictment's obvious error in the date of the child cruelty charge, since the victim had been deceased for nearly one month prior to the July 7, 2008, d

  • Arellano v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A0068

    The defendant failed to show that a reasonable probability existed that his trial's outcome would have differed, had defense counsel objected to the interviewing detective's improper testimony regar

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  • Craig v. Bailey Bros. Realty Inc.

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Ronald L. Cundy Rumsey & Ramsey, Atlanta, for appellant.
    for defendant: George L. Welborn Downey, Cleveland, Parker & Williams, Marietta, for appellee.
    Case Number: A10A0309

    The injured 10-year-old girl was a trespasser upon the defendant's property as a matter of law, and a landowner does not owe a duty to trespassers to keep the premises in a safe cond

  • Williams v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James D. Lamb, Columbus, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A10A0115

    The defendant's movement of the victims from a bank office to the floor of the main lobby was an inherent part of an armed robbery, occurred during and incidental to the armed robbery, and did not

  • Trujillo v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Kevin J. Wilson, Canton, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Katherine I. Terry, Assistant District Attorney, Canton, for appellee.
    Case Number: A10A0338

    Officers found the defendant in the victims' basement in possession of one victim's panties, garter belt and stoc

  • Bowen v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Meredith G. Brasher, Assistant Public Defender, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Laura A. Wood, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A10A0769

    The defendant repeatedly contacted the victim via letters, phone calls and messages through her friends, in violation of a permanent restraining

  • McClam v. State

    Publication Date: 2010-07-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James C. Bonner Jr. Georgia Public Defender Standard's Council, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A0197

    The defendant was not entitled to a reduced sentence, after the state declined his unilateral, unsolicited offer to testify against a fellow i