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  • Rowell v. State

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Gregory W. Holt, Warner Robins, for appellant. Alan R. Tawse Jr., Solicitor General, and Arthur J. Creque, Chief Assistant Solicitor General, Warner Robins, for appellee.
    for defendant:
    Case Number: A11A1231

    An officer's statement that he would take the defendant to jail if she did not properly blow into an alco-sensor device did not transform her traffic stop detention into a custodial situation for th

  • Galmore v. State

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: David E. Clark Clark & Towne PC, Lawrenceville, and Wystan B. Getz, Decatur, for appellant. Daniel J. Porter, District Attorney, and Lisa A. Jones, Assistant District Attorney, Lawrenceville, for appellee.
    for defendant:
    Case Number: A11A1257

    The Court affirmed the defendant's kidnapping convictions because the act of ordering the victims into their house at gunpoint satisfied the element of asport

  • Onumah v. State

    Publication Date: 2011-12-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: David J. Walker, Decatur, for appellant. Tracy G. Lawson, District Attorney, Billy J. Dixon, Assistant District Attorney, and Lisa L. Wells District Attorney's Office, Jonesboro, for appellee.
    for defendant:
    Case Number: A11A0807

    The evidence of asportation supported the defendant's six kidnapping convictions pursuant to Garza v. State, 284 Ga. 696

  • North Fulton Reg'l Hosp. v. Pearce-Williams

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Douglas E. Cobb Hamilton, Westby, Marshall & Antonowich, and David H. Fink Fink, Cohen & Snyder LLC, Atlanta, for appellants. Delece Brooks State Bd. of Workers' Compensation, Atlanta, for appellee.
    for defendant:
    Case Number: A11A1196

    The superior court erred in finding that the employer was procedurally barred from claiming credit for the temporary partial lity TPD benefits paid to its injured employee when temporary total

  • Morey v. State

    Publication Date: 2011-11-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, and Lawrence W. Daniel, Atlanta, for Morey. Louis M. Turchiarelli, Marietta, for Evans. Patrick H. Head, District Attorney, Jason D. Marbutt and Amelia G. Pray, Assistant District Attorneys, Marietta, for appellee.
    for defendant:
    Case Number: A11A0787; A11A1342

    The trial court did not abuse its discretion in admitting evidence including gang re es because the defendants were charged with engaging in criminal street gang activity and, even though the r

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  • Deen v. Pounds

    Publication Date: 2011-11-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: John C. Edwards and Richard A. Epps Jr. Martin Snow LLP, Macon, for appellant. C. Andrew Childers Childers, Schlueter & Smith LLC, Atlanta, and Daniel J. McGlynn McGlynn, Glisson & Koch, Baton Rouge, La., for appellee. Other party representation: Chrisna D. Jones Devlin & Robinson PC, Tucker, Marvin A. Devlin, Atlanta, Joseph P. Thomas, Matthew V. Brammer, and Tiffany R. Clark Ulmer Berne LLP, Cincinnati, Ohio.
    for defendant:
    Case Number: A11A1057

    The applicable 2-year statute of limitation barred the plaintiff's claim that the defendant's action in prescribing her the drug Reglan caused irreversible tardive dyski

  • Caldwell v. Meadows

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: David N. Rainwater Rainwater & Gibbs LLP, Cordele, for appellant. John E. Smith III Jay, Sherrell & Smith PC, Fitzgerald, for appellee.
    for defendant:
    Case Number: A11A1031

    No authority limits a trial court's inquiry into whether a father has abandoned his opportunity interest to the period before his child's birth for purposes of legitimation, especially where the fat

  • Carder v. State

    Publication Date: 2011-11-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Rafe Bank III Banks & Stubbs LLP, Cumming, for appellant. Penny A. Penn, District Attorney, and Jennifer L. Scalia, Assistant District Attorney, Cumming, for appellee.
    for defendant:
    Case Number: A11A0906

    The state did not violate the defendant's speedy trial rights, despite the presumptively prejudicial 38-month delay between the defendant's arrest and her indictment and the fact that the trial cour

  • Demory v. State

    Publication Date: 2011-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Travis A. Williams, H. Bradford Morris Jr. and Larry L. Duttweiler Public Defender's Office, Gainesville, for appellant. Lee Darragh, District Attorney, Wanda L. Vance and Kelley M. Robertson, Assistant District Attorneys, Gainesville, for appellee.
    for defendant:
    Case Number: A11A1071

    The trial court did not clearly err in finding that the prosecutor did not intend to goad the defense into seeking a mistrial, and thus did not err in denying the defendant's plea of double jeo

  • Cleveland v. Katz

    Publication Date: 2011-10-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: William G. Cromwell, Atlanta, for appellant. Stephen M. Katz The Katz Law Group, Marietta, Michael R. Jones Carlock, Copeland & Stair LLP and David E. Betts Betts & Assocs., Atlanta, for appellee.
    for defendant:
    Case Number: A11A0786

    The trial court erred in calculating the 5-day period under OCGA § 9-11-4 c rvice of the complaint because the provisions of OCGA § 1-3-1 d 3 apply when the statutory period of time prescribed