Georgia Cases ©   Coverage   Help   Search Westlaw   Topic: AllCommercial Law & ContractsCriminal JusticeEducationEstate Planning & ProbateFamily LawFinance & BankingGovernment BenefitsGovernment ContractsHealth & MedicineInsuranceLabor & EmploymentLegal EthicsPension & Retirement BenefitsProfessional MalpracticeReal PropertyTaxationTort LawWorkers Compensation GEORGIA MESSENGER SERVICE, INC. v. BRADLEY , Ga.App., February 9, 2010 (Court of Appeals Rule 4(b) and Rule 37(b), February 21, 2008) Blackburn, Presiding Judge. In this personal injury action, Georgia Messenger Service, Inc. ("GMS") appeals the trial court's denial of summary judgment on Vernetta Bradley's claims, in which she seeks to recover damages arising from an attack upon her by John Wise, who she claims was a GMS employee acting within the scope of his employment. We vacate and remand that order insofar as it addresses the assault-and-battery-claim is... TRUCKS, INC. et al. v. TROWELL. , Ga.App., February 8, 2010 Benjamin Allen Leonard, for Trucks, Inc. et al. Curtis Farrar Jr., Matthew Jackson Hennesy, for Trowell. BERNES, Judge. Trucks, Inc. and its insurer, Great West Casualty Company, appeal the superior court's order affirming an award of benefits by the Appellate Division of the State Board of Workers' Compensation (the "State Board") in favor of Marion Trowell, who injured her right shoulder while employed at Trucks. In affirming the award, the superior court found that Trowell's disabil... ROWE v. The STATE. , Ga.App., February 8, 2010 Brandon Lewis, for Rowe. Tracy Graham Lawson, Billy J. Dixon, for The State. MILLER, Chief Judge. A jury convicted Misty Simone Rowe of concealing the death of another person (OCGA § 16-10-31). Rowe appeals, contending that the trial court erred (i) in denying her motion to suppress statements she made during the on- scene police investigation of the incident at her apartment, and (ii) in allowing the State to prove the identity of the victim by autopsy fingerprint cards. Rowe also cha... STINSON v. The STATE. , Ga., February 8, 2010 CARLEY, Presiding Justice. Douglas Teeandre Stinson pled guilty to felony murder, kidnaping with bodily injury, kidnaping, aggravated assault, armed robbery, and hijacking a motor vehicle. The trial court imposed concurrent life sentences for murder and kidnaping with bodily injury, and concurrent 20-year terms for the remaining offenses. Shortly thereafter, newly appointed counsel filed a motion to withdraw the guilty plea on several grounds. After a hearing thereon, the trial court denied t... HOLMES et al. v. GRUBMAN et al. , Ga., February 8, 2010 CARLEY, Presiding Justice. As of June 1999, Appellants William K. Holmes and four entities controlled by him owned 2.1 million shares in WorldCom, Inc., the major telecommunications company which went bankrupt after the revelation of massive accounting fraud in 2002. In this suit against Appellees Citigroup Global Markets, Inc., f/k/a Salomon Smith Barney & Co., Inc. (SSB), and its financial analyst, Jack Grubman, Appellants allege that, on June 25, 1999, Holmes verbally ordered his broker at... DENTON v. The STATE. , Ga., February 8, 2010 HUNSTEIN, Chief Justice. Sheila Denton was convicted of felony murder in the death of 73-year-old Eugene Garner as well as giving a false name to law enforcement officers. She appeals from the denial of her motion for new trial [FN1] challenging the sufficiency of the evidence and the admission of bad character evidence. Finding no reversible error, we affirm. FN1. The crimes occurred on May 21, 2004. Denton was indicted August 13, 2004 in Ware County on charges of malice murder, fel... In the Matter of Benjamin Lanier BAGWELL. , Ga., February 8, 2010 PER CURIAM. This matter is before the Court on Benjamin Lanier Bagwell's petition for voluntary discipline in which he seeks a suspension ranging from six months to two years, with conditions for reinstatement. The State Bar recommends acceptance of the petition and imposition of a two-year suspension with conditions for reinstatement. The record shows that five former clients have filed grievances against Bagwell. In his petition Bagwell admits that in connection with his representation o... In the Matter of Sabrina K. BOZEMAN. , Ga., February 8, 2010 PER CURIAM. This disciplinary matter is before the Court pursuant to a Notice of Discipline filed by the State Bar alleging that Respondent Sabrina K. Bozeman violated Rules 1.15(I) and (II), 8.4(a)(4) and 9.3 of the Georgia Rules of Professional Conduct of Bar Rule 4-102(d). The State Bar is seeking Bozeman's disbarment. Bozeman has been suspended from the practice of law since July 13, 2009. See In the Matter of Bozeman, S09Y1673 (Ga. July 13, 2009). After efforts at personal service proved... BRODA v. DZIWURA. , Ga., February 8, 2010 BENHAM, Justice. This appeal stems from a grant of certiorari regarding the Court of Appeals' decision in Dziwura v. Broda, 297 Ga.App. 1 (676 S.E.2d 400) (2009). Appellant Mindy Broda and her husband John Broda sued appellee Joan Dziwura, as well as appellee's purported employer Winmark Homes, for negligence associated with injuries appellant sustained in a car accident caused by appellee. [FN1] At trial, appellant presented evidence that Winmark Homes was also liable for the accident as app... MOORE v. MOORE. , Ga., February 8, 2010 Faith Elaine Shoemaker-Shiffert, Newnan, for appellant. Louis C. Thacker, Thacker & Thacker, Griffin, for appellee. NAHMIAS, Justice. Pursuant to this Court's Pilot Project for divorce cases, Ricky Moore appeals from the entry of the final judgment of divorce from Diane Moore. The trial court ordered Mr. Moore to pay Ms. Moore "$400.00 per month for 100 months for a total alimony of $40,000.00," and provided that the obligation would not terminate upon the death or remarriage of either... WINDHAM v. ARAYA. , Ga., February 8, 2010 CARLEY, Presiding Justice. Doreen Araya and Curtis Windham were married in 2002, separated in 2005, and divorced in 2008. The final divorce decree was entered after a bench trial and provided that the proceeds from the sale of a house that Ms. Araya had brought into the marriage, as well as bank and credit union accounts in her name, are her sole and separate property. In another order, the trial court also awarded $10,000 in attorney's fees to Ms. Araya because Windham had been unnecessarily... ADAMS v. STATE. , Ga., February 8, 2010 BENHAM, Justice. Appellant Larry Adams, Sr., appeals his malice murder conviction for the shooting death of his ex-girlfriend. [FN1] FN1. The victim was killed on October 24, 2005. Appellant was indicted by a grand jury on January 28, 2006, for malice murder, felony murder, five counts of possession of a firearm during the commission of a crime, two counts of burglary, and aggravated assault. A trial was held on October 9-11, 2006, and a jury found appellant guilty on all charges. On October ... HATCHER v. STATE. , Ga., February 8, 2010 HUNSTEIN, Chief Justice. Appellant Richard Hatcher appeals his conviction for the May 2007 murder of Joseph Brooks. Finding no error, we affirm. [FN1] FN1. The murder occurred on May 5, 2007. On July 3, 2007, appellant was indicted by the Richmond County grand jury on one count of malice murder and one count of felony murder predicated on aggravated assault. At the conclusion of appellant's trial held May 20-22, 2008, the jury found appellant not guilty of malice murder but guilty of felony m... MANN v. BLALOCK. , Ga., February 8, 2010 THOMPSON, Justice. In this quiet title action, appellant Charles S. Mann appeals from an order of the superior court adopting the report of a Special Master and decreeing that fee simple title to an undeveloped two-acre tract of land in Lamar County is vested in appellee N.L. Blalock. In 1995 Hattie Thelma Mann died owning the real property at issue. She named appellant (her brother) as executor with power to administer her estate. In Item V of her Last Will and Testament, she disposed of ... REID v. The STATE. , Ga., February 8, 2010 Brian Steel, The Steel Law Firm, P.C., Atlanta, for Reid. Thurbert E. Baker, A.G., Department of Law, Bettieanne C. Hart, Deputy D.A., Paul L. Howard Jr., D.A., Atlanta, for the State. CARLEY, Presiding Justice. A jury found Travion Reid guilty of malice murder, two counts of felony murder, aggravated assault, criminal attempt to commit armed robbery and possession of a firearm during the commission of a felony. The trial court entered judgments of conviction and sentenced Reid to life... SPENCER v. The STATE. , Ga., February 8, 2010 THOMPSON, Justice. Defendant Dwight Spencer was convicted of deposit account fraud pursuant to OCGA § 16-9-20. He appeals, pro se, and asserts, inter alia, that OCGA § 16-9-20 is unconstitutional because it does not contain an enacting clause on its face. Finding no error, we affirm. 1. Viewing the evidence in a light favorable to the verdict, as we are bound to do, we find the following: In November 2007, defendant hired Wallace, an electrical contractor, to install wiring in defendant's ... LUCKY v. The STATE. , Ga., February 8, 2010 BENHAM, Justice. Appellant Rico Antonio Lucky was convicted of and sentenced for felony murder with armed robbery as the underlying felony, assault with a deadly weapon, and possession of a firearm during the commission of a crime. On appeal, he challenges the sufficiency of the evidence supporting his convictions and takes issue with the trial court's decisions with regard to the guilty verdicts on which sentence was imposed. [FN1] FN1. The crimes occurred on July 28, 2004, and the Clayton C... KNOX et al. v. WILSON et al. , Ga., February 8, 2010 HINES, Justice. This appeal concerns a tract of land held by the heirs of Emma Thomson; that tract has been subject to a one-half interest in the mineral rights in the land, now claimed by the heirs of L.G. Hardman, Jr. The Thomson heirs sought to extinguish the outstanding mineral interest under OCGA § 44-5-168, [FN1] and the Hardman heirs appeal from the trial court's order on summary judgment extinguishing the one-half mineral interest. FN1.OCGA § 44-5-168 reads: (a) Whenever... FITZPATRICK v. The STATE. , Ga.App., February 3, 2010 JOHNSON, Presiding Judge. A jury found Dexter LaShune Fitzpatrick guilty of aggravated assault and burglary. Following the denial of his motion for a new trial, Fitzpatrick appeals, challenging the sufficiency of the evidence and claiming that he received ineffective assistance of counsel. We find no error and affirm. On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, and the defendant no longer enjoys the presumption of innocence. We do... BELCHER v. The STATE. , Ga.App., February 3, 2010 Jennifer Faith Arndt, for Belcher. William Kendall Wynne Jr., for The State. SMITH, Presiding Judge. A jury found Xavier Belcher guilty of armed robbery, hijacking a motor vehicle, possession of a firearm during the commission of a felony, obstruction of an officer, and criminal trespass. Belcher appeals, challenging the sufficiency of the evidence, and asserting as error the trial court's ruling on his Batson challenge and the court's denial of the motion to suppress his statement to ... WILSON v. McNEELY. , Ga.App., February 3, 2010 Rodney K. Wilson, for Gary Wilson. Charles H. Brown, for Richard McNeely. SMITH, Presiding Judge. Gary Wilson appeals, pro se, from the trial court's order dismissing his complaint with prejudice based upon his failure to supplement his discovery responses and submit his portion of a pre-trial order. In seven related enumerations of error, Wilson contends the trial court erred by dismissing his complaint with prejudice. For the reasons set forth below, we vacate the trial court's order... SMITH v. The STATE. , Ga.App., February 3, 2010 Mark Allen Yurachek, for Smith. Stephen D. Kelley, for The State. JOHNSON, Presiding Judge. A jury found Farris Smith guilty of two counts of armed robbery, two counts of kidnapping, one count of aggravated assault, and one count of possession of a firearm during the commission of a crime. Smith appeals, arguing the evidence was insufficient to support the jury's verdict, he received illegal sentences, and he received ineffective assistance of trial counsel. We find no error and affirm... LAOSEBIKAN et al. v. LAKEMONT COMMUNITY ASSOCIATION. , Ga.App., February 3, 2010 Ajibola Taiwo Laosebikan, Emma Jean Laosebikan, for Appellant. William A. Dinges, for Appellee. SMITH, Presiding Judge. Acting pro se, Ajibola and Emma Laosebikan appeal from the superior court's dismissal of their complaint against the Lakemont Community Assoc. (Lakemont). For the following reasons, we affirm. OCGA § 9-11-12(b)(6) provides that an action can be dismissed upon the merits where the complaint fails to state a claim upon which relief can be granted. Dismissal is appro... OVER v. The STATE. , Ga.App., February 3, 2010 Allen Matthews Trapp Jr., for Over. Brian Keith Fortner, for The State. BARNES, Judge. David F. Over appeals the denial of his motion for discharge and acquittal, contending the 22-month delay between his arrest and motion violated his right to a speedy trial under the Sixth Amendment of the United States Constitution. While the trial court erred in holding that an overcrowded docket was not a delay caused by the government for which the State was not at fault, for the reasons that fol... ABA 241 PEACHTREE v. BROOKEN & McGLOTHEN et al. , Ga.App., February 3, 2010 Scott Michael Kaye, for ABA 241 Peachtree. John Anthony Moore, for Brooken & McGlothen. BERNES, Judge. Appellant ABA 241 Peachtree sued appellee Eric McGlothen and Brooken & McGlothen, LLC ("B & M") to recover past due rent arising from an alleged breach of a commercial lease agreement. McGlothen filed his answer to the complaint one day late, automatically placing the case in default. After the time period in which McGlothen could have opened the default as a matter of right elapsed, ... CRYSTAL FARMS, INC. v. ROAD ATLANTA, LLC. , Ga.App., February 3, 2010 Ronald Thomas Coleman Jr., for Crystal Farms, Inc. Matthew Tyler Smith, Roger Brent Hatcher Jr., for Road Atlanta, LLC. MILLER, Chief Judge. In 2006, Crystal Farms, Inc. sued Road Atlanta, LLC for trespass, conversion of trees, and diminution in value of its property. Underlying the complaint was Crystal Farms's contention that Road Atlanta had abandoned two right-of-way easements over Crystal Farms's property. Road Atlanta answered and asserted a counterclaim seeking a declaration tha... The STATE v. COSBY. , Ga.App., February 3, 2010 Paul L. Howard, Jr., for The State. Dana Sherrie Fleming, Kenneth D. Kondritzer, for Cosby. PHIPPS, Judge. Gene Cosby, Jr. was indicted for burglary. The trial court granted Cosby's motion to suppress twenty-four rings and three pairs of earrings seized from his pocket, on the ground that their seizure exceeded the scope of a pat- down search performed under Terry v. Ohio. [FN1] The state appeals, arguing, inter alia, that the plain feel doctrine set forth in Minnesota v. Dickerson [FN... DENNIS v. The STATE. , Ga.App., February 3, 2010 Rafe Banks III, for Dennis. Penny Alane Penn, for The State. SMITH, Presiding Judge. James Henry Dennis appeals from his forgery conviction and contends in his sole enumeration of error that the trial court erred by excluding evidence of a statement made by his co-defendant, Daniel Denmore. We find no merit in this contention and affirm. The record shows that Dennis cashed a check written to him on the account of his female roommate, who testified that she never wrote or signed the ... In the Interest of D.L., a child. , Ga.App., February 3, 2010 Paul L. Howard Jr., Wayne E. Grannis, and Lenny I. Krick, for appellant. April Louise Williams, for appellee. JOHNSON, Presiding Judge. On January 5, 2009, D.L. appeared before the Juvenile Court of Fulton County for a detention and probable cause hearing following his arrest for armed robbery with a firearm when he was 16 years old. D. L.'s counsel moved to dismiss the case because the arresting officer was not present and the police report did not link D.L. to the crime. The state ar... FLEEMAN et al. v. CANAL INSURANCE COMPANY et al. , Ga.App., February 3, 2010 Robert Neal Elkins, for Appellant. Kenneth Kalivoda, Raymond Stanley Baker Jr., Candace Marie Boutwell, Robert Harris Smalley III, Anne Dodson Gower, for Appellee. BLACKBURN, Presiding Judge. In this declaratory judgment action to determine insurance coverage, Lily and Richard Fleeman, Heritage Motor Company, and Christopher Smith appeal the trial court's grant of summary judgment to Canal Insurance Company ("Canal") and National Indemnity Company ("National"), arguing that the trial ... WATTS v. The STATE. , Ga.App., February 2, 2010 Linnie L. Darden III, for Watts. Richard Ashley Mallard, W. Scott Brannen, for The State. JOHNSON, Presiding Judge. A jury found Jeremiah Watts guilty of one count of armed robbery and not guilty of an additional count of armed robbery. Watts appeals from the conviction entered on the verdict, alleging that the evidence was insufficient to sustain the conviction, that the trial court erred in admitting hearsay testimony, and that he received ineffective assistance of counsel. We find n... OSBORNE v. CITY OF MARIETTA. , Ga.App., February 2, 2010 JOHNSON, Presiding Judge. Grams Osborne sued the City of Marietta after he was arrested for driving with a suspended license. Osborne claimed that the City improperly suspended his license and failed to notify him of the suspension. Osborne now appeals, pro se, from the trial court's grant of summary judgment in favor of the City, claiming that the trial court erred in granting summary judgment after he had sought to dismiss his complaint without prejudice and the City had acted in bad faith.... SHIVERS v. THE STATE. , Ga., February 1, 2010 THOMPSON, Justice. Tony Shivers was found guilty by a jury of felony murder and other offenses in connection with the shooting death of Allen Kilgore. [FN1] Shivers appeals from the denial of his motion for new trial, claiming that the jury instruction was defective in two respects. Finding no error, we affirm. FN1. The crimes were committed on January 15, 2006. An indictment was returned on June 5, 2006, charging Shivers with malice murder; felony murder while in the commission o... STEPP v. THE STATE. , Ga., February 1, 2010 MELTON, Justice. Lekeisha Stepp is the owner of a pit bull which escaped from Stepp's home and mauled a child. Thereafter, Stepp was convicted in DeKalb County Recorder's Court of violating DeKalb County Ordinance § 5-2(a) regarding animal control, and Stepp was later arrested and charged with a violation of OCGA § 16-5- 60(b)--misdemeanor reckless conduct. [FN1] Stepp filed a plea in bar on double jeopardy grounds, arguing that her recorder's court conviction barred a subsequent prosecutio... ALLEN v. The STATE. , Ga.App., February 1, 2010 Maurice Gibson Kenner. for Allen. William Kendall Wynne Jr., for the State. PHIPPS, Judge. Sean Garfield Allen appeals his convictions for aggravated battery, aggravated assault, and two counts of third degree cruelty to children. He contends that the trial court erred by allowing the jury to hear the recording of the 911 call made in connection with the underlying incident, by rejecting his claim of ineffective assistance of counsel, and by failing to merge the aggravated battery and ... CULPEPPER v. The STATE. , Ga.App., February 1, 2010 James Denny Lamb, for Appellant. Peter J. Skandalakis, William Doss Hocutt, for Appellee. PHIPPS, Judge. Dwight Culpepper was tried by a jury and convicted of selling cocaine and possessing cocaine. He claims that his trial counsel provided ineffective assistance and that the evidence was insufficient to support his conviction for selling cocaine. For reasons that follow, we conclude that both claims fail and therefore affirm. The evidence relevant to Culpepper's convictions showed ... LURRY v. McCANTS. , Ga.App., February 1, 2010 Shana M. Rooks, for Appellant. David Evan Baum, for Appellee. PHIPPS, Judge. Reginald Lurry petitioned for modifications to the child custody and support terms that had been established by a consent order with his daughter's mother, Austra McCants. The trial court denied Lurry's petition and awarded McCants attorney fees and expenses. Lurry challenges those rulings in this appeal. [FN1] For reasons that follow, we affirm the denial of Lurry's modification petition, vacate the award for... The STATE v. LESSING. , Ga.App., February 1, 2010 Carmen D. Smith, for Appellant. Robert W. Chestney, for Appellee. PHIPPS, Judge. The state appeals the trial court's order granting Christopher Lessing's motion to dismiss the accusation against him for violation of his constitutional right to a speedy trial. Because the order is insufficient to enable this court to determine whether the trial court abused its discretion, [FN1] we vacate and remand for entry of an order applying the analysis contained in Barker v. Wingo. [FN2] FN1. Se... In the Matter of Stephen Michael FRIEDBERG. , Ga., February 1, 2010 PER CURIAM. This Court disbarred petitioner Stephen Michael Friedberg from the practice of law in Georgia in 2003, following his entry of guilty pleas to felony violations [FN1] in the United States District Court for the Northern District of Georgia. In re Friedberg, 277 Ga. 141 (586 S.E.2d 305) (2003). In September 2008, acting pursuant to authorization given by Section 10 of Part A of the Rules Governing the Admission to the Practice of Law in Georgia ("the Rules"), Friedberg filed with t... In the Matter of Paul Wendell CALHOUN, Jr. , Ga., February 1, 2010 PER CURIAM. Petitioner Paul Wendell Calhoun, Jr. was disbarred from the practice of law in 1997 after his conviction for charges of money laundering and aiding and abetting in violation of 18 U.S.C. § 1956(a)(1)(B)(1) and (2) was affirmed by the United States Court of Appeals for the Eleventh Circuit. See In the Matter of Calhoun, 268 Ga. 675 (492 S.E.2d 514) (1997). In January 2000, the State Board of Pardons and Paroles restored Calhoun's civil and political rights, except for the right to ... In the Matter of Stanley J. KAKOL, Jr. , Ga., February 1, 2010 PER CURIAM. This matter is before the Court on Respondent Stanley J. Kakol, Jr.'s Petition for Voluntary Discipline, filed after the filing of a Formal Complaint, in which he admits violating Rules 1.15(II) and 8.4(a)(4) of the Georgia Rules of Professional Conduct, see Bar Rule 4-102(d), and seeks the imposition of a Review Panel reprimand with conditions. The State Bar has no objection to the petition and the Special Master, H. Michael Bray, recommends that the Court accept the petition. ... In the Matter of Trent Edward WRIGHT. , Ga., February 1, 2010 PER CURIAM. This disciplinary matter is before the Court on Trent Edward Wright's petition for voluntary surrender of his license to practice law. Wright admits that while acting as closing attorney for a number of loans, he prepared documentation falsely showing that the loans were secured by a first lien position in property owned by the borrower, when in fact he knew that the borrower did not have clear title and that the lenders were not receiving a first lien position security interest. ... In the Matter of Lea Lange LONDON. , Ga., February 1, 2010 PER CURIAM. In this disciplinary matter Lea Lange London has submitted a "Petition for Voluntary Suspension of License Pending Termination of Appeal and Habeas" in which she requests that this Court suspend her license pending not only the outcome of an appeal of her felony criminal convictions (which were entered pursuant to London's guilty plea), see Bar Rule 4-106(f)(1), but also the resolution of any writ of habeas corpus that she may file in relation to those convictions. The State Bar h... In the Matter of Michael B. SESHUL, Jr. , Ga., February 1, 2010 PER CURIAM. This disciplinary matter is before the Court on Special Master Rex R. Ruff's Report and Recommendation in which he recommends that the Court accept Respondent Michael B. Seshul, Jr.'s Petition for Suspension Pending Imposition of Final Discipline. For the reasons that follow, we reject the petition. On March 31, 2009, Seshul entered a guilty plea in the Superior Court of Fulton County to one felony count of aggravated assault and one misdemeanor count of battery, for which he r... In the Matter of Gary Gilbert GUICHARD. , Ga., February 1, 2010 PER CURIAM. This matter is before the Court on Respondent Gary Gilbert Guichard's Petition for Voluntary Discipline in which he admits to violating Rule 1.4 of the Georgia Rules of Professional Conduct, see Bar Rule 4-102(d). As punishment for his violation, Guichard requests a Review Panel reprimand. The State Bar filed a response to the petition in which it recommends the Court accept the petition. Guichard filed his petition after the State Bar filed a Notice of Discipline but before it... In the Matter of Howard Geoffrey SLADE. , Ga., February 1, 2010 PER CURIAM. This disciplinary matter is before the Court on the petition of Howard Geoffrey Slade for voluntary surrender of his license. Slade admits that in connection with his representation of a client in a personal injury action, he received $80,000 on behalf of the client, but failed to deposit the funds in his trust account, give the funds to the client, or otherwise account for them. Slade also admits that in connection with his representation of another client in a like-kind exchange... R.A.F. et al. v. ROBINSON et al. , Ga., February 1, 2010 THOMPSON, Justice. David E. Friedman appeals individually as well as on behalf of his minor daughter R.A.F., from an order of the trial court dismissing a petition for a writ of mandamus as amended. [FN1] Finding no error, we affirm. FN1. David E. Friedman is an attorney duly licensed to practice law in the state of Georgia, and has been admitted as a member of the Bar of this Court. In the trial court and on appeal, Friedman represented himself pro se as well as his minor daughter; b... In the Matter of Patrick J. SMITH. , Ga., February 1, 2010 PER CURIAM. This reciprocal discipline matter is before the Court on the Report and Recommendation of the Review Panel recommending that Respondent Patrick J. Smith be suspended for six months following his similar suspension in Maryland. On July 29, 2008, the State Bar served Smith with a notice of reciprocal discipline based on the Maryland Court of Appeals' order suspending Smith, seeking substantially similar discipline. See Rule 9.4(b), as amended, of the Georgia Rules of Professional Co... FLINT v. The STATE. , Ga., February 1, 2010 THOMPSON, Justice. Lorenzo E. Flint, Jr. seeks a certificate of probable cause to appeal from the dismissal of his petition for writ of habeas corpus in which he challenges his 1988 guilty plea to one felony count and one misdemeanor count of Violation of the Georgia Controlled Substances Act. This is the second appearance of this case before the Court. In March 2008, we granted a certificate of probable cause to appeal and by order remanded the case with direction that "the habeas court hold... The STATE v. GARDNER. , Ga., February 1, 2010 HUNSTEIN, Chief Justice. This case involves an alleged violation of OCGA § 17-8-57. [FN1] Marquez Gardner was tried on charges arising from the armed robbery of a beauty salon. As the State concluded the direct examination of its first witness, the following exchange took place: FN1.OCGA § 17-8-57 provides: It is error for any judge in any criminal case ... to express or intimate his opinion as to what has or has not been proved or as to the guilt of the accused. Should any judg... LARIZZA v. LARIZZA. , Ga., February 1, 2010 HUNSTEIN, Chief Justice. In this Pilot Project domestic relations case, appellant Frank Larizza appeals from the final judgment of divorce, challenging only the sufficiency of the evidence supporting the monthly child support awarded to appellee Amanda Larizza for the couple's four-year-old child. A bench trial was conducted but the proceedings were not transcribed. At the hearing on appellant's motion for reconsideration, appellant asserted for the first time that he has no income other than... ELLIS v. ELLIS. , Ga., February 1, 2010 MELTON, Justice. In this divorce action, which falls under this Court's Pilot Project, Bonnie Lou Ellis ("Wife") contends that the trial court erred by conducting a final hearing in her absence and entering a judgment on the pleadings in favor of Otis Dan Ellis ("Husband"). Because Wife filed no responsive pleadings and thereby waived notice of a final hearing, we affirm. The record shows that Otis Dan Ellis filed a complaint for divorce in June 2008, and Bonnie Lou Ellis, who was not repr... BANKSTON v. LACHMAN. , Ga., February 1, 2010 David Alfred Webster, Atlanta, for Lachman. Aretha Lachman, Stone Mountain, pro se. THOMPSON, Justice. Husband and wife separated in early 2008, and husband sued for divorce. There is one child, a girl, as issue of the marriage, born on October 31, 2007. The trial court awarded primary physical custody of the child to wife and secondary physical custody to husband. It awarded parenting time to husband for four hours each weekend until the child begins kindergarten full time, and therea... SALMON-DAVIS v. DAVIS. , Ga., February 1, 2010 HINES, Justice. Novlett Angela Salmon-Davis ("Wife") appeals her final judgment and decree of divorce from Xavier Davis ("Husband"). [FN1] She challenges the trial court's awards of child custody, child support, and fees to the guardian ad litem ("GAL"). For the reasons which follow, we affirm. FN1. The Wife filed an application for discretionary appeal in this Court, which was granted automatically under this Court's pilot project. See Wright v. Wright, 277 Ga. 133 (587 S.E.2d 600) (... DEVEGA v. The STATE. , Ga., February 1, 2010 CARLEY, Presiding Justice. A jury found Robert Bella Devega, III guilty of malice murder, two counts of felony murder, two counts of aggravated assault, possession of a firearm during the commission of a felony, and conspiracy to sell a controlled substance. The trial court entered judgments of conviction and sentenced Devega to life imprisonment for malice murder, and to consecutive prison sentences of ten years for the drug offense and five years for the weapons charge. The felony murder ve... MARSHALL v. The STATE (3 cases). , Ga., February 1, 2010 THOMPSON, Justice. In this appeal, defendant Stephen Marshall asserts the trial court erred in failing to find that the State violated his constitutional right to a speedy trial with regard to three separate offenses. He also contends his prosecution for felony murder is barred on double jeopardy grounds. Finding no error, we affirm. 1. Marshall was arrested and charged with felony murder in January 2004; he was indicted three months later. In December 2006 Marshall was indicted for child ... PETERSON et al. v. HARRELL. , Ga., February 1, 2010 THOMPSON, Justice. Testator Marion E. Peterson died in 2008. She was survived by her two siblings, Arvin Peterson and Carolyn Peterson Basner (caveators). After testator's death, Vasta Lucas, testator's longtime companion and executor of testator's estate, filed a petition to probate testator's will in solemn form. Lucas died during the pendency of this appeal, and appellee Richard Harrell was appointed as successor executor and trustee for the estate. Caveators filed a caveat to the petition... MUHAMMAD v. The STATE. , Ga., February 1, 2010 MELTON, Justice. Following a bench trial, Anjail Durriyyah Muhammad was found guilty of malice murder, two counts of felony murder, aggravated assault, aggravated battery, and arson in the first degree in connection with the death of Nodiana Antoine. [FN1] Muhammad appeals, contending only that the evidence presented at trial was insufficient to sustain her convictions. Finding no error, we affirm. FN1. On May 21, 2004, Muhammad was indicted for malice murder, two counts of felony mur... JOHNSON v. The STATE. , Ga., February 1, 2010 Holdings: The Supreme Court, Melton, J., held that: (1) defendant's guilty plea was freely and voluntarily entered, and (2) indictment charging defendant with aggravated assault was not void. Affirmed. MELTON, Justice. During a jury trial, Charles Johnson, Jr., pled guilty to felony murder, aggravated assault, family violence battery, cruelty to children in the third degree, and arson in the first degree. [FN1] Johnson appeals pro se contending that the trial court erred in denyi... SHIVERS v. The STATE. , Ga., February 1, 2010 Holdings: The Supreme Court, Thompson, J., held that: (1) evidence was sufficient to support convictions, and (2) defendant's status felony of possession of a firearm by a previously convicted felon was inherently dangerous, as would support felony-murder conviction. Affirmed. Jimmonique R.S. Rodgers, Atlanta, Phyllis Renee Williams, Decatur, for Shivers. Thurbert E. Baker, A.G., Atlanta, Leonora Grant, Gwendolyn Keyes Fleming, D.A. Decatur, for the State. THOMPSON, Justice. ... ARMSTRONG v. STATE. , Ga., February 1, 2010 Rodney Alan Williams, Decatur, for Armstrong. Thurbert E. Baker, A.G., Leonora Grant, Deputy Chief A.D.A., Gwendolyn Keyes Fleming, D.A., Daniel James Quinn, A.D.A., for State. BENHAM, Justice. Raymond Armstrong appeals his conviction for malice murder for the shooting death of Damien Carr. [FN1] On February 23, 2007, the teenage victim was playing basketball with three other teenagers in their neighborhood cul-de-sac on Allgood Terrace in DeKalb County. Appellant, who was from a diff... ARNOLD v. The STATE. , Ga., February 1, 2010 HUNSTEIN, Chief Justice. Appellant David Arnold was convicted of felony murder and aggravated assault in connection with the stabbing death of Dale Fortson. Finding no error in the denial of Arnold's motion for new trial, [FN1] we affirm. FN1. The crimes occurred on October 14, 2003. Arnold was indicted in Fulton County on April 28, 2006 and charged with malice murder, felony murder based on aggravated assault, and aggravated assault. On April 19, 2007, a jury found Arnold guilty of f... STEPP v. The STATE. , Ga., February 1, 2010 MELTON, Justice. Lekeisha Stepp is the owner of a pit bull which escaped from Stepp's home and mauled a child. Thereafter, Stepp was convicted in DeKalb County Recorder's Court of violating DeKalb County Ordinance § 5-2(a) regarding animal control, and Stepp was later arrested and charged with a violation of OCGA § 16-5-60(b)--misdemeanor reckless conduct. [FN1] Stepp filed a plea in bar on double jeopardy grounds, arguing that her recorder's court conviction barred a subsequent prosecution i... MIKELL v. The STATE. , Ga., February 1, 2010 HUNSTEIN, Chief Justice. Fredrico Shenard Mikell was convicted of felony murder and multiple counts of armed robbery and aggravated assault arising out of an attack on six people in a home in Statesboro. He appeals from the denial of his motion for new trial [FN1] challenging the sufficiency of the evidence and asserting other errors. For the reasons that follow, we affirm. FN1. The crimes occurred on October 14, 2006. Mikell was indicted December 11, 2006 in Bulloch County along wit... MIKELL v. THE STATE. , Ga., February 1, 2010 HUNSTEIN, Chief Justice. Fredrico Shenard Mikell was convicted of felony murder and multiple counts of armed robbery and aggravated assault arising out of an attack on six people in a home in Statesboro. He appeals from the denial of his motion for new trial [FN1] challenging the sufficiency of the evidence and asserting other errors. For the reasons that follow, we affirm. FN1. The crimes occurred on October 14, 2006. Mikell was indicted December 11, 2006 in Bulloch County along wi... ALLIANCE THREE PROPERTIES v. LILLIAN ROBINSON et al. , Ga., February 1, 2010 BENHAM, Justice. The judgment of the court below is affirmed without opinion pursuant to Supreme Court Rule 59. Affirmed without opinion. All the Justices concur. In the Interest of G.A.M., a child. , Ga.App., January 29, 2010 Holdings: The Court of Appeals, Miller, C.J., held that: (1) evidence was sufficient to establish that lack of proper parental care or control was causing deprivation; (2) evidence was sufficient to establish that child's deprivation was likely to continue; and (3) evidence was sufficient to establish that continued deprivation would likely cause child serious harm. Affirmed. David Ray Savoy, for In the Interest of G. A. M. Thurbert E. Baker, State of Georgia Attorney General,... YUREVICH v. WILLIAMS. , Ga.App., January 29, 2010 Holdings: The Court of Appeals, Doyle, J., held that: (1) former mother-in-law was adequately repaid for note, and (2) former mother-in-law could not recover amount of lien placed on house by former daughter-in-law's attorney in divorce proceeding. Affirmed. Elizabeth M. Yurevich, pro se. Newton Monroe Galloway, for Sandra Williams. DOYLE, Judge. [1] Elizabeth Yurevich, pro se, filed this action against her former daughter-in-law, Sandra Williams, seeking money allegedly ow... ZELBY v. WARNER, MAYOUE, BATES & NOLEN, P.C. , Ga.App., January 29, 2010 DOYLE, Judge. This case arises from a suit on account filed by the law firm of Warner, Mayoue, Bates & Nolen, P.C., ("the Firm") against David A. Zelby for services and expenses incurred during the Firm's representation of Zelby during a divorce action. The Firm filed a motion for summary judgment, and after a hearing on the motion, which Zelby failed to attend, the trial court granted the Firm's motion. Zelby appeals. For the reasons that follow, we affirm. Zelby argues that the trial cou... MATLOCK v. The STATE. , Ga.App., January 29, 2010 Holding: The Court of Appeals, Miller, C.J., held that evidence was sufficient to support conviction for rape. Affirmed. David Joseph Koontz, for Appellant. John Richard Edwards, Patrick H. Head, for Appellee. MILLER, Chief Judge. A jury found James Larry Matlock guilty of a single count each of aggravated child molestation (OCGA § 16-6-4(c)), rape (OCGA § 16-6-1(a)), and cruelty to children (OCGA § 16-5-70). Matlock appeals from the denial of his motion for new trial, claiming tha... In the Interest of D.M.K., a child. , Ga.App., January 29, 2010 DOYLE, Judge. The mother of D.M.K appeals the order terminating her parental rights, arguing that the juvenile court erred in determining that there was clear and convincing evidence (1) that the cause of D.M. K .'s deprivation was likely to continue, and (2) that continued deprivation of D.M.K. was likely to cause serious physical, emotional, mental, or moral harm. We affirm for the reasons that follow. The juvenile court conducts a two-prong analysis for determining whether parental righ... GUERRERO et al. v. McDONALD et al. , Ga.App., January 29, 2010 James G. Killough, for Guerrero et al. Theodore N. Stapleton, John R. Fornaciari, Robert M. Disch, for McDonald et al. DOYLE, Judge. Jeffery M. Guerrero, A.J. Concrete Services, Inc., Olympic Concrete Pumping Inc., and A.J. Concrete Pumping, Inc., (collectively "Guerrero") retained James L. McDonald and Reznick, Fedder & Silverman, an accounting firm, (collectively "McDonald") to represent them in appeals to the Internal Revenue Service ("IRS"). Guerrero subsequently filed suit against... The STATE v. PITTMAN. The State v. Collins. , Ga.App., January 29, 2010 BLACKBURN, Presiding Judge. In this criminal action alleging RICO [FN1] violations, the State in its appeal of the trial court's grant of defendants' special demurrer argues that the 13-page indictment adequately alleged the elements of the two RICO counts. Because the indictment set forth sufficient detail to withstand the special demurrer, we reverse. FN1.OCGA § 16-14-4(a), (c). In reviewing a ruling on a special demurrer, we apply a de novo standard of review because it is a q... The STATE v. DAMATO. , Ga.App., January 29, 2010 JOHNSON, Presiding Judge. In this case, the state appeals the trial court's order finding the officer did not have probable cause to arrest Maria Damato and granting Damato's motion to suppress the result of a state-administered breath test. Because we find no error, we affirm the trial court's order. When reviewing a trial court's order on a motion to suppress, we must construe the evidence most favorably to uphold the findings and judgment of the trial court, and we review de novo the tr... MCG HEALTH, INC. v. WHITFIELD et al. , Ga.App., January 28, 2010 James S.V. Weston, for MCG Health, Inc. John Michael Brown, Thurbert E. Baker, Kimberly Blue Lewis, for Whitfield et al. SMITH, Presiding Judge. When Frank Whitfield was discharged from his position as a mental health technician for MCG Health Inc. (MCG), he applied for unemployment benefits. An administrative hearing officer (AHO) with the Georgia Department of Labor (the department) found that Whitfield did not qualify for benefits because he was discharged for displaying inappropria... CLARK v. The STATE. , Ga.App., January 28, 2010 Robert L. Clark, pro se. Donald N. Wilson, Craig Edward Miller, for Appellee. PHIPPS, Judge. Following a jury trial, Robert Clark was convicted of rape, aggravated assault, false imprisonment, and battery. He appeals his judgment of conviction pro se, contending that the special presentment brought against him by the grand jury was defective; [FN1] that the court erred in failing to quash the special presentment for a fatal variance between its allegations and the trial evidence; that... JONES v. The STATE. , Ga.App., January 27, 2010 William J. Mason, for Appellant. Julia Anne Fessenden Slater, Robert Bradford Bickerstaff II, for Appellee. BLACKBURN, Presiding Judge. Following a bench trial, Wesley Jones appeals his conviction of armed robbery [FN1] of a restaurant and of possession of a firearm during the commission of a crime, [FN2] challenging the sufficiency of the evidence and arguing that the State failed to show he waived his right to a jury trial knowingly and intelligently. We hold that some evidence corr... DAVIS v. The STATE. , Ga.App., January 27, 2010 BLACKBURN, Presiding Judge. Following a stipulated bench trial, Russell Anthony Davis appeals his conviction for possessing cocaine [FN1] and for driving while cocaine was in his blood. [FN2] His sole enumeration of error is that the trial court erred in denying his motion to suppress the cocaine found in his pants pocket during a pat-down of his person. We agree with the trial court that under the inevitable discovery doctrine, the cocaine would have been found once Davis was arrested for D... HAGGARD v. The STATE. , Ga.App., January 26, 2010 BLACKBURN, Presiding Judge. Following a jury trial, David Haggard appeals his conviction for trafficking in methamphetamine and other drug-related offenses, raising two enumerations of error. First, he challenges the sufficiency of the evidence, and second, he argues the trial court abused its discretion in restricting his cross-examination of a rebuttal witness. We hold that the evidence sufficed to sustain the conviction and that Haggard waived any complaint about the court's denying him pe... SMITH v. The STATE. , Ga.App., January 26, 2010 Jason W. Swindle, for Appellant. James David McDade, for Appellee. BLACKBURN, Presiding Judge. Following a jury trial, Darrell Demand Smith was convicted of a single count each of trafficking in cocaine [FN1] and possession of a firearm by a convicted felon. [FN2] He now appeals from the denial of his motion for a new trial, asserting that the trial court erred by admitting into evidence: (1) an undercover videotape made by a now-deceased police informant; (2) hearsay testimony regard... In the Interest of T. V., et al., children. , Ga.App., January 26, 2010 Angela Mary Kinley, for Appellant. Thurbert E. Baker, Shalen S. Nelson, Kristin Wedean Jahn, Elizabeth M. Williamson, for Appellee. BLACKBURN, Presiding Judge. The mother of Tah. V., Tan. V., Te. V., and The. V. appeals from an order of the juvenile court finding the children to be deprived and continuing their temporary custody in the Gwinnett County Department of Children and Family Services ("the Department"), asserting that there was insufficient evidence to support that order. Fi... WILLIAMSON v. WILLIAMSON. , Ga.App., January 26, 2010 JOHNSON, Presiding Judge. This is an interlocutory appeal from the trial court's denial of a mother's motion to compel paternity testing of her child's legal father. For the reasons that follow, we affirm the judgment of the trial court. Cynthia and Clinton Williamson married in 1996. Cynthia Williamson bore a child in January 2004, while the couple was still married. In November 2005, the Williamsons separated and, in May 2006, Cynthia Williamson filed for divorce. In her complaint, she a... WRIGHT v. The STATE. , Ga.App., January 26, 2010 ELLINGTON, Judge. A Floyd County jury found Japhus Wright guilty of possession of cocaine with the intent to distribute, OCGA § 16-13-30(b), and possession of marijuana, OCGA § 16-13-2(b). Wright appeals from the denial of his motion for new trial, contending that the evidence adduced was insufficient to prove his convictions beyond a reasonable doubt. Finding no error, we affirm. When a criminal defendant challenges the sufficiency of the evidence supporting his or her conviction, "the re... WRIGHT v. The STATE. , Ga.App., January 26, 2010 Marvin Jack Wright, for Appellant. Daniel J. Porter, Jimmie Eldridge Baggett Jr., for Appellee. BLACKBURN, Presiding Judge. In 1995, Marvin Jack Wright pled guilty to a single count each of burglary, aggravated assault, false imprisonment, rape, aggravated sodomy, kidnapping, obstruction of a law enforcement officer, criminal damage to property in the first degree, and possession of a firearm during the commission of a felony, and was convicted of the same. The trial court sentenced hi... BLUE MARLIN DEVELOPMENT, LLC v. BRANCH BANKING & TRUST COMPANY. , Ga.App., January 26, 2010 Karen Fagin White, for Blue Marlin Development, LLC. James A. Gober, for Branch Banking & Trust Company. MILLER, Chief Judge. Following its February 19, 2009 hearing in this case, the trial court confirmed the non-judicial foreclosure sale of 12.373 acres of unimproved land owned by Blue Marlin Development, Inc. ("Blue Marlin") to Branch Banking & Trust ("BB & T"). In doing so, the trial court found that BB & T had proved, by a preponderance of the evidence, that the true market value ... KENNEDY v. The STATE. , Ga.App., January 26, 2010 Dana E. Kennedy, pro se. Larry Chisolm, Thomas M. Cerbone, for the State. BERNES, Judge. Dana E. Kennedy entered into a negotiated guilty plea on two counts of burglary and was sentenced as a recidivist. On appeal, he argues that the trial court erred in sentencing him under the general recidivist provisions of OCGA § 17-10-7(c) [FN1], as opposed to the specific recidivist provisions of OCGA § 16-7-1(b). [FN2] We affirm. FN1.OCGA § 17-10-7(c) provides, in pertinent part, ... CHALIFOUX v. The STATE. , Ga.App., January 26, 2010 Louis Chalifoux, pro se. J. David Miller, Laura Anderson Wood, for Appellee. BERNES, Judge. Following a jury trial, Louis Chalifoux was convicted of two counts of child molestation. The trial court sentenced Chalifoux to 15 years to serve on the first count, and 15 years on the second count, 5 years to serve and 10 years on probation. The sentences were ordered to run consecutively. Chalifoux argues on appeal that his convictions should have merged, thus rendering his sentence void. We... GRAYROBINSON, P.A. v. SMITH et al. , Ga.App., January 26, 2010 ANDREWS, Presiding Judge. We granted an application for an interlocutory appeal by GrayRobinson, P.A., a Florida law firm and the defendant in plaintiffs' refiled action for legal malpractice, fraud, and other claims. GrayRobinson argues that the trial court erred when it denied its motion to dismiss the refiled action after it had dismissed the original action on the ground that Georgia was not a convenient forum. GrayRobinson also argues that plaintiffs' state RICO claims are precluded and ... In the Matter of William Henry TOLER. , Ga., January 25, 2010 William Henry Toler, III, Atlanta, GA, pro se. PER CURIAM. This disciplinary matter is before the Court pursuant to two special master reports which recommend that we accept William Henry Toler's two amended petitions for voluntary discipline. In 2003, this Court suspended Toler from the practice of law for one year for violating Rules 1.3, 3.2, 3.5(c), and 8.4(a)(4) of the Georgia Rules of Professional Conduct as found in Bar Rule 4-102(d). In the Matter of William Henry Toler III, 276 G... HOOD v. The STATE. , Ga.App., January 25, 2010 Eric J. Taylor, for Appellant. Paul L. Howard Jr. and Stephany Julissa Luttrell, for Appellee. DOYLE, Judge. A Fulton County jury found Eugene Hood guilty of possession of cocaine with intent to distribute within 1,000 feet of a housing project [FN1] and three counts of trafficking in cocaine. [FN2] In a single enumeration of error, Hood argues on appeal that the trial court erred by denying his motion for mistrial after the State impermissibly placed his character in evidence when a ... HALL v. LANCE. Lance v. Hall. , Ga., January 25, 2010 HUNSTEIN, Chief Justice. A jury convicted Donnie Cleveland Lance of two counts of murder and of related crimes in connection with the deaths of his ex-wife, Sabrina "Joy" Lance, and her boyfriend, Dwight "Butch" Wood, Jr. The jury sentenced Lance to death for each of the murders, and this Court affirmed his convictions and sentences unanimously. Lance v.. State, 275 Ga. 11 (560 S.E.2d 663) (2002). Lance filed a petition for a writ of habeas corpus on May 29, 2003, and he amended the petition ... BROUGHTON v. DOUGLAS COUNTY BOARD OF ELECTIONS et al. Quarterman v. Douglas County Board of Elections et al. , Ga., January 25, 2010 CARLEY, Presiding Justice. In the general election held in Douglas County on November 4, 2008, James Quarterman was a candidate for Chairman of the Board of Commissioners, and Derrick T. Broughton was a candidate for Sheriff. On November 7, the Chairman of the Douglas County Board of Elections and Registration signed a consolidated certification of election returns, which showed that Quarterman and Broughton (Appellants) lost their respective races. The Secretary of State received that certif... WRIGHT v. The STATE. , Ga.App., January 25, 2010 Judson L. Green IV, for Appellant. Louie Craig Fraser, Robert Brandon Faircloth, for Appellee. MILLER, Chief Judge. A jury found Rico Wright guilty of two counts of aggravated assault (OCGA § 16-5-21(a)(2)). Following the denial of his motion for new trial, as amended, Wright appeals, challenging the sufficiency of the evidence and arguing that the trial court erred in admitting similar transaction evidence, hearsay evidence and testimony about the victim's pre-trial identification of... SURH v. The STATE. , Ga.App., January 25, 2010 DOYLE, Judge. Taemin Surh appeals the denial of his motion in autrefois convict and plea of double jeopardy. We affirm, for reasons that follow. In reviewing a trial court's ruling on a plea in bar, "where the evidence is uncontroverted and no question regarding the credibility of witnesses is presented, as here, we review de novo the trial court's application of the law to the undisputed facts." [FN1] Here, the undisputed evidence shows that on March 24, 2007, Surh was arrested and charg... MORGAN v. The STATE. , Ga.App., January 25, 2010 Benjamin David Goldberg, Michael Robert McCarthy and Jimmonique R.S. Rodgers, for Appellant. Kermit Neal McManus and Susan Alexandra Beck, for Appellee. DOYLE, Judge. Following a jury trial, John Russell Morgan was convicted of kidnapping, [FN1] kidnapping with bodily injury, [FN2] family violence aggravated assault, [FN3] and false imprisonment. [FN4] Morgan appeals, arguing that the trial court erred by (1) refusing to give his requested charge on justification; (2) denying his moti... STEPHENS et al. v. ALAN v. MOCK CONSTRUCTION CO., INC. et al. , Ga.App., January 25, 2010 Randall Arthur Schmidt, for Appellant. Jason Pedigo, Lee Carter Mundell, Edward Reidar Stabell III, Christopher N. Shuman, for Appellee. BERNES, Judge. After mold infested their home, Horace and Jennifer Stephens filed a claim under their homeowners insurance policy with Liberty Mutual Fire Insurance Company. To remediate the mold, Liberty Mutual hired Alan V. Mock Construction Company, which in turn sub-contracted some of the work to a sister company, Ser-Clean, Inc. [FN1] After a di... CONYERS v. The STATE. , Ga.App., January 25, 2010 Glynn Richard Stepp, for Appellant. Daniel J. Porter, Robby Alexander King, for Appellee. MILLER, Chief Judge. A jury convicted Jerome Conyers of a single count of possession of cocaine (OCGA § 16-13-30(a)). Following the denial of his motion for new trial, as amended, Conyers appeals, challenging (i) the sufficiency of the evidence; (ii) the trial court's admission of similar transaction evidence; and (iii) the effectiveness of counsel based on trial counsel's failure to object to the... MARCIA-HERNANDEZ v. The STATE. , Ga.App., January 25, 2010 Sharon Lee Hopkins, for Marcia-Hernandez. Daniel J. Porter and Lisa Ann Jones, for The State. Doyle, Judge. Alexander Marcia-Hernandez was charged with criminal attempt to commit armed robbery [FN1] and aggravated assault. [FN2] A Gwinnett County jury found him guilty of both counts, and he was sentenced to serve ten years. Marcia-Hernandez appeals, arguing that the trial court erred by allowing the State to introduce hearsay testimony. We affirm, for reasons that follow. FN1.... FORTSON v. BROWN et al. , Ga.App., January 25, 2010 DOYLE, Judge. Major Fortson, proceeding pro se both below and on appeal, filed a complaint appearing to allege tortious interference with contractual relations against Clifford Brown and Brown's employer, Regions Bank (collectively "Appellees"). The Superior Court of Habersham County granted summary judgment to the Appellees, finding that Fortson had failed to provide any admissible evidence to support his claim. Fortson appeals the grant of summary judgment, and we affirm, for the following ... McGILL v. The STATE. , Ga.App., January 25, 2010 Jimmonique R.S. Rodgers, for Appellant. Gwendolyn Keyes Fleming and Leonora Grant, for Appellee. ANDREWS, Presiding Judge. On appeal from his conviction for rape and aggravated sexual battery, Leon McGill argues that the trial court erred in its handling of testimony. We find no error and affirm. "On appeal from a criminal conviction, we view the evidence in the light most favorable to the verdict, with the defendant no longer enjoying a presumption of innocence." Reese v. State, 27... SCOTT v. The STATE. , Ga.App., January 25, 2010 Christopher David Elrod, for Scott. Richard King Bridgeman, for The State. BLACKBURN, Presiding Judge. Following a jury trial, Antonio Scott appeals his conviction on six counts of aggravated assault [FN1] and one count of aggravated battery, [FN2] challenging the sufficiency of the evidence and arguing that the trial court erred in failing to merge the aggravated-assault counts and that the prosecutor acted arbitrarily in withdrawing a plea offer. Discerning no error, we affirm. ... LOVE v. The STATE. , Ga.App., January 25, 2010 Blackburn, Presiding Judge. Following a jury trial, Nolan Love was convicted on one count of burglary [FN1] and one count of misdemeanor criminal trespass. [FN2] He appeals his convictions and the denial of his motion for new trial, arguing that the trial court erred in (i) allowing testimony that impermissibly placed his character into evidence, (ii) allowing the State to impeach his testimony with his prior convictions, despite the prejudicial effect of those convictions outweighing their ... In the Matter of Sylvia Ann MARTIN. , Ga., January 25, 2010 PER CURIAM. This disciplinary matter is before the Court on Sylvia Ann Martin's petition for voluntary discipline, in which she seeks the imposition of a Review Panel reprimand for her violation of Rule 8.4(a)(4) of the Georgia Rules of Professional Conduct, see Bar Rule 4-102(d). The State Bar has filed a response expressing no objection to the petition. The grievance initiating this action was filed by Martin's husband's former business partner. In September 2008 Martin's husband used hi... In the Matter of Marcus L. VICKERS. , Ga., January 25, 2010 PER CURIAM. This disciplinary matter is before the Court on Marcus L. Vickers' petition seeking voluntary suspension of his license pending the outcome of an appeal of his criminal convictions. See Bar Rule 4-106(f)(1). Because we agree that such a suspension is appropriate, we accept Vickers' petition. On August 21, 2009, Vickers was convicted of three felonies in the United States District Court for the Northern District of Georgia, Atlanta Division. Vickers, who has been a member of the... In the Matter of Steven E. ZAGORIA. , Ga., January 25, 2010 PER CURIAM. This disciplinary matter is before the Court on Steven E. Zagoria's petition for voluntary discipline, in which he agrees to punishment ranging from a one-year suspension to disbarment for his theft of funds from his former employer. The State Bar seeks disbarment. The record shows that over a period of three years, while Zagoria was employed with a law firm, he forged the signature of one of the firm's principals on checks payable to the firm for attorney's fees and deposited ... JACKSON v. The STATE. , Ga., January 25, 2010 NAHMIAS, Justice. The Court of Appeals affirmed the trial court's denial of Anthony Otto Jackson's pro se motion to vacate void judgment with respect to his 1996 convictions for armed robbery, burglary, and false imprisonment and his sentence. Jackson notified the Clerk of the Court of Appeals that he had been transferred to a different prison, but the Clerk continued to send correspondence to him at his old address. As a result, by the time Jackson received the Court of Appeals' opinion, the... JULIUS v. The STATE. , Ga., January 25, 2010 MELTON, Justice. Following a jury trial, Sabon Allen Julius appeals his convictions for murder, felony murder, aggravated assault, and possession of a weapon during the commission of a felony, contending that the evidence was insufficient to support the verdict. For the reasons set forth below, we affirm. [FN1] FN1. On November 29, 2006, Julius was indicted in Gwinnett County for murder, felony murder, aggravated assault, and two counts of possession of a weapon during the commission of a fel... The STATE v. SMITH. , Ga., January 25, 2010 HINES, Justice. We granted certiorari to the Court of Appeals in Smith v. State, 297 Ga.App. 300 (676 S.E.2d 750) (2009), to consider whether an individual afforded the protections of OCGA §§ 17-7-52 [FN1] and 45-11-4 [FN2] is entitled to specific notice of when the proposed indictment will be presented to the grand jury. We conclude that notice of the specific time and place of the grand jury presentment is required to be provided to the accused by the State. FN1.OCGA § 17-7-52 provi... LOADHOLT v. The STATE. , Ga., January 25, 2010 THOMPSON, Justice. Oliver Loadholt was convicted and sentenced for malice murder, possession of a firearm during the commission of a felony, and possession of a firearm by a convicted felon in connection with the shooting death of Michael Webb. [FN1] He appeals from the denial of his motion for new trial claiming that he was denied effective assistance of trial counsel, that the trial court erred in instructing the jury, and that he was prejudiced by inordinate delay between conviction and ap... EAST GEORGIA LAND AND DEVELOPMENT COMPANY, LLC v. BAKER et al. , Ga., January 25, 2010 CARLEY, Presiding Justice. The minutes of the May 21, 1985 meeting of the Newton County Board of Commissioners show that a new zoning ordinance was adopted. In 1997, East Georgia Land and Development Company, LLC (EGL) requested a letter verifying that its proposed landfill complied with the local zoning ordinance. See OCGA § 12-8-24(g). The County refused to issue the letter, on the ground that the landfill was not a permitted use under the 1985 zoning ordinance. EGL sought mandamus to compe... ZACKERY v. The STATE. , Ga., January 25, 2010 HINES, Justice. Richard Zackery appeals the denial of his motion for new trial following his convictions for malice murder, armed robbery, and aggravated assault, all in connection with the fatal shooting of Travis Harris and the pistol beating of Marvin Thurman. Zackery challenges the sufficiency of the evidence of his guilt and certain comments by the prosecutor in opening statement. Finding the challenges to be without merit, we affirm. [FN1] FN1. The crimes occurred on December 8, 2002. O... MORELAND v. The STATE. , Ga., January 25, 2010 THOMPSON, Justice. Defendant was convicted of felony murder and this Court affirmed his conviction on appeal. Moreland v. State, 279 Ga. 641 (619 S.E.2d 626) (2005). Thereafter, defendant filed several motions, including a "motion to address against void judgment" in which he argued that the indictment was void. Citing Williams v. State, 283 Ga. 94 (656 S.E.2d 144) (2008), which pre- dated Chester v. State, 284 Ga. 162 (664 S.E.2d 220) (2008), the trial court dismissed defendant's motions on ... BRIDGES v. The STATE. , Ga., January 25, 2010 MELTON, Justice. This is the second appearance of this case before this Court. In Bridges v. State, 279 Ga. 351 (613 S.E.2d 621) (2005), we found that the evidence overwhelmingly supported Roy Bridges' dual convictions for murder, but we remanded the case to the trial court solely to consider Bridges' timely- raised allegations of ineffective assistance of counsel. In our prior opinion, we set forth the facts of this case as follows: On December 27, 1997, the severely beaten body of [Bri... ALLEN v. The STATE. , Ga., January 25, 2010 BENHAM, Justice. Appellant Eugene Markeith Allen was convicted of and sentenced for the felony murder of Raheem Wilson (with aggravated assault of Wilson serving as the predicate felony), the aggravated assaults of Brandon Smalls and Daniel Johnson, and three counts of possession of a firearm during the commission of a crime. [FN1] On appeal, Allen maintains he was not afforded effective assistance of counsel and challenges the sufficiency of the evidence and several evidentiary rulings. Find... LAWRENCE v. The STATE. , Ga., January 25, 2010 MELTON, Justice. Following a jury trial, Roosevelt Lawrence was convicted of malice murder and possession of a firearm during the commission of a crime relating to the shooting death of Mason Harper. [FN1] Lawrence contends on appeal that the evidence was insufficient to support the verdict, that his trial counsel was ineffective, and that the trial court erred by failing to give his requested jury instruction on voluntary manslaughter. We affirm. FN1. On December 1, 2006, Lawrence wa... COOK v. The STATE. , Ga., January 25, 2010 Suellen Fleming, Franklin, for Appellant. Thurbert E. Baker, A.G., Department of Law, Atlanta, Lynda S. Caldwell, A.D.A., Peter J. Skandalakis, D.A., Lagrange, for Appellee. HINES, Justice. Terry O'Neal Cook appeals the denial of his motion for new trial and his convictions for malice murder, aggravated assault, and possession of a firearm during the commission of a felony in connection with the fatal shooting of Edward Lewis Mitchell and the wounding of Alex Lashawn Dunnum and Christo... ROGERS v. The STATE. , Ga., January 25, 2010 BENHAM, Justice. The Dekalb County grand jury returned a true bill of indictment in August 2007 that charged appellant Eric Rogers with malice and felony murder in connection with both the 1991 death of Mark Birmingham and the 1995 death of Darnell Patterson. This direct appeal follows the trial court's denial of appellant's amended motion for discharge and acquittal in which appellant sought relief pursuant to OCGA § 17-10-171(b) (statutory speedy-trial provision) and his constitutional righ... SETLOCK v. SETLOCK et al. , Ga., January 25, 2010 MELTON, Justice. Steven Setlock and his father, Eugene Setlock, entered an alleged oral agreement to purchase a lake house property located in Blairsville, Georgia ("Lake House"). The agreement provided for Eugene to pay $150,000 of the $203,250 purchase price. Steven was to finance the remainder and pay the monthly mortgage payments, taxes, and insurance on the property. Despite the alleged oral agreement for the parties to purchase the property together, title to the property was acquired s... FUTCH v. The STATE. , Ga., January 25, 2010 HINES, Justice. Jason William Futch appeals the denial of his motion for new trial following his convictions for felony murder and possession of a firearm during the commission of a felony, in connection with the fatal shooting of Michael Weaver. His sole challenge is that his trial counsel was ineffective. Finding that the challenge is without merit, we affirm. [FN1] FN1. The crimes occurred on August 16, 2003. On March 26, 2004, a Fulton County grand jury returned an eight-count indictment ... JACKSON v. BITTICK et al. , Ga., January 25, 2010 CARLEY, Presiding Justice. Curtis Jackson was arrested, released on bond, and indicted for theft by receiving stolen property. When he failed to appear for trial, the trial court issued a bench warrant and bond forfeiture. Jackson was arrested and returned to jail. He subsequently filed a motion to lift the bench warrant and reinstate the bond, which the trial court denied. Less than three weeks before the rescheduled trial, Jackson filed a pro se petition for writ of habeas corpus, primar... BALL v. The STATE. , Ga., January 25, 2010 BENHAM, Justice. Appellant Antwann Paquila Ball is serving a sentence of life imprisonment, having been convicted in 2004 of malice murder and possession of a firearm during the commission of a felony. The judgment of conviction was affirmed on appeal in Brooks et al. v. State, 281 Ga. 14 (635 S.E.2d 723) (2006). In 2007, appellant filed a motion to vacate a void judgment pursuant to OCGA § 17-9-4, and the trial court dismissed appellant's motion on the ground that the incarcerated appellant ... HALL v. STATE. , Ga., January 25, 2010 BENHAM, Justice. Appellant Joseph Hall, Jr., appeals his conviction for malice murder, aggravated assault, theft by taking, and financial transaction card theft in relation to the death of David Cook. [FN1] FN1. The victim David Cook was found dead in his condominium apartment on April 10, 2002. Appellant and Edward McCloud were indicted by the Fulton County grand jury on June 4, 2002. Their joint trial was held on June 16 to 20, 2003, and both were found guilty and sentenced to life for mali... ROBERTS v. The STATE. , Ga., January 25, 2010 THOMPSON, Justice. Victor Roberts was convicted of the 1983 murder of Mary Jo Jenkins and sentenced to death. His conviction and sentence were affirmed by this Court. Roberts v. State, 252 Ga. 227 (314 S.E.2d 83) (1984). Roberts was granted full habeas corpus relief in federal court, however, and his case was returned to the trial court for retrial. While awaiting retrial, Roberts entered into an agreement with the State in which the State agreed to waive the death penalty and Roberts agreed ... WESLEY v. The STATE. , Ga., January 25, 2010 HUNSTEIN, Chief Justice. Rufus Wesley was convicted of malice murder and related crimes arising out of the shotgun shooting of Michael Cooper. He appeals from the denial of his motion for new trial [FN1] asserting that the trial court erred by admitting improper character evidence and by finding that he received effective assistance of trial counsel. For the reasons that follow, we affirm. FN1. The crimes occurred on August 1, 2004. Wesley was indicted May 30, 2006 in Fulton County o... COLEY v. CHASTEEN et al. , Ga., January 25, 2010 HUNSTEIN, Chief Justice. The judgment of the court below is affirmed without opinion pursuant to Supreme Court Rule 59. Affirmed without opinion. All the Justices concur. LAMBERT v. The STATE. Schaub v. The State. , Ga.App., January 21, 2010 MIKELL, Judge. Candice A. Lambert and her mother, April L. Schaub, were convicted in a joint trial of theft by taking. The trial court sentenced each defendant to eight years on probation, but ordered Schaub to serve the first ninety days in jail. On appeal from the orders denying their respective motions for new trial, each defendant contends that the evidence is insufficient to support her conviction. We disagree and affirm both convictions, consolidating the appeals for disposition in a si... SHIN v. ESTATE OF CAMACHO et al. , Ga.App., January 21, 2010 Paul L. Groth, for Ki Soo Shin. Charles Henry McAleer, for Estate of Stacey Camacho. ELLINGTON, Judge. On July 3, 2005, Seung Park, while intoxicated, drove away from a party at the home of Ki Soo Shin, ran a red light, and crashed his van into the car that Stacey Camacho was driving, fatally injuring Stacey Camacho and injuring her minor son, Jacob. The estate of Stacey Camacho and Jesus Camacho as Jacob Camacho's next friend ("the Camachos") brought this dram shop action against Shin... GEORGIA DEPARTMENT OF REVENUE v. ROOF et al. , Ga.App., January 21, 2010 Holding: The Court of Appeals, Andrews, P.J., held that action was barred on sovereign immunity grounds. Reversed. Thurbert E. Baker, Warren R. Calvert, Frances Conway Mulderig, for Appellant. Robert J. Proctor, Cristine Lise Patterson, Seth David Kirschenbaum, Robert B. Remar, Thomas Joseph Mew IV, David M. Baxter, William Bradley Carver, Robert J. Middleton Jr., Christopher Scott Anulewicz, Thomas M. Byrne, for Appellee. ANDREWS, Presiding Judge. Plaintiff William A. Roof and ot... HAWKINS v. The STATE. , Ga.App., January 21, 2010 ELLINGTON, Judge. A Gwinnett County jury found Jeron Hawkins guilty beyond a reasonable doubt of criminal trespass, OCGA § 16-7-21(b)(1); burglary, OCGA § 16-7- 1(a); and unlawful eavesdropping and surveillance, OCGA § 16-11-62(3). He appeals from the denial of his motion for new trial, contending that the evidence was insufficient to support his conviction for unlawful eavesdropping and surveillance, that his convictions for criminal trespass and burglary were based upon the same act and sho... BONNER v. The STATE. , Ga.App., January 20, 2010 Lark Noelle Bedrick, for appellant. Howard Zachary Simms, Gregory Warren Winters, for appellee. PHIPPS, Judge. Fifteen-year-old Terrance Dewayne Bonner was indicted in superior court for armed robbery and possession of a firearm during the commission of a crime. He moved to dismiss the indictment on the ground that the prosecution was barred by double jeopardy because he previously had been adjudicated delinquent in juvenile court for the acts alleged in the indictment. The superior co... ROGERS v. The STATE. , Ga.App., January 20, 2010 Wystan Brennan Getz, for Rogers. Daniel J. Porter, for The State. ELLINGTON, Judge. A Gwinnett County jury found Dominic Rogers guilty of possession of more than one ounce of marijuana in violation of OCGA § 16-13-30(j). Rogers appeals from the denial of his motion for new trial, contending that the evidence adduced was insufficient to support his conviction, that the trial court gave erroneous jury instructions, and that his trial counsel was ineffective. Because the evidence adduced ... SCRUGGS v. PALISADES ACQUISITION XVI, LLC. , Ga.App., January 20, 2010 Mr. Rick Scruggs, pro se. Christopher James Diwan, Jennifer Hubbard, Richard A. Russell, Lavern Martrell Ferdinand, Connell Andrew Loftus, for Palisades Acquisition XVI, LLC. ADAMS, Judge. Palisades Acquisition XVI, LLC., as assignee of Citibank, brought a suit on an account against Rick Scruggs. Scruggs, proceeding pro se, answered and counterclaimed, and then subsequently filed an amended answer, counterclaim and cross-claim. The counterclaim was based, inter alia, on alleged violat... JONES v. The STATE. , Ga.App., January 20, 2010 PHIPPS, Judge. In 1999, Bruce Jones pled guilty to and received a ten-year probated sentence for possession of marijuana with intent to distribute. In 2009, he filed several pro se motions in which he asserted that his sentence was void because it was improperly enhanced by a prior conviction, that the imposition of the 1999 sentence violated his due process rights, that he did not receive a fair trial, and that both the 1999 judgment and the prior conviction should be reversed. Again pro se,... BARR v. The STATE. , Ga.App., January 20, 2010 BLACKBURN, Presiding Judge. Following a bench trial, Breon Barr appeals his conviction for trafficking in cocaine. [FN1] He challenges the sufficiency of the evidence and further contends that he neither knowingly waived his right to a jury trial nor received effective assistance of counsel. We hold that the evidence sufficed to sustain the finding of guilt and that evidence further supported the trial court's findings that Barr knowingly waived his right to a jury trial and received effectiv... LAMB et al. v. JAVED et al. , Ga.App., January 19, 2010 Kimberly Waters Grant, L. Lin Wood Jr., for Appellant. Hunter S. Allen Jr., Ashley Dianne Phillips, for Appellee. PHIPPS, Judge. Ronald and Mary Lamb challenge the judgment entered upon the jury's verdict against them in this medical malpractice case, complaining that the case was transferred and then adjudicated out of their preferred venue. For reasons that follow, this appeal is dismissed. In 2003, the Lambs filed their action in Fulton County Superior Court against Tariq Javed, ... EVANS v. The STATE. , Ga.App., January 14, 2010 Mary Erickson, for Evans. James David McDade, Paige Elizabeth Boorman, for The State. MILLER, Chief Judge. In State v. Evans, 285 Ga. 67, 673 S.E.2d 243 (2009), the Supreme Court of Georgia reversed the judgment of this Court in Evans v. State, 288 Ga.App. 304, 653 S.E.2d 503 (2007). Therefore, we vacate our earlier opinion and adopt the opinion of the Supreme Court as our own. Judgment affirmed. TAYLOR v. The STATE. , Ga.App., January 14, 2010 Holdings: The Court of Appeals, Johnson, P.J., held that: (1) sufficient evidence existed to support conviction for theft by extortion; (2) photographic lineup was not unduly suggestive; and (3) any alleged error regarding photographic lineup was harmless. Affirmed. Patricia Fontaine Angeli, for Appellant. Tracy Graham Lawson, Dawn Marie Belisle-Skinner, for Appellee. JOHNSON, Presiding Judge. A jury found Reonoppoliss Desdontate Taylor guilty of theft by extortion, the... WESTERN SURETY COMPANY et al. v. APAC-SOUTHEAST, INC. , Ga.App., January 14, 2010 Holdings: The Court of Appeals, Andrews, P.J., held that: (1) subcontract was subject to Uniform Commercial Code (UCC), and thus consequences of subcontractor's assignment would be determined by UCC; (2) subcontractor's refusal to abide by anti-assignment clause of subcontract constituted repudiation of contract amounting to anticipatory breach; (3) subcontractor could assert claim on payment bond under Little Miller Act against sureties; and (4) sureties consented to delegation of ... In the Interest of K.B. , Ga.App., January 14, 2010 Curtis Wayne Miller, for Appellant. Thurbert E. Baker, Shalen S. Nelson, Robert Edward Hall, Kathryn Ann Fox, for Appellee. BARNES, Judge. The mother of K.B. appeals a juvenile court order adjudicating the child deprived and granting temporary custody to the Department of Family and Children Services (DFCS), arguing that the court's deprivation finding was based solely on hearsay evidence. For the reasons that follow, we affirm the juvenile court. On December 14, 2008, DFCS responde... M & M MORTGAGE COMPANY, INC. et al. v. GRANTVILLE MILL, LLC et al. , Ga.App., January 14, 2010 Louis Paul Owens III, for Appellants. Peter Alexander Durham, for Appellees. ANDREWS, Presiding Judge. M & M Mortgage Co, Inc., a commercial mortgage broker, sued Grantville Mill, LLC claiming that Grantville breached a written contract to pay M & M a brokerage fee to obtain Grantville a loan in the amount of at least $2,500,000.00 to be secured by real property owned by Grantville. M & M also named various individuals as defendants based on personal guaranties of the brokerage fee. [F... SEWELL v. The STATE. , Ga.App., January 14, 2010 Steven Eric Phillips, for Appellant. Peggy Ann Katz, Paul L. Howard Jr., for Appellee. ANDREWS, Presiding Judge. George Sewell appeals from the judgment entered after a jury found him guilty of rape, aggravated sexual battery, and sexual assault. After reviewing the record, we conclude there was no error and affirm. On appeal from a criminal conviction, the evidence must be viewed in the light most favorable to the verdict and the defendant no longer enjoys the presumption of innoce... JONES v. The STATE. , Ga.App., January 14, 2010 Holding: The Court of Appeals, Adams, J., held that defendant's motion to correct a valid sentence on procedural grounds was not reviewable outside the statutory time period during which a court may correct or reduce a sentence. Appeal dismissed. Timothy Deshawn Jones, pro se. Julia Anne Fessenden Slater, Elisha Wayne Jernigan Jr., Kristy Waldron Dugan, for the State. ADAMS, Judge. Timothy Jones appeals from the denial of his motion to correct a void sentence. In July 1999, Jone... STRICKLAND v. The STATE. , Ga.App., January 14, 2010 MILLER, Chief Judge. A Treutlen County jury convicted Martavis Strickland of a single count of distribution of cocaine (OCGA § 16-13-30(b)). Following the denial of his motion for new trial, Strickland now appeals, arguing that the trial court erred in (i) failing to sustain his objection to lay opinion testimony identifying him on a surveillance videotape and (ii) denying his motion for directed verdict based on sufficiency of the evidence. Given that the State's identification witness had p... EVANS v. The STATE. , Ga.App., January 14, 2010 Mary Erickson, for Appellant. James David McDade and Paige Elizabeth Boorman, for Appellee. MILLER, Chief Judge. In State v. Evans, 285 Ga. 67 (673 S.E.2d 243) (2009), the Supreme Court of Georgia reversed the judgment of this Court in Evans v. State, 288 Ga.App. 304 (653 S.E.2d 503) (2007). Therefore, we vacate our earlier opinion and adopt the opinion of the Supreme Court as our own. Judgment affirmed. SANDIDGE, et al. v. TURNER, et al. , Ga.App., January 14, 2010 Leora Sandidge, pro se. Donald Ray Foster, Attorney for Appellee. PER CURIAM. The order of the trial court filed on December 15, 2008, granting Jeffery Turner's motion for summary judgment, and the order of the trial court filed on December 15, 2008, granting Last Chance Thrift Store (Morrow)'s motion to dismiss are affirmed in accordance with Court of Appeals Rule 36. Judgment affirmed. EVANS v. THE STATE. , Ga.App., January 14, 2010 (Court of Appeals Rule 4(b) and Rule 37(b), February 21, 2008) Miller, Chief Judge. In State v. Evans, 285 Ga. 67 (673 S.E.2d 243) (2009), the Supreme Court of Georgia reversed the judgment of this Court in Evans v. State, 288 Ga.App. 304 (653 S.E.2d 503) (2007). Therefore, we vacate our earlier opinion and adopt the opinion of the Supreme Court as our own. Judgment affirmed. Smith, P. J., and Barnes, J., concur. PATTERSON v. The STATE. , Ga.App., January 13, 2010 Jennifer Walker DeBaun, for Appellant. Andrea Dionne McGee and Robert D. James Jr., for Appellee. ADAMS, Judge. Jason Patterson appeals after he was found guilty in a bench trial on one count of driving under the influence of alcohol to the extent he was a less safe driver. Patterson argues on appeal that the evidence was insufficient to support his DUI conviction. We affirm. The evidence showed that on the morning of April 1, 2008, the DeKalb County Police Department received a rep... WERNER ENTERPRISES, INC. et al. v. STANTON et al. Werner Enterprises, Inc. et al. v. Padgett et al. , Ga.App., January 13, 2010 Grant Butler Smith, Zachary Spears Shewmaker, for Appellant. W. Carl Reynolds, Bradley J. Survant, Thomas F. Jarriel, for Appellee. SMITH, Presiding Judge. In these cases consolidated for appeal, we granted Liberty Mutual Insurance Company's (Liberty Mutual) applications for interlocutory review following the trial court's denial of its motions for summary judgment. Because the trial court erred in concluding that former OCGA § 46-7-12.1 authorized a direct action against an excess ins... GREENWOOD HOMES v. Larue LONG. , Ga.App., January 13, 2010 DOYLE, Judge. In Greenwood Homes, Inc. v. Long, [FN1] this Court reversed the denial of summary judgment to Greenwood Homes, Inc., against Larue Long in her renewal action against Greenwood Homes following her voluntary dismissal of an appeal to the superior court of a prior adverse decision by the magistrate court. [FN2] On writ of certiorari, the Supreme Court of Georgia reversed our decision and ruled that the trial court correctly denied summary judgment to Greenwood Homes in the renewal ... STOCKTON v. The STATE. , Ga.App., January 13, 2010 SMITH, Presiding Judge. In this out-of-time appeal, Antonio Stockton appeals from the trial court's order denying his motion to withdraw his plea of guilty to armed robbery and theft by taking. [FN1] He contends that he received ineffective assistance of counsel because his lawyer failed to investigate his mental competence before he pled guilty. Because the trial court did not conduct an evidentiary hearing to determine whether Stockton's plea was rendered involuntary based upon ineffective ... BUCKLEW v. The STATE. , Ga.App., January 13, 2010 Sharon Lee Hopkins, for Appellant. Daniel J. Porter, Richard Allen Vandever, for Appellee. SMITH, Presiding Judge. Roger Bucklew appeals from his convictions for aggravated child molestation and child molestation. In his sole enumeration of error, Bucklew argues the trial court erred by ordering him to wear a stun belt during the trial. The record, however, shows that he did not object to the trial court's order. His counsel's "failure to object at trial renders any argument as to this... CAROLINA v. The STATE. , Ga.App., January 13, 2010 Ronald Richard Parker, for Caroline. Joseph Kenneth Mulholland, William John Hunter, for the State. ADAMS, Judge. Appellant Silvester Carolina, Jr. was convicted by a jury of trafficking in cocaine and possession of marijuana with intent to distribute. He appeals, arguing the trial court erred by admitting the cocaine into evidence because the lab technician who tested the substance did not testify at trial and the testimony by a state crime lab supervisor concerning the results of the... BELCHER v. STATE. , Ga.App., January 13, 2010 ADAMS, Judge. Following a trial by jury, Roderick Belcher was convicted of felony possession of marijuana and possession of marijuana with intent to distribute. The two counts were merged for the purpose of sentencing. Following the denial of his motion for new trial, Belcher appeals and contends the State failed to prove chain of custody for the marijuana. He therefore challenges the introduction of that evidence as well as the sufficiency of the evidence in general. Construed in favor of... POTTER-MILLER v. REED. , Ga.App., January 13, 2010 SMITH, Presiding Judge. In her third attempt at an appeal in this attorney fee arbitration, Savannah Potter-Miller appeals an order granting Arthur Reed's motion to compel post-judgment discovery, an order of contempt for failure to obey that order, a confidentiality/protective order, and an order for a supersedeas bond. [FN1] To the extent they are properly before us, we affirm the trial court's rulings. FN1. The appeal was originally filed in the Supreme Court of Georgia, but it was... BERRY v. The STATE. , Ga.App., January 13, 2010 ADAMS, Judge. Willie Berry and Joseph Wright were tried jointly, and each was found guilty of aggravated assault for shooting one victim, aggravated assault for shooting at a second victim, aggravated battery regarding the first victim, armed robbery of both victims, and kidnapping of both victims. Following the denial of his motion for new trial, Berry appeals. [FN1] He contends the trial court erred by refusing to strike a juror for cause and that his trial counsel was ineffective. ... CARLETON v. The STATE. , Ga.App., January 13, 2010 Gerald Bernard Williams, for Appellant. Gregory W. Edwards, Christopher Stephen Cohilas, for Appellee. SMITH, Presiding Judge. Clayton Carleton appeals from two decisions of the trial court: his judgment of conviction and sentence on a guilty plea; and the trial court's refusal to consider his motion to withdraw his plea, alleging ineffective assistance of counsel. [FN1] The trial court correctly concluded that it had no jurisdiction to consider Carleton's motion to withdraw his guilty... HARP v. The STATE. , Ga.App., January 12, 2010 William J. Mason, for Appellant. Julia Anne Fessenden Slater, for Appellee. BERNES, Judge. A Taylor County jury found Davoris Harp guilty of two counts of armed robbery and two counts of possession of a firearm during the commission of a crime. On appeal, Harp contends that the evidence was only sufficient to convict him for one count of armed robbery and one count of possession of a firearm during the commission of a crime. We disagree. Viewed in the light most favorable to the jur... © 2010 West, a Thomson business Westlaw Integration Solutions  /  Westlaw.com