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  • Metro Land Holdings Investments LLC v. Bank of America NA

    Publication Date: 2011-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Philip R. Green King & Spalding LLP and John A. Christy Schreeder, Wheeler & Flint, Atlanta, for appellant.
    for defendant: Thomas E. Reilly and Claiborne B. Smith Troutman Sanders LLP, Atlanta, for appellee.
    Case Number: A11A1285

    The trial court was entitled to believe the creditor's expert's opinion that the fair market value of one property on the date of the foreclosure sale was lower than his initial written appraisal d

  • Leone v. Green Tree Servicing LLC

    Publication Date: 2011-09-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kyunna S. Leone, Whitesburg, proceeded pro se. Robert J. Solomon Kenney, Solomon & Medina PC, Duluth, for appellee.
    for defendant:
    Case Number: A11A1482

    The Court assessed a $1K frivolous appeal penalty against the plaintiff debtor for attempting to abuse the judicial system in an effort to avoid her contractual obliga

  • Riley v. State

    Publication Date: 2011-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, and Nedal S. Shawkat District Attorney's Office, Douglasville, for appellee.
    Case Number: A11A1302

    The trial court did not abuse its discretion under the circumstances in allowing the state to reopen the evidence to tender a photo of a thug life tattoo on the defendant'

  • Roseborough v. State

    Publication Date: 2011-09-02
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert R. McLendon IV, Blakely, for appellant.
    for defendant: Thomas C. Earnest, District Attorney, and Mark C. Post, Assistant District Attorney, Cuthbert, for appellee.
    Case Number: A11A1455

    The defendant failed to establish a reasonable probability that, but for his trial counsel's alleged errors, he would have proceeded to trial rather than entering a plea of guilty to child molest

  • Strickland v. State

    Publication Date: 2011-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Long D. Vo, Atlanta, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A11A1041

    Even if a detective's testimony improperly bolstered the aggravated sodomy victim's credibility, the defendant failed to show a reasonable probability that it so prejudiced his defense as to affect

  • Law Journal Press | Digital Book

    Wrongful Use of Civil Proceedings and Related Torts in Pennsylvania, Second Edition

    Authors: George Bochetto, David P. Heim, John A. O’Connell, Robert S. Tintner

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  • Rogue v. State

    Publication Date: 2011-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jean C. Sperling-Cavallero Campano & Associates, Chamblee, and George H. Law III Whitmer and Law, Gainesville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Christa L. Kirk District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A11A1373

    The record supported the trial court's conclusion that the defendant voluntarily consented to the arresting officer's search of his wallet in which the officer found co

  • Boller v. Robert W. Woodruff Arts Ctr., Inc.

    Publication Date: 2011-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Alison B. Prout and Michael B. Terry Bondurant Mixson & Elmore, Atlanta, for appellant.
    for defendant: Robert P. White Casey Gilson PC, Atlanta, for appellee.
    Case Number: A11A0899

    A person is under no duty to rescue another from a situation of peril, which the former has not caused, even when the peril is forese

  • Brown v. State

    Publication Date: 2011-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Edgar A. Callaway Jr., Conyers, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Milledgeville, and Alison T. Burleson, Assistant District Attorney, Madison, for appellee.
    Case Number: A11A1151

    Evidence that officers seized a plastic bag of cocaine from the trunk of the defendant's vehicle, supported his conviction for possessing cocaine with intent to distr

  • Ivy Rd. Properties LLC v. First Citizens Bank and Trust Co.

    Publication Date: 2011-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Debbie A. Wilson Schreeder Wheeler & Flint and Cory S. Menees Troutman Sanders LLP, Atlanta, for appellant.
    for defendant: . Mathew A. Schuh Busch Slipakoff & Schuh LLP, Atlanta, for appellee.
    Case Number: A11A1261

    The appellee sufficiently established the true market value of a 34.89-acre tract of land in unincorporated Cobb county, which the appellee purchased at a nonjudicial foreclosure sale for $1,533,000

  • Washington v. State

    Publication Date: 2011-08-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Martin H. Eaves, Waycross, for appellant.
    for defendant: Richard E. Currie, District Attorney, and Michelle C. McIntire, Assistant District Attorney, Waycross, for appellee.
    Case Number: A11A1209

    The evidence supported the defendant's convictions arising from two home invasions, as the victims provided direct testimony and their credibility was a matter to be resolved by the