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  • Hewell v. Trover

    Publication Date: 2012-03-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Erik H. Olson The Olson Law Firm LLC, Atlanta, for appellant.
    for defendant: . Wade K. Copeland Carlock, Copeland & Stair LLP, Atlanta, for appellees.
    Case Number: A11A2076

    The trial court did not abuse its discretion in excluding certain testimony, as the plaintiffs did not disclose the proffered expert testimony in pretrial discovery and declined the trial court's o

  • Pistacchio v. Frasso

    Publication Date: 2012-02-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Richard J. Capriola and Eric B. Coleman Winter Capriola Zenner LLC, Atlanta, for appellant.
    for defendant: . Dana B. Miles and Wendy W. Kraby Miles Patterson Hansford Tallant LLC, Cumming, for appellee.
    Case Number: A11A2301

    The appellants failed to rebut the presumption that the nearly 3-month delay in filing the transcript was unreasonable and inexcu

  • Royal v. State

    Publication Date: 2012-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: William E. Callaway Jr. and William J. Neville Jr. Callaway, Neville & Brinson, Claxton, for appellant.
    for defendant: Joseph F. Burford Prosecuting Atty's Council of Ga. and Gary D. Bergman, Special Assistant District Attorney, Atlanta, for appellee.
    Case Number: A11A1881

    O.C.G.A. § 17-3-2 2's tolling period is not extinguished until the injured party has actual knowledge of the

  • Bituminous Ins. Co. v. Coker

    Publication Date: 2012-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: David W. Noblit and Mary C. DeCamp Leitner Williams Dooley & Napolitan, Chattanooga, Tenn., for appellant.
    for defendant: Gary L. Henry Gearhiser, Peters, Cavett, Elliott & Cannon PLLC, Chattanooga, Tenn., for appellee.
    Case Number: A11A1757

    The insurance company was entitled to summary judgment on a claim for uninsured motorist benefits because no eyewitness testimony corroborated the plaintiff's description of how an unknown motorist

  • State v. Barnett

    Publication Date: 2012-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Jamie K. Inagawa, Solicitor General, and Joseph B. Myers Jr., Assistant Solicitor, Fayetteville, for appellant.
    for defendant: Walker L. Chandler Public Defender's Office, Marcus G. Howell Sr., and Rebekah S. Betsill, Fayetteville, for appellee.
    Case Number: A11A1755

    The trial court properly granted the defendants' motion to suppress, as no particular facts or circumstances justified the no-knock provision in the search wa

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    Allegheny County and Westmoreland County Court Rules 2024

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  • State v. Sauls

    Publication Date: 2012-02-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Brian K. Fortner, Solicitor General, and Sherrill Britt, Douglasville, for appellant.
    for defendant: Allen M. Trapp Jr., Carrollton, for appellee.
    Case Number: A11A1859

    Due process does not require an arre officer to inform the driver of all the consequences of refusing to submit to chemical te

  • Harrison v. State

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Mark R. Jeffrey, Marietta, for appellant.
    for defendant: James D. McDade, District Attorney, James A. Dooley, Assistant District Attorney, Emily K. Richardson District Attorney's Office, Douglasville, and Jeffrey L. Ballew, Hiram, for appellee.
    Case Number: A11A1911

    The arresting officer's fall into the water and resulting damage to his cell phone and walkie-talkie was a reasonably probable consequence of the defendant's actions in resisting arrest and struggli

  • Tiller v. State

    Publication Date: 2012-02-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Boggs, Michael P.
    Attorneys: For plaintiff: Jessica I. Benjamin Public Defender's Office, Athens, for appellant.
    for defendant: Layla H. Zon, District Attorney, Covington, and Walter C. Howard District Attorney's Office, Monroe, for appellee.
    Case Number: A11A1616

    The trial court cured any error in its jury charge on battery by giving numerous instructions serving to properly limit the jury's consideration to the specific manner of committing the crime allege