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Publication Date: 2011-12-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Jessica R. Towne Clark & Towne PC, Lawrenceville, for appellant. Daniel J. Porter, District Attorney, and Jimmie E. Baggett Jr., Assistant District Attorney, Lawrenceville, for appellee.
for defendant:
Case Number: A11A1612
The defendant's movement of the victim down a hallway to a bedroom while pointing a gun at her satisfied the element of asportation under Garza v. State, 284 Ga. 696
Publication Date: 2011-12-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Ashleigh B. Merchant The Merchant Law Firm PC, Marietta, for appellant. Donald R. Donovan, District Attorney, and Steven J. Messinger District Attorney's Office, Dallas, for appellee.
for defendant:
Case Number: A11A1720
The defendant's challenge to the constitutionality of certain statutes was not preserved for appellate review because it was not raised and ruled upon
Publication Date: 2011-12-02
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Thomas R. Todd Jr., Atlanta, for appellant. Robert S. Carlson and Jeremy M. Moeser Caldwell & Watson LLP, Atlanta, for appellee.
for defendant:
Case Number: A11A1513
OCGA § 14-2-940 b did not preclude the grant of the plaintiff's application for inspection of corporate records and an award of attorneys' fees under OCGA § 14-2-1604 in one county when the plaintif
Publication Date: 2011-11-11
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: John C. Weitnauer, William C. Massey, Candace N. Smith, Meaghan G. Boyd Alston & Bird, Richard L. Robbins, Alexa R. Ross, and Jason Alloy RobbinsFreed, Atlanta, for appellant. Michael B. Terry, Timothy S. Rigsbee, and Ronan P. Doherty Bondurant, Mixson & Elmore, Atlanta, for appellees.
for defendant:
Case Number: A11A1496
A lease assignment agreement incorporating an estoppel certificate and containing an integration clause foreclosed the landlord's breach of contract claims, as a party can agree to be estopped under
Publication Date: 2011-11-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant. Rebecca A. Wright, District Attorney, and Madonna M. Little, Assistant District Attorney, Augusta, for appellee.
for defendant:
Case Number: A11A1176
The evidence supported a finding that the defendant had joint constructive possession of the drugs, since the Ecstasy pills were in a prescription pill bottle belonging to the defendant that police
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Publication Date: 2011-11-04
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Albert L. Norton Jr. Norton & Assocs. PC, Johns Creek, for appellant. John L. Herbert Jr., Alpharetta, for appellees.
for defendant:
Case Number: A11A1059
The plaintiff was entitled to partial summary on her claims against the buyers of her chiropractic practice because she established a prima facie case for enforcement of the parties' promissory note
Publication Date: 2011-10-28
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Wallace C. Clayton II, Atlanta, for appellant. Patrick H. Head, District Attorney, Henry R. Thompson, Assistant District Attorney, and Anna G. Cross District Attorney's Office, Marietta, for appellee.
for defendant:
Case Number: A11A1337
The trial court did not plainly err in failing to charge the jury on the law of accident because the evidence against the defendant was overwhelming and the charge as a whole provided the jury with
Publication Date: 2011-10-14
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Gege Odion, Decatur, proceeded pro se. James P. Blum Jr. Beloin & Assocs. LLC, Nancy H. Baughan, Andrea P. Block Parker, Hudson, Rainer & Dobbs LLP, Robert D. Douglass Sites & Harbison PLLC, W. Hensell Harris Jr., Kristen M. Rectenwald Wasson, Sours & Harris PC, Atlanta, and Keri P. Ware Wilson, Morton & Downs, Decatur, for appellees.
for defendant:
Case Number: A11A1178
The action against one of the defendants was void ab initio because an automatic bankruptcy stay was in effect as to that defendant at the time the action was commenced and the stay was effective re
Publication Date: 2011-10-14
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Jeffrey L. Cox, Dawsonville, for appellant. Penny A. Penn, District Attorney, Cumming, for appellee.
for defendant:
Case Number: A11A1279
Although the 22-month delay between the defendant's arrest and the denial of his plea in bar was presumptively prejudicial, he suffered no prejudice to his de
Publication Date: 2011-10-14
Practice Area:
Industry:
Court: Court of Appeals
Judge: Mikell, Charles B.
Attorneys: For plaintiff: Stephen T. Maples, Decatur, for appellant. Robert Stokely, Solicitor General, Natalie Ashman, Stephen J. Tuggle, Assistant Solicitors General, Amy B. Godfrey and Sandra N. Wisenbaker Solicitor General's Office, Newnan, for appellee.
for defendant:
Case Number: A10A0177
The defendant's conviction for keeping a place of prostitution could not stand because the state did not provide the jury with the original accusations or inform them of their date, the state failed
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