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  • White v. State

    Publication Date: 2012-09-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Donn Peevy The Peevy Firm PC, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Marlene Zekser District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A12A1648

    The officer did not illegally prolong a stop, thereby invalidating the defendant's consent to search his car, since the officer questioned the defendant and his passenger while investigating traffic

  • Brittingham v. Dattilio

    Publication Date: 2012-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A12A1374

    A mother waived her procedural objections to the order changing her 's surname to the 's father's name because the mother failed to file her objections in writing or raise them at the fina

  • Lee v. State

    Publication Date: 2012-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Sara Meyers Public Defender's Office, Thomson, for appellant.
    for defendant: Dennis Sanders, District Attorney, Durwood Davis and Kevin Majeska, Assistant District Attorneys, Thomson, for appellant.
    Case Number: A12A1019

    When officer stopped the defendant, he noticed a strong marijuana odor in the car and on defendant, defendant had bloodshot and red eyes and defendant said there was no marijuana in the car because

  • Harkleroad v. State

    Publication Date: 2012-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William Maston, Savannah, for appellant.
    for defendant: Larry Chisolm, District Attorney, and Jennifer Easley District Attorney's Office, Savannah, for appellee.
    Case Number: A12A1079

    An officer had reasonable and articulable suspicion to detain the defendant in order to administer a blood-alcohol and probable cause to arrest her for DUI after she failed the

  • Alpha Nursing Servs. Inc. v. Vickery

    Publication Date: 2012-09-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kunle Ogundele, Atlanta, for appellant.
    for defendant: . John Brown, Commerce, for appellee.
    Case Number: A12A0927

    The defendant was liable to the plaintiff for attorneys' fees and costs because he never intended to honor the lease/buy contract for the plaintiff's office bui

  • 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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  • State v. Hamby

    Publication Date: 2012-08-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, and Joshua Morrison District Attorney's Office, Atlanta, for appellant.
    for defendant: Ronda Graham and Charles Magarahan, Atlanta, for appellees.
    Case Number: A12A1159

    The trial court properly suppressed evidence because officers did not have probable cause, exigent circumstances or consent to enter the defendants' hotel room and the state did not prove that the s

  • Clarke v. State

    Publication Date: 2012-08-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Angela Dillon Brown & Gill, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Wesley Ross District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A12A0924

    An attorney's use of a law firm's letterhead, administrative resources, contact information on court documents, and time and billing software system, along with her admission that she owed the firm

  • Montford v. State

    Publication Date: 2012-08-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gina Bernard Stone Mountain Conflict Defender's, Decatur, for appellant.
    for defendant: Robert D. James Jr., District Attorney, and Daniel J. Quinn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A12A1404

    Although the defendant contended after his sentencing that another personality, Marcus, sign plea documents, the record showed that the defendant knowingly, intelligently and voluntarily ente

  • Coleman v. State

    Publication Date: 2012-08-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jennifer Trieshmann Public Defender's Office, Carrollton, for appellant.
    for defendant: Peter Skandalakis, District Attorney, LaGrange, Raymond Mayer, Assistant District Attorney, and Robert Mooradian District Attorney's Office, Newnan, for appellee.
    Case Number: A12A0868

    The trial court's use of reasonable assurance in its jury charge, when viewed in the context of the entire charge, did not change the state's burden of proving chain of cu

  • In the Interest of R. S.

    Publication Date: 2012-08-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Demetra Ford, Atlanta, and Melanie Williams DeKalb County Juvenile Court, Decatur, for appellant.
    for defendant: . Robert D. James Jr., District Attorney, and Cynthia Zurawsky, Assistant District Attorney, Decatur, for appellee.
    Case Number: A12A0887

    The juvenile court erred in applying a clear and convincing standard rather than a proof beyond a reasonable doubt standard in adjudicating the defendants delin