Billboard firm gets $1.25M for Fulton's delay

by Greg Land

Nine years after a billboard company submitted applications to Fulton County to place 22 billboards around the county, a jury has awarded KH Outdoor $1.25 million in damages to compensate for revenue lost while the county fought the applications.

Home buyers beware: Land owners didn't need to disclose bomb range

by Gregg Fields

In the case of an Orlando, Fla., subdivision built next to an abandoned military bombing range, the U.S. Court of Appeals for the Eleventh Circuit concluded a district judge got it right when he dismissed allegations against the former owners of the subdivision land. In addition, the lower court decision that shielded companies that marketed the subdivision also was affirmed.

Atlanta Bar Association Annual Meeting & Awards Luncheon

by John Disney, Daily Report staff photographer

Atlanta Bar Association Annual Meeting & Awards Luncheon, 2011-2012.

On the Rise

by Mary Smith Judd, Special Projects Editor

They're under 40 and going places in the local legal community. Chances are you know exactly who they are, so nominate your best.

Legal Department of the Year

by Ed Bean

The Daily Report invites you to nominate your law department for our Legal Department of the Year Awards.

Georgia Court of Appeals, Criminal Case

Sanchez v. State

Medical evidence, the defendant's opportunity to commit the crimes, his recorded statements when the victim told him she was pregnant and his testimony admitting to one incident of sexual intercourse corroborated the victim's testimony.

CRIMINAL PRACTICE:Statutory Rape, Child Molestation

Georgia Court of Appeals, Civil Case

Thorpe v. Sterling Equip. Co. Inc.

The defendant equipment company and its principal owed the decedent truck driver a duty to exercise ordinary care to inspect the truck arising from the bailor-bailee relationship between the company and the decedent's employer.

TORTS:Negligence; CONTRACTS:Bailment

Georgia Court of Appeals, Criminal Case

Ashley v. State

The trial court did not err in admitting the seized pills into evidence, despite the absence of one chemist's testimony, because the state showed with reasonable certainty that the evidence was the same as that seized and no tampering occurred.

CRIMINAL PRACTICE:Controlled Substance; EVIDENCE:Chain of Custody; EXPERT WITNESSES:Qualification

Georgia Court of Appeals, Criminal Case

State v. Grube

The trial court did not err in finding that the indictment was insufficient to withstand a special demurrer because it did not adequately identify the alleged victim.

CRIMINAL PRACTICE:Demurrers, Indictment, Attempted Child Molestation, Attempted Aggravated Child Molestation, Computer Pornography

Georgia Court of Appeals, Civil Case

Heritage Constr. Corp. v. State Bank and Trust Co.

The affidavit of the creditor's custodian of records, combined with debtor's admissions in judicio, established a complete chain of assignments for the loans at issue.

CREDITORS AND DEBTORS RIGHTS:Suit on Note; CIVIL PRACTICE:Standing, Admissions

Georgia Court of Appeals, Civil Case

Bank of North Georgia v. Windermere Dev. Inc.

Because the debts evidenced by certain letters of credit were inextricably intertwined with the defendants' other debts, the bank's claims for amounts owed under the letters of credit amounted to deficiency actions following the foreclosures on property securing the other debts, and the bank's failure to confirm the foreclosure sales pursuant to O.C.G.A. § 44-14-161 a barred the claims.

CREDITORS AND DEBTORS RIGHTS:Deficiency, Foreclosure, Suit on Note

When a judge's comments to the jury can lead to a new trial

by Stephen J. Harper

In Georgia, separate statutes for criminal and civil trials address the trial judge's conduct during the progress of the case or in the charge.

Attorney-mediators need to check for conflicts

by J. Randolph Evans and Shari L. Klevens

Increasingly, attorneys and law firms are looking to different ways of generating income. Seasoned attorneys and by affiliation their law firms looking for diversification often start a mediation practice. Of course, not every litigator makes a good mediator. On the other hand, years of experience settling and trying cases can be the perfect background for an effective mediator.

How to handle full disclosure

by J. Randolph Evans and Shari L. Klevens

With the help of computers, attorneys and law firms are getting better at identifying potential conflicts of interest. But, like the dog that catches the bus, many attorneys face the equally important question of "What now" Identifying potential conflicts of interest is only one-half of the battle. The other half requires attorneys to seek and obtain the client's consent to the representation after "full disclosure.