• Ansley v. State

    Publication Date: 2013-12-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A13A1078; A13A1079; A13A1303

    The defendants' motions to suppress documentary and testimonial evidence were properly denied in their joint trial for armed ro

  • Sauls v. State

    Publication Date: 2013-11-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Matthew C. Krull, Brian Fortner, Solicitors General, and Sherrill Britt Solicitor General's Office, Douglasville, for appellee.

    Case Number: A11A1859

    The officer's omission of the sentence, "Your refusal to submit to the required testing may be offered into evidence against you at trial," from the implied consent notice violated O.C.G.A. § 40-5-6

  • Center for a Sustainable Coast Inc. v. Turner

    Publication Date: 2013-11-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A13A1487; A13A1488

    An environmental group lacked standing to appeal an order regarding the construction of a bulkhead in a salt-water marsh area in violation of the Erosion and Sedimentation Act of 1975, based on its

  • Cheeks v. State

    Publication Date: 2013-11-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Thomas Robinson Robinson & Associates, Snellville, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Arthur Walton, Assistant District Attorney, Atlanta, for appellee.

    Case Number: A13A1527

    Defense counsel's failure to object to the State's repeated questions and comments regarding the defendant's silence and failure to turn himself in to police was harmful to the trial outcome and req

  • Dennis v. City of Atlanta

    Publication Date: 2013-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Samuel Starks Martin & Jones, Atlanta, for appellant.
    for defendant: Eric Richardson and Torrey Smith City of Atlanta, Atlanta, for appellee.

    Case Number: A13A0909

    Enforcing a release to bar the plaintiff's claims did not violate public policy, as Georgia law allows a party to release another from liability for future conduct and unknown claims if, as here, su

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  • Bulloch Cnty. Sch. Dist. v. Georgia Dep't of Educ.

    Publication Date: 2013-11-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Charles Aaron and Gerald Edenfield Edenfield, Cox, Bruce & Classens PC, Statesboro, for appellant.
    for defendant: Samuel S. Olens, Attorney General, Stefan Ritter, Senior Assistant Attorney General, and Kelly Campanella Attorney General's Office, Atlanta, for appellee. Other party representation: T. Joshua R. Archer, Michael Bowers, Joshua Moore Balch & Bingham LLP, Thomas Cox Carlock, Copeland & Stair LLP, Bruce Brown, Atlanta, Santana Flanigan, Andrew J. Welch III Smith, Welch, Webb & White LLC, McDonough, and Timothy Shepherd, Griffin.

    Case Number: A13A0970

    The school district's claim for the disgorgement of funds from the State amounted to an action for money had and received or unjust enrichment, and sovereign immunity bars such ac

  • Leopold v. State

    Publication Date: 2013-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: James Bonner and Tyler Conklin Georgia Public Defender Standards Council, Atlanta, for appellant.
    for defendant: Layla Zon, District Attorney, and Elizabeth Grofic District Attorney's Office, Covington, for appellee.

    Case Number: A13A1271

    The trial court erred in denying the defendant's claim that his constitutional right to a speedy trial was violated without making the proper findings of

  • Luke v. State

    Publication Date: 2013-11-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Kevin Armstrong, Assistant Public Defender, Albany, for appellant.
    for defendant: Gregory Edwards, District Attorney, and Matthew Breedon, Assistant District Attorney, Albany, for appellee.

    Case Number: A13A0657

    The defendant was entitled to a mistrial when the prosecutor stated in closing argument that the co-defendant was at an earlier gang-related shooting in another public place, since that was a matter

  • Duncan v. Mughelli

    Publication Date: 2013-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Lisa West The West Firm, Atlanta, for appellant.
    for defendant: Lawrence Kupferman, Atlanta, and Shawna Woods The Siemon Law Firm, Cumming, for appellee.

    Case Number: A13A0890

    The trial court did not improperly modify the terms of a custody order by requiring the appointment of a parenting coordinator and ordering certain language regarding visitation stricken from the ar

  • City of Tybee Island, Georgia v. Live Oak Grp. LLC

    Publication Date: 2013-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff:
    for defendant:

    Case Number: A13A1570; A13A1617

    The plaintiff failed to set forth an inverse condemnation claim arising from the denial of its application to amend the building standards applicable to its pro