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  • Gower v. State

    Publication Date: 2012-02-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Charles E. W. Barrow, Athens, for appellant.
    for defendant: Layla H. Zon, District Attorney, and Clint C. Malcolm District Attorney's Office, Covington, for appellee.
    Case Number: A11A1505

    The defendant produced no affirmative evidence that, but for his counsel's alleged ineffective assistance, he would have insisted on going to

  • McIntee v. Deramus

    Publication Date: 2012-02-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Theodore H. Lackland Lackland & Assocs. LLC, Marietta, for appellant.
    for defendant: Clarence R. Johnson Jr., Atlanta, for appellee.
    Case Number: A11A2332

    The evidence supported the jury's finding that the defendant acted in concert with his co-conspirator in converting the plaintiff's $150K inves

  • Moore v. State

    Publication Date: 2012-01-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Sanford A. Wallack Jacobs King & Wallack LLC, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney, James A. Dooley, Assistant District Attorney, and Benjamin Von District Attorney's Office, Douglasville, for appellee.
    Case Number: A11A1537

    The affidavit supporting the defendant's motion to recuse the trial judge from presiding over his motion to suppress was legally insuffi

  • Cwikla v. State

    Publication Date: 2012-01-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Garry T. Moss, District Attorney, Cliff Head and Wallace W. Rogers Jr., Assistant District Attorneys, Canton, for appellee.
    Case Number: A11A1739

    In an aggravated child molestation case, the trial court did not abuse its discretion in failing to remove for cause a prospective juror then caring for a foster child who had been mol

  • Miller v. State

    Publication Date: 2012-01-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Rodney A. Williams, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Otobong O. Ukpong, Decatur, for appellee.
    Case Number: A11A2379

    Despite the more than 2-year delay, the defendant suffered no pretr carceration, experienced no undue anxiety or concern and could use a missing witness's cumulative testimony from his first t

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    Lancaster County & Berks County Court Rules 2023

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  • Sevostiyanova v. State

    Publication Date: 2012-01-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A11A1864; A11A1865

    The trial court did not err in failing to give the defendant's requested charge on the affirmative defense of accident, as she repeatedly denied striking the unattended vehicles in the parkin

  • Muhammad v. Allstate Ins. Co.

    Publication Date: 2012-01-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A11A1983

    The trial court did not err in entering summary judgment for the defendant insurer, since the plaintiff never had an insurable interest in the property covered by the homeowners policy at

  • Zywiciel v. Historic Westside Village Partners LLC

    Publication Date: 2012-01-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A11A1243; A11A1582

    An easement existed in a section of road running between arties' properties because both properties descended from same original subdivision described on the recorded plat, despite the fact tha

  • Zywiciel v. Historic Westside Village Partners LLC

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kwame L. Townes, Tucker, for Zywiciel. Kenneth W. Muhammad The Muhammad Firm, Smyrna, for Muhammad. Ernest L. Greer, Michael J. King Greenberg Traurig LLP, Hayden R. Pace Pace Law PC, and Michael E. Ross Taylor English Duma LLP, Michael P. Froman, Atlanta, for appellees.
    for defendant:
    Case Number: A11A1243; A11A1582

    An easement existed in a section of road running between arties' properties because both properties descended from same original subdivision described on the recorded plat, despite the fact tha

  • Dan J. Sheehan Co. v. The Fairlawn on Jones Homeowners Ass'n Inc.

    Publication Date: 2011-12-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: David M. Conner The Conner Law Group PC, Savannah, for appellant. Colby E. Longley, Mathew M. McCoy McCorkle & Johnson LLP, Margaret K. Clark Cole, Fleming & Clark, Elizabeth F. Thompson, Savannah, Elizabeth A. Frey Weinstock & Scavo PC, Louis R. Cohan Cohan Law Group LLC, and Joseph C. Sullivan Taylor English Duma LLP, Atlanta, for appellees.
    for defendant:
    Case Number: A11A1030; A11A1315

    Summary judgment was appropriate on plaintiff's foreclosure of lien claims, because a question of fact existed as to whether there was a contract or assent of the pa