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  • Jones v. O'Day

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: John D. Hocutt and George R. Neuhauser Nall & Miller LLP, Atlanta, for appellant.
    for defendant: Frederick N. Gleaton, Richard J. Baker Owen, Gleaton, Egan, Jones & Sweeney, Rachael A. Fuerst Weinberg, Wheeler, Hudgins, Gunn & Dial LLC and Robert P. White Buckley King, Atlanta, for appellee.
    Case Number: A09A1679

    The plaintiff failed to show a physical injury that affected his earning capacity from the defendant's alleged use of an incorrect procedure in performing vision correction su

  • Williams v. State

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Rachel D. Caputo, Public Defender, and Leonard M. Geldon, Assistant Public Defender, Dublin, for appellant.
    for defendant: Louie C. Fraser, District Attorney, and Robert B. Faircloth, Assistant District Attorney, Dublin, for appellee.
    Case Number: A09A1854

    The evidence was insufficient to support defendant's conviction for drug trafficking within 1,000 feet of public housing, because the state did not show that the defendant's residence was located w

  • Martinez v. State

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Carole Cox, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A09A1687

    Their collective knowledge authorized the officers' warrantless search of the pickup truck in which the defendant was riding as a passenger to the prearranged location for a controlled buy of two po

  • Turner Broadcasting System Inc. v. David McDavid

    Publication Date: 2010-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James A. Lamberth Troutman Sanders, Atlanta, and Thomas G. Hungar Gibson, Dunn & Crutcher LLP, Washington, D.C., for appellant.
    for defendant: Steven J. Rosenwasser, Joshua F. Thorpe and Jill Pryor Bondurant Mixson & Elmore, Atlanta, for appellee. Other party representation: Hugh B. McNatt Balch & Bingham and Jeffrey J. Swart Alston & Bird LLP, Atlanta.
    Case Number: A09A2314

    There was sufficient evidence for the jury to find an enforceable oral contract, since the defendant made many objective manifestations of intent to be bound, including statements such as we have a

  • Martinez v. State

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Timothy L. Eidson, Public Defender, Cordele, for appellant.
    for defendant: Plez H. Hardin, District Attorney, and Daniel P. Bibler, Assistant District Attorney, Americus, for appellee.
    Case Number: A09A1608

    The trial court erred in failing to give a jury charge on the principle of circumstantial evidence, because the evidence against defendant was entirely circumstantial and the evidence of his guilt

  • Law Journal Press | Digital Book

    Florida Evidence and Procedure 2019

    Authors: Patrick S. Montoya, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez, Ervin A. Gonzalez

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  • Aequicap Ins. Co. v. Canal Ins. Co.

    Publication Date: 2010-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Don Smart Smart & Harris and Monica B. Patel, Savannah, for appellant.
    for defendant: Robert W. Browning Gilliland, Ratz & Browning, Atlanta, Douglas L. Gibson, Waycross, and Adam Ferrell, Blackshear, for appellees
    Case Number: A09A2382

    A MCS-90 endorsement, attached to a transport company's insurance policy, covered the underlying plaintiff's damages claim arising from the injuries he sustained in an accident involving a tractor-

  • State v. Parrish

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Joseph K. Mulholland, District Attorney, and William J. Hunter, Assistant District Attorney, Bainbridge, for appellant.
    for defendant: Hoyle McLendon III Public Defender's Office, Bainbridge, for appellee.
    Case Number: A09A2173

    Defendant's wife's authority to consent to a police search did not extend to defendant's locked gun ca

  • Head v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Douglas C. Vassy, Solicitor General, Carrollton, for appellee.
    Case Number: A09A2039

    The evidence was insufficient to support the defendant's DUI-less safe conviction, because the state did not show that the presence of a cocaine metabolite and Alprazolam in the defendant's blood r

  • Perez v. Atlanta Check Cashers Inc.

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: John M. Gross, Corey N. Cutter Taylor English Duma LLP, Atlanta, Kimberly N. Martin, and Thomas F. Martin Martin & Martin LLP, Tucker, for appellant.
    for defendant: Harvey S. Gray, Michael D. St. Amand Gray, Rust, St. Amand, Moffett & Brieske, Robert M. Darroch, Summer J. Hughes Goodman, McGuffey, Lindsey & Johnson LLP, Atlanta, and Jonathan A. Weintraub, Decatur, for appellees.
    Case Number: A09A2114

    The trial court did not abuse its discretion in denying class certification to the plaintiff, because some evidence supported the trial court's determination that individual factual issues would pre

  • State v. Neese

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Daniel J. Porter, District Attorney, and Jennifer M. Taylor, Assistant District Attorney, Lawrenceville, for appellant.
    for defendant: Marvin P. Hicks III The Hicks Law Firm, Lawrenceville, for appellee.
    Case Number: A09A2188

    A police officer's search of a small handheld flashlight contained in defendant's backpack exceeded the scope of the defendant's consent, because the police officer did not inform the defendant that