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  • Brinkley v. State

    Publication Date: 2010-01-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, James E. Barker and James A. Dooley, Assistant District Attorneys, Douglasville, for appellee.
    Case Number: A09A1652

    The trial court erred in considering inadmissible evidence of an alleged prior conviction in aggravation of punis

  • Steed v. Federal National Mortgage Corp.

    Publication Date: 2010-01-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Ellery Steed, Atlanta, proceeded pro se. Paul G. Wersant Morris, Schneider & Prior LLC, George E. Duncan Jr. and Jennifer C. Adair Duncan & Adair PC, Atlanta, for appellant.
    for defendant:
    Case Number: A09A1634

    The trial court properly granted summary judgment to the defendants in the plaintiff's suit alleging wrongful eviction from the upstairs and downstairs units of his former home, which the defendant

  • Cates v. Jamison

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Verne J. Edwards, Atlanta, for appellant.
    for defendant: John S. Husser, Rome for appellee.
    Case Number: A09A1938

    O.C.G.A. § 19-7-3 c requires a determination of whether visitation with grandparents is in the child's best int

  • Henry v. State

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Ronald R. Parker, Assistant Public Defender, Bainbridge, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and William J. Hunter, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A09A2150

    The state proved that the defendant sold cocaine within 1K feet of a public housing pr

  • Haywood v. State

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Ronald R. Parker, Bainbridge, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and Charles E. Rooks, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A09A1989

    The arresting officer seized 15.59 grams of marijuana and 17.82 grams of cocaine from the defendant'

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    New York Attorney Discipline: Practice and Procedure 2024

    Authors: Hal R. Lieberman, J. Richard Supple, Jr., Harvey Prager

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  • Flemming v. State

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Edward P. Dettmar Georgia Public Defenders Standard Council, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Rosemary M. Greene, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A09A1580

    The defendant did not show that the outcome of his trial would have differed if defense counsel filed a pretrial motion to have a male informant's remark on a portion of the audiotape of the control

  • Vaughhn v. State

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Alicia C. Gant, Assistant District Attorney, McDonough, for appellee.
    Case Number: A09A1830

    The defendant came into the 12-year-old victim's bedroom while she was sleeping and digitally penetrated her genital area on several occa

  • Pyburn v. State

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Grayson P. Lane Brunswick Circuit Defender's Office, Brunswick, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, and Charles K. Higgins, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A09A1486

    The defendant had a sexual relationship with his biological and adoptive daughter, which resulted in five chi

  • Tyson v. State

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Kevin Kwashnak Public Defender's Office, Americus, for appellant.
    for defendant: Plez H. Hardin, District Attorney, Americus, for appellee.
    Case Number: A09A1463

    The trial court did not err in modifying the probationary portion of the defendant's sentence by imposing a condition banishing the defendant from the subdivision where he committed the burglaries i

  • Martinez v. Martinez

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jonathan P. Waters, Macon, for appellant.
    for defendant: James E. Patterson Westmoreland, Patterson & Moseley LLP, Macon, for appellee.
    Case Number: A10A0248

    Absent a transcript, the trial court presumably did not err in rejecting the mother's claims that she did not assent to the terms of her divorce settlement agreement pertaining to child custody and