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  • Dawson v. State

    Publication Date: 2010-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Gerard Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A09A2271

    Defendant's ineffective assistance of post-conviction counsel claim was barred because he failed to raise the issue after being granted an out of time appeal and new counsel was appo

  • Banks v. Echols

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Eunice Banks, Morrow, proceeded pro se. Ted N. Echols and John D. Blair Echols Law Group PC, Stockbridge, for appellees.
    for defendant:
    Case Number: A09A2200

    The trial court erred in granting summary judgment to the appellee without p y considering the evidence to determine if foreclosure was p

  • McIntyre v. State

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Drew W. Powell, Public Defender, Clarkesville, for appellant.
    for defendant: Brian M. Rickman and Richard K. Bridgeman, District Attorneys, Toccoa, for appellee.
    Case Number: A09A2295

    The evidence was sufficient to support the defendant's child molestation convi

  • Jackson v. Nemdegelt Inc.

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Kirby Clements Jr. The Clements Law Group, Decatur, for appellant.
    for defendant: Sherwin P. Robin Reynolds & Robin PC and Corinne A. McIntosh Bouhan, Williams & Levy LLP, Savannah, for appellee.
    Case Number: A09A2131

    The debtor's objection to venue did not automatically stay the proceedings so as to excuse her duty to respond to the assignee's discovery req

  • Sosebee v. State

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Michael R. McCarthy, Circuit Public Defender, and Benjamin D. Goldberg, Assistant Public Defender, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, Dalton, and Barry S. Minter, Assistant District Attorney, Chatsworth, for appellee.
    Case Number: A09A2282

    The trial court erred in denying the defendant's motion to suppress, because the state failed to produce evidence that the search of the defendant's hotel room, which uncovered a firearm, was conduc

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  • Grant v. State

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Tina E. Maddox, Vidalia, for appellant.
    for defendant: John T. Durden Jr., District Attorney, and Joe G. Skeens, Assistant District Attorney, Hinesville, for appellee.
    Case Number: A09A1727

    The trial court erred in admitting similar transaction evidence without first determining whether the state met its burden in showing that the previous incident was admitted for an appropriate purpo

  • Bryant v. Golden

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Christopher D. Britt Savage, Turner, Pinson & Karsman, Savannah, for appellant.
    for defendant: Thomas C. James III, G. Grant Greenwood James, Bates, Pope & Spivey, Macon, and Thomas J. Ratcliffe Jr. Ratcliffe & Smith, Hinesville, for appellees.
    Case Number: A09A1818

    An accountant's conduct in failing to timely file tax return did not rise to the level of fraud so as to toll the statute of limitation period, because no evidence showed that the accountant intent

  • Katz v. Crowell

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Stephen M. Katz The Katz Law Group, Marietta, for appellant.
    for defendant: Taylor W. Jones and Richard E. Harris Jones, Jensen & Harris, Atlanta, for appellee.
    Case Number: A09A1879

    The Court of Appeals assessed a frivolous appeal penalty against an attorney because there was no reasonable basis for reversal of the trial court's jud

  • Mann v. Hardaway

    Publication Date: 2010-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: William T. Casey Jr. Hicks, Casey & Barber PC, Marietta, for appellant.
    for defendant: Benjamin H. Terry, Peachtree City, for appellees.
    Case Number: A09A1828

    Because trustee took an inconsistent position from the previous action against insurer, had persuaded a court to accept the prior inconsistent position, and would derive a benefit and unfair advanta

  • McKenzie v. State

    Publication Date: 2010-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jermain B. McKenzie, Garden City, proceeded pro se. Richard R. Read, District Attorney, and Roberta A. Earnhardt, Senior Assistant District Attorney, Conyers, for appellee.
    for defendant:
    Case Number: A09A1972

    The defendant's firearms conviction did not merge, because the legislature intended it to be a separate of