ALM Legal Intelligence

T here certainly is no conventional wisdom intoday#;s economy on the depth, length or severity of the currentrecession. Firms are actively engaged in significant analysis ofeconomics and profitability management, expenses, marketing andpersonnel. Many firms have announced and implemented cuts in lawyer and staff personnel, and there is reason to believe that our economy may worsen. In addition, as to existing lawyer populations, firms have had to eliminate or diminish associate bonuses, freeze salaries, cease or modify otherwise usual and customary hiring, delay start dates for associates to whom commitments

B y combining some of Microsoft Outlook#;s bestundiscovered features with a little ingenuity, a lawyer can slashher stress level and perhaps add a bit of leisure time to herschedule. For starters, few users know inbox subfolders are notjust for e-mails. Almost anything can be dragged and dropped into asubfolder and stored there — from Word documents to PDFs toDeskSite links. That#;s just the beginning of what Outlook can dofor lawyers and legal staff. Put templates to work . Some lawyers do notrealize Outlook offers templates that are analogous to

On Sept. ##, a worker who sustained career-ending injuries in an oil field accident recovered $#.## million from the owner of the well. In ####, Leland Taylor, a flow back hand, was under contract to provide services for Nadel & Gussman, an oil and gas drilling company. Taylor was monitoring the flow back assembly on a Nadel & Gussman-owned well in Rusk County when an increase in flow pressure caused part of the assembly to detach and strike him. He sustained right leg and arm fractures, which required multiple

On Sept. #, a man who claimed he was thrown off his boat when its steering system failed recovered $###,###. In ####, John Pierce was operating his #### Bass Cat boat on a lake in northeast Texas. The boat was equipped with a steering system manufactured by Teleflex Inc. and repaired two years earlier by Tommy#;s Mobile Boat & Motor Services in Rockwall. Pierce alleged the system failed, causing the boat to turn unexpectedly and knock him overboard. He sustained a punctured lung and his lung capacity is now

On Sept. ##, a jury found that a driver wasn#;t negligent when he fatally hit a pedestrian as she attempted to cross a dark fivelane road at night. On Dec. ##, ####, Brian Keith Johnson struck Kathryn Jones as she was walking across the #### block of North Kaufman Street in Ennis. Jones died two days later. On behalf of Jones#; children, her aunt and sister sued Johnson, alleging he was talking on his cell phone and not keeping a proper lookout when he hit Jones. Johnson denied using

On Sept. ##, a jury awarded a total of $##,### to a driver and passenger injured in a motor vehicle accident, an amount far less than the $###,### the pair sought. In ####, A.B. Mansfield#;s minivan was rear-ended by a dump truck driven by Kimberly Morvant Russell in Vidor. Mansfield, who was driving, and passenger Clinton Joseph Findley claimed they sustained herniated lumbar and cervical disks. Findley also said he was knocked unconscious. In addition to blaming Russell, Mansfield and Findley also sued her employer

Charles Ray Johnson of Harris County, Bar No.########, was publicly reprimanded for the following violations ofthe Texas Disciplinary Rules of Professional Conduct: • Rule #.##(b)(#): In representing a client, a lawyer shall not neglect a legal matter entrusted to the lawyer; and • Rule #.##(a): A lawyer shall keep a client reasonably informed about the status of a matter and promptly comply with reasonable requests for information. The Aug. ## agreed judgment orders Johnson to pay $##,### and $##,### in restitution, $#,### in

. . . Anne Marie Finch and Michael A. Harvey have joined Zimmerman,Axelrad, Meyer, Stern & Wise in Houston as a member and anassociate, respectively. They handle complex commercial litigation,labor and employment, construction disputes, intellectual propertyand energy matters. . . . Thomas D. Graber has joined McGlincheyStafford in Dallas as of counsel. . . . Craig G. Ongley and Christina W. Masso have joined Kane RussellColeman & Logan as a director and an associate, respectively,in the corporate/securities area. . . . Angelica Fahy has joined Winstead in Houstonas an associate with the commercial litigation practice group. AWARDS . . . Haynes and Boone

T exas Tech University School of Law graduateshit a bittersweet note on the July #### Texas bar exam. Of theLubbock school#;s first-time test-takers, ##.## percent passed.That#;s the highest percent passing rate on the July exam among thenine American Bar Association-accredited law schools in Texas,according to the Texas Board of Legal Examiners (TBLE) inAustin. But this is also the last November Walter Huffman will celebrate the July bar results with students and faculty as dean of the Lubbock law school. Huffman has announced

T oby Cole and Mark Midani, partners inHouston#;s Midani, Hinkle & Cole, have carved out a specialty ofsorts: Iraq war-related cases. They are handling about a dozen pending complaints for current and former employees of KBR Inc., a Houston-based military contractor with operations in Iraq. In April, they negotiated a nearly $# million settlement in Perry B. Monroe, et al. v. Erinys, aka Erinys International Ltd., aka Erinys Iraq Ltd. on behalf of otherclients who had sued a private security contractor, London-basedErinys International. Erinys provides security to

F or George Gallagher, an acceptance letter hereceived from St. Mary#;s School of Law in #### changed the courseof his life. Put more bluntly, according to Gallagher: "If I didn#;t get into law school, I wouldn#;t have done diddly squat with the rest of my life." Gallagher had talents as a student, but some of the basic subjects he took in school confounded him, the Fort Worth native says. "When I was a kid, I always wanted to be a United States senator. The bottom line was

Due to an error by VerdictSearch Texas , the attorneys in Hollier v. Walton Transportation Co., et al. were misidentified in "VerdictSearch," Texas Lawyer , Nov. #, ####, page ##.Plaintiffs attorneys were Tommy Yeates and Tony Malley, MooreLandrey, Beaumont. Defense attorneys

In a hearing set Nov. ## in Dallas, Lubbock lawyer Kevin Glasheen will ask ##th District Judge Kenneth Molberg to enjoin Glasheen#;s formerclient Steven Phillips from spending any of the approximately $#million that Phillips will receive from the state as initialcompensation for the ## years he spent in prison after beingwrongfully convicted of sexual assault and burglary. Phillips, whowas exonerated by DNA testing in ####, sued Glasheen and his firm, Glasheen, Valles, Inderman & DeHoyos , onSept. ## in the ##th District Court. In his original petition in Phillips v. Glasheen

O n Nov. #, the State Bar of Texas concluded aseries of seven public hearings focusing on whether lawyers shouldhave to disclose if they have professional-liability insurance. Amajority of the ## speakers who testified at the hearings were of alike mind: They oppose such a rule. "My sense is the great majority of the discussion has expressed concern about and opposition to the duty," says Terry Tottenham, the State Bar#;s president-elect and the partner-in-charge of Fulbright & Jaworski#;s Austin office. But did the testimony at

T he past ## months have been a tumultuoustime in the legal industry. One year ago, federal lawmakersapproved a $### billion bailout for the financial system. Aroundthat same time, many of the #### law school graduates were justbeginning their careers. Despite the turbulent times, some of thosestillnew lawyers are flourishing. Texas Lawyer is following the careers offive attorneys who graduated from Texas law schools in May #### andbegan diverse fulltime careers in different parts of the state.Four are with the same firms or organizations where they startedtheir careers in

A recent decision by Fort Worth#;s #nd Court ofAppeals puts up a roadblock to a trend developing in lawenforcement: police officers who draw blood from DWI suspects. The Nov. # decision in Texas v. Christi Lynn Johnston is the firsttime a Texas appellate court has judged the constitutionalimplications of allowing police to draw blood evidence from DWIsuspects. While the #nd Court affirmed a trial court rulingsuppressing the blood evidence obtained by police officers, theruling does not ban the practice. The ruling also suggests that a trial court can suppress

Partial payment of death benefits to city employee#;s estate did not entitle state#;s Death Without Dependants Unit to unpaid balance (Perluss, P.J.) City of Los Angeles v. Workers#; Compensation Appeals Board C.A. #nd; November ##, ####; B###### The Second Appellate District annulled a decision of the Workers#; Compensation Appeals Board. The court held that a city#;s cessation of death benefit payments to a deceased employee#;s estate, before the death benefits were fully paid, did not entitle the California Department of Industrial Relations#; Death Without

Provocative act murder doctrine could support first degree murder conviction where defendant acted willfully, deliberately, and with premeditation (Chin, J.) People v. Concha Cal.Sup.Ct.; November ##, ####; S###### The California Supreme Court reversed a decision of the court of appeal. The court held that the doctrine of provocative act murder is limited to second degree murder only in the absence of a showing of willful, deliberate and premeditated conduct. Reyas Concha, Julio Hernandez, and Max Sanchez tried to rob Jimmy Harris. The assailants demanded money and threatened to

Federal Employees Pay Comparability Act did not burden right to travel of employee who lived in Hawaii (Kozinski, C.J.) Matsuo v. United States #th Cir.; November ##, ####; ##-##### The court of appeals affirmed a judgment of the district court. The court held that the Federal Employees Pay Comparability Act#;s provision of locality pay only to employees in the contiguous states did not unconstitutionally burden the right to travel of a federal employee in Hawaii. The Federal Employees Pay Comparability Act (FEPCA) provided certain federal employees in

Sister state judgment not entitled to full faith and credit where party was denied due process and purported counsel did not disclose conflict of interest (Flier, J.) State of Arizona ex rel. Arizona Department of Revenue v. Yuen C.A. #nd; November ##, ####; B###### The Second Appellate District affirmed orders. The court held that there was no abuse of discretion in vacating a sister state judgment against a California resident who had not signed a written waiver of conflict of interest as to the attorney who purportedly represented her

Communications between client and counsel around time of mediation were not protected by mediation privilege (Jackson, J.) Cassel v. Superior Court (Wasserman, Comden, Casselman & Pearson L.L.P.) C.A. #nd; November ##, ####; B###### The Second Appellate District granted in part a petition for writ of mandate. The court held that private communications between a client and his attorneys were not protected by the mediation privilege, even though they occurred at about the same time as mediation. Michael Cassel was a party to litigation over the ownership of a

An antitrust expert will soon head the legal department at embattled Intel Corp. A day before announcing that it would pay rival Advanced Micro Devices Inc. $#.## billion to settle antitrust and patent disputes, it hired Wilmer Cutler Pickering Hale and Dorr partner and antitrust specialist Douglas Melamed as its new general counsel. The position has been vacant since September, when Intel#;s longtime general counsel, Bruce Sewell, left to become the top lawyer for Apple Inc. Deputy General Counsel Suzan Miller had been filling in on an interim

A s the nation celebrates veterans this week,lawyers should pause to reflect on the freedoms veterans securedfor all Americans and our duty as attorneys to further thosefreedoms. While this solemn day was originally enacted in #### as alegal holiday honoring World War I veterans on the annualanniversary of that war#;s armistice, it was expanded in #### to aholiday honoring all U.S. veterans. I learned to value military service, and the freedoms it bestows, at an early age. My great-great-great-grandfather, Andrew Myers, served with the

W hat could be worse than a capital murdertrial in which the trial judge and the prosecutor are having asecret love affair and, working in tandem, cause a defendant to befound guilty of murder and face execution? That incredible scenariohappened to Charles Hood. On trial for murder in a Texas courtroom,Hood claimed — correctly as it turns out — that thejudge and the prosecutor were having a sexual relationship duringhis trial and that his right to a fair trial was therebycompromised. A lower court agreed to the extent of ordering ahearing

WASHINGTON — The Supreme Court this week, in an unsigned opinion, reversed relief granted by the Sixth Circuit U.S. Court of Appeals to a death row inmate because of his lawyer#;s ineffective assistance. But Justice Samuel Alito wrote separately — and curiously — to emphasize his view that no "special relevance" should be given to the American Bar Association#;s guidelines on the appointment and performance of defense counsel in death penalty cases. In Bobby v. Van Hook , the justices foundthat, among the Sixth Circuit panel#;s errors, was its reliance

The Second Circuit U.S. Court of Appeals sided with the CIA on Thursday, ruling that the agency did not violate the First Amendment when it required exagent Valerie Plame Wilson to redact huge portions of her memoir, "Fair Game," because those sections disclosed classified material. Plame and a group of journalism organizations represented by Weil, Gotshal & Manges had argued the CIA was wrong to ask for the redactions because the information was already in the public domain, in part because the CIA disclosed it, according to a copy of

LOS ANGELES — The State Bar of California#;s crackdown on attorneys for alleged loan modification misconduct has claimed five more lawyers in Southern California, three of whom have resigned. Since the State Bar launched its Loan Modification Task Force in April, ## attorneys have resigned or been placed on involuntary inactive status. About ### lawyers are under investigation. On Nov. #, Timothy Thurman of Trinity Law Group in Los Angeles resigned with charges pending after the FBI arrested him in October. He was charged with forging the signature of a

WASHINGTON — If you want to measure the anticipation building up in the patent bar for the final outcome of Wyeth v. Kappos , just take a look at thenumber of lawsuits it has already spawned. On Oct. # the Federal Circuit U.S. Court of Appeals heard oral arguments in the case, which determine how the Patent and Trademark Office calculates the amount of time it extends patent terms when it is late processing the initial patent application. If the circuit court lets the ruling from the U.S. District Court

WASHINGTON — The Supreme Court first considered the petition in the closely watched case of Christian Legal Society v. Martinez at itsSept. ## closed conference. It did not act then, and according tothe court#;s online docket, it has re-listed the case for fivesubsequent conferences, including the conference scheduled fortoday — an unusually long delay. The petition challenges a decision of Hastings College of the Law to deny official recognition to the Christian student group because it does not conform to the school#;s requirement that membership and leadership positions be

A historic settlement between rival chip companies Intel and AMD shook the tech world on Thursday. Intel Corp. agreed to pay Advanced Micro Devices Inc. $#.## billion to settle lawsuits claiming that it unfairly squashed the smaller AMD by bribing computer companies not to use AMD chips. The agreement also says Intel will abide by certain business practices, including not paying companies to stay away from AMD chips. The two companies went years without so much as a whiff of settlement. But with a trial looming in Delaware, a

SACRAMENTO — The Consumer Attorneys of California will gather in San Francisco this weekend to install new officers and to count the dwindling days until their political foil, Gov. Arnold Schwarzenegger, leaves office. But for all the anticipation of regime change that will surely mark their annual convention, California#;s trial lawyers face an unsettling prospect. The gubernatorial candidate their allies in the Democratic Party seem destined to nominate is also the godfather of MICRA, Jerry Brown. The plaintiff bar has had a cordial, but hardly enthusiastic, relationship with Brown during

Fending off accusations it misappropriated the names of more than ### indie rockers to promote cigarettes, Rolling Stone magazine on Thursday appeared to have one appellate justice solidly in its corner. However, two votes are needed to win and one justice was absent during oral arguments in San Francisco#;s First District Court of Appeal. The third didn#;t tip his hand. Rolling Stone was sued last year by a class of indie bands — led by the East Bay#;s Xiu Xiu and Toronto#;s Fucked Up — who claimed the

Job losses in the construction industry have remained steep this year but seem likely to start easing next year. The number of construction companies with surplus staff to shed is expected to decline in the months ahead. "We are seeing some light coming through the tunnel," said Fernando Martinez , the newly electedpresident of the Builders Association of South Florida . Construction employment in South Florida has continued falling by double-digit percentages in recent months, compared to the same month last year, far more than the single-digit declines in other

INVENTORIES: The Census Bureau will report theSeptember level of business inventories on Monday. Businessinventories in August were #.# percent below the July level and##.# percent less than in August ####. HOME BUILDING: Housing construction starts inOctober will be reported Wednesday, by the Census Bureau. Buildingpermits issued in September for privately owned housing units were#.# percent below the August level and ##.# percent fewer than inSeptember ####. ECONOMIC INDICATORS: The Conference Board willrelease its October index of leading economic indicators onThursday. The index rose #.# percent

H ow much more will Florida#;s unemploymentrate rise? Not even the state government is quite sure. The state recently forecast that Florida#;s unemployment rate will rise to ##.# percent next year before it starts descending. But the Florida Legislature#;s Office of Economic and Demographic Research, the agency that regularly updates the state#;s official economic forecast, consistently has underestimated the peak level of unemployment. In July, for example, the agency forecast that the state#;s unemployment rate would peak at ## percent next year. The rate

S elling the South Florida lifestyle at adiscount may become an increasingly successful tactic for economicdevelopment agencies. Lower real estate prices, in particular, are lifting obstacles to business recruitment and retention in Miami-Dade, Broward and Palm Beach counties. "Affordable housing was the biggest impediment to economic development years ago," said Kelly Smallridge , president and chiefexecutive officer of the Business Development Board of Palm BeachCounty. But that issue has receded along with the economy. "Companies that wanted to come into this market years ago and could not afford it are

Attorney Pierce O#;Donnell has filed an appellate petition disputing claims that dismissal of the government#;s campaign contributions violations case against him would create a "loophole" in federal elections law that would render contribution limits "meaningless." The Federal Election Commission and two good-government nonprofit organizations filed amicus briefs in September before the #th U.S. Circuit Court of Appeals, arguing the recent dismissal of two of three counts against O#;Donnell created a "novel" and "unprecedented" interpretation of one section of the Federal Election Campaign Act. In a

Erbi Blanco-True , senior vice president ofGreat Florida Bank, has been named to the board of directors forSwitchboard of Miami. Aaron Kurlansky has joined First MeridianMortgage as vice president in Miami. He was South Florida branchmanager for Trump Financial.

A three-way balance of power arrangement within a mixed-use condominium association in Miami can stand in the wake of a #### legislative change, a state appeals ruled Thursday. A #rd District Court of Appeal panel upheld a lower court#;s #### ruling that a portion of state condominium law was unconstitutional as applied to the Grand at #### N. Bayshore Drive. Created in ####, the association at the waterfront Grand condominium has ### residential units, ### retail condos owned by PH Retail, and ### commercial condos that operate

Address: ### NE ##th St., Fort Lauderdale Property type: ##-unit apartment buildingcompleted in #### on #.## acres Price: $#.## million, or $##,### per unit Seller: KK Gardens LLC, Gene Kronick, managingmember Buyer: Tri-County Home Investors LLC, RobertGreene, manager Financing: Greystone Servicing CorporationInc., $#.## million Past sale: $#.## million in June #### # office condos fetch $###,### in Miami Address: #### Brickell Ave., Miami Property type: Five office condominiums builtin #### totaling #,### square feet Price: $###,###, or $###.## per

Ft. Lauderdale Health and Rehabilitation Center Inc., obtained a $#.# million loan from LAD Management LLC for two hospital buildings totaling about ##,### square feet. Address: #### NE ##th St. and #### E.Commercial Boulevard, Fort Lauderdale Property

Address: #### Arvida Drive, Coral Gables Property type: Two-story, seven-bedroom##,###-square-foot home built in #### Price: $#.## million, $###.## per squarefoot Sellers: Hector L. Lans and Maria A. Lans Buyers: Benjamin Leon III and

Address: #### NE ##th St., Fort Lauderdale Property type: #,###-square-foot home built in#### Price: $# million, $###.## per square foot Seller: Fala Pointe Developers LLC, East SideFinancial Real Estate Development Inc., Brian P. Kiley, executivevice president Buyer: Borisch Family Florida Property LLC, aMichigan limited liability company #-bedroom house sells for $#.# million Address: ### Dolias Court, Coral Gables Property type: Two-story, six-bedroom#,###-square-foot home built in #### on #.##-acre site Price: $#.# million , $###.## per squarefoot

Despite the recent completion of several affordable housing communities in South Florida, the construction of more projects is at serious risk because of a growing funding crisis, builders say. The chronic funding concerns of affordable housing developers were heightened this week when government lending giant Fannie Mae, which was seized last year by federal regulators, said it is hemorrhaging money from affordable housing tax credit investments. Fannie Mae officials said in a Securities and Exchange Commission filing that it needs to sell $#.# billion in tax credits to stop

Senior Miami-Dade Circuit Judge Barbara Levenson was accustomed to writing orders, legal briefs and opinions. Now she writes for the sheer joy of putting words on paper. Levenson wrote "Fatal February," the first in a planned series of novels featuring fictional Miami criminal defense attorney Mary Magruder Katz. "I#;ve lived here ## years. That#;s longer than I#;ve lived in any other place," she said. "I#;m one of those writers that believes that you ought to write what you know. I understand that vampires and werewolves

It was a chance to consort with the enemy — a powwow with the Equal Employment Opportunity Commission. And everyone wanted in. That#;s how Linda Burwell of Detroit#;s Nemeth Burwell described her clients#; reactions when she invited them to have breakfast last month with the EEOC. Burwell said her clients were eager to "see what the EEOC is doing and why they are doing it." Many of Burwell#;s clients who attended the breakfast are facing EEOC charges, some for the first time. "A lot of people had questions

An investment fraud allegedly orchestrated by disgraced Fort Lauderdale attorney Scott Rothstein could have taken in $# billion before sending his firm into bankruptcy. The FBI, which seized records in a raid at Rothstein Rosenfeldt Adler last week, came up with the first official fraud estimate Thursday, placing the potential value at more than double the $### million to $### million figure pegged by investors. John Gillies, the FBI#;s Miami chief, called an unusual news conference for an investigation that has not produced criminal charges, asking anyone who knows

Daniel J. Stermer has joined DevelopmentSpecialists in Miami as a consultant. He was with Lewis B. Freeman& Partners. Stermer has a law degree from Touro College and abachelor#;s degree from State University of New York atBinghamton. Michael H. Nullman has joined Nason YeagerGerson White & Lioce as a litigation associate. He was anassociate with Sachs Sax Caplan in Boca Raton. Nullman has a lawdegree from Florida State University and a bachelor#;s degree fromNorthwestern University. Matthew J. Valcourt , a shareholder withFowler White Burnett in Miami, has been elected secretary for

Business recruitment and retention in Miami-Dade, Broward and Palm Beach counties has gotten a little easier, thanks to lower real estate prices. "Affordable housing was the biggest impediment to economic development years ago," according to Kelly Smallridge of the

Affordable housing developers Carrfour Supportive Housing and Carlisle Development Group are opening two new communities in Miami this week and have their sights on future developments in South Florida. But finding funding for affordable housing has become extremely difficult despite a high demand from people in need of homes. Carrfour is scheduled to open Villa Aurora today in Little Havana. The ##-unit rental project is geared toward formerly homeless and low-income residents. Miami-Dade County is moving its Hispanic library branch to the development. On Thursday, Carlisle opened

The FBI has estimated the alleged Ponzi scheme run by attorney Scott Rothstein cost victims $# billion — almost twice the prior estimates. FBI Miami chief John Gillies issued a call Thursday for public assistance in its investigation. Rothstein#;s former firm, Rothstein Rosenfeldt Adler, will most likely be dismantled in bankruptcy court. The firm has agreed to a Chapter ## involuntary petition filed against it and seeks to leave court-appointed receiver Herbert Stettin at the helm in lieu of a receiver. Co-founder Stuart Rosenfeldt has abdicated his CEO

Job losses in the construction industry have remained steep this year but seem likely to start easing next year. The number of construction companies with surplus staff to shed is expected to decline in the months ahead. "We are seeing some light coming through the tunnel," said Fernando Martinez , the newly electedpresident of the Builders Association of South Florida . Construction employment in South Florida has continued falling by double-digit percentages in recent months, compared to the same month last year, far more than the single-digit declines in other

INVENTORIES: The Census Bureau will report theSeptember level of business inventories on Monday. Businessinventories in August were #.# percent below the July level and##.# percent less than in August ####. HOME BUILDING: Housing construction starts inOctober will be reported Wednesday, by the Census Bureau. Buildingpermits issued in September for privately owned housing units were#.# percent below the August level and ##.# percent fewer than inSeptember ####. ECONOMIC INDICATORS: The Conference Board willrelease its October index of leading economic indicators onThursday. The index rose #.# percent

H ow much more will Florida#;s unemploymentrate rise? Not even the state government is quite sure. The state recently forecast that Florida#;s unemployment rate will rise to ##.# percent next year before it starts descending. But the Florida Legislature#;s Office of Economic and Demographic Research, the agency that regularly updates the state#;s official economic forecast, consistently has underestimated the peak level of unemployment. In July, for example, the agency forecast that the state#;s unemployment rate would peak at ## percent next year. The rate

S elling the South Florida lifestyle at adiscount may become an increasingly successful tactic for economicdevelopment agencies. Lower real estate prices, in particular, are lifting obstacles to business recruitment and retention in Miami-Dade, Broward and Palm Beach counties. "Affordable housing was the biggest impediment to economic development years ago," said Kelly Smallridge , president and chiefexecutive officer of the Business Development Board of Palm BeachCounty. But that issue has receded along with the economy. "Companies that wanted to come into this market years ago and could not afford it are

Attorney Pierce O#;Donnell has filed an appellate petition disputing claims that dismissal of the government#;s campaign contributions violations case against him would create a "loophole" in federal elections law that would render contribution limits "meaningless." The Federal Election Commission and two good-government nonprofit organizations filed amicus briefs in September before the #th U.S. Circuit Court of Appeals, arguing the recent dismissal of two of three counts against O#;Donnell created a "novel" and "unprecedented" interpretation of one section of the Federal Election Campaign Act. In a

Erbi Blanco-True , senior vice president ofGreat Florida Bank, has been named to the board of directors forSwitchboard of Miami. Aaron Kurlansky has joined First MeridianMortgage as vice president in Miami. He was South Florida branchmanager for Trump Financial.

A three-way balance of power arrangement within a mixed-use condominium association in Miami can stand in the wake of a #### legislative change, a state appeals ruled Thursday. A #rd District Court of Appeal panel upheld a lower court#;s #### ruling that a portion of state condominium law was unconstitutional as applied to the Grand at #### N. Bayshore Drive. Created in ####, the association at the waterfront Grand condominium has ### residential units, ### retail condos owned by PH Retail, and ### commercial condos that operate

Address: ### NE ##th St., Fort Lauderdale Property type: ##-unit apartment buildingcompleted in #### on #.## acres Price: $#.## million, or $##,### per unit Seller: KK Gardens LLC, Gene Kronick, managingmember Buyer: Tri-County Home Investors LLC, RobertGreene, manager Financing: Greystone Servicing CorporationInc., $#.## million Past sale: $#.## million in June #### # office condos fetch $###,### in Miami Address: #### Brickell Ave., Miami Property type: Five office condominiums builtin #### totaling #,### square feet Price: $###,###, or $###.## per

Ft. Lauderdale Health and Rehabilitation Center Inc., obtained a $#.# million loan from LAD Management LLC for two hospital buildings totaling about ##,### square feet. Address: #### NE ##th St. and #### E.Commercial Boulevard, Fort Lauderdale Property

Address: #### Arvida Drive, Coral Gables Property type: Two-story, seven-bedroom##,###-square-foot home built in #### Price: $#.## million, $###.## per squarefoot Sellers: Hector L. Lans and Maria A. Lans Buyers: Benjamin Leon III and

Address: #### NE ##th St., Fort Lauderdale Property type: #,###-square-foot home built in#### Price: $# million, $###.## per square foot Seller: Fala Pointe Developers LLC, East SideFinancial Real Estate Development Inc., Brian P. Kiley, executivevice president Buyer: Borisch Family Florida Property LLC, aMichigan limited liability company #-bedroom house sells for $#.# million Address: ### Dolias Court, Coral Gables Property type: Two-story, six-bedroom#,###-square-foot home built in #### on #.##-acre site Price: $#.# million , $###.## per squarefoot

Despite the recent completion of several affordable housing communities in South Florida, the construction of more projects is at serious risk because of a growing funding crisis, builders say. The chronic funding concerns of affordable housing developers were heightened this week when government lending giant Fannie Mae, which was seized last year by federal regulators, said it is hemorrhaging money from affordable housing tax credit investments. Fannie Mae officials said in a Securities and Exchange Commission filing that it needs to sell $#.# billion in tax credits to stop

Senior Miami-Dade Circuit Judge Barbara Levenson was accustomed to writing orders, legal briefs and opinions. Now she writes for the sheer joy of putting words on paper. Levenson wrote "Fatal February," the first in a planned series of novels featuring fictional Miami criminal defense attorney Mary Magruder Katz. "I#;ve lived here ## years. That#;s longer than I#;ve lived in any other place," she said. "I#;m one of those writers that believes that you ought to write what you know. I understand that vampires and werewolves

It was a chance to consort with the enemy — a powwow with the Equal Employment Opportunity Commission. And everyone wanted in. That#;s how Linda Burwell of Detroit#;s Nemeth Burwell described her clients#; reactions when she invited them to have breakfast last month with the EEOC. Burwell said her clients were eager to "see what the EEOC is doing and why they are doing it." Many of Burwell#;s clients who attended the breakfast are facing EEOC charges, some for the first time. "A lot of people had questions

An investment fraud allegedly orchestrated by disgraced Fort Lauderdale attorney Scott Rothstein could have taken in $# billion before sending his firm into bankruptcy. The FBI, which seized records in a raid at Rothstein Rosenfeldt Adler last week, came up with the first official fraud estimate Thursday, placing the potential value at more than double the $### million to $### million figure pegged by investors. John Gillies, the FBI#;s Miami chief, called an unusual news conference for an investigation that has not produced criminal charges, asking anyone who knows

Daniel J. Stermer has joined DevelopmentSpecialists in Miami as a consultant. He was with Lewis B. Freeman& Partners. Stermer has a law degree from Touro College and abachelor#;s degree from State University of New York atBinghamton. Michael H. Nullman has joined Nason YeagerGerson White & Lioce as a litigation associate. He was anassociate with Sachs Sax Caplan in Boca Raton. Nullman has a lawdegree from Florida State University and a bachelor#;s degree fromNorthwestern University. Matthew J. Valcourt , a shareholder withFowler White Burnett in Miami, has been elected secretary for

Business recruitment and retention in Miami-Dade, Broward and Palm Beach counties has gotten a little easier, thanks to lower real estate prices. "Affordable housing was the biggest impediment to economic development years ago," according to Kelly Smallridge of the

Affordable housing developers Carrfour Supportive Housing and Carlisle Development Group are opening two new communities in Miami this week and have their sights on future developments in South Florida. But finding funding for affordable housing has become extremely difficult despite a high demand from people in need of homes. Carrfour is scheduled to open Villa Aurora today in Little Havana. The ##-unit rental project is geared toward formerly homeless and low-income residents. Miami-Dade County is moving its Hispanic library branch to the development. On Thursday, Carlisle opened

The FBI has estimated the alleged Ponzi scheme run by attorney Scott Rothstein cost victims $# billion — almost twice the prior estimates. FBI Miami chief John Gillies issued a call Thursday for public assistance in its investigation. Rothstein#;s former firm, Rothstein Rosenfeldt Adler, will most likely be dismantled in bankruptcy court. The firm has agreed to a Chapter ## involuntary petition filed against it and seeks to leave court-appointed receiver Herbert Stettin at the helm in lieu of a receiver. Co-founder Stuart Rosenfeldt has abdicated his CEO

Webb v. State A##A#### (##/##/##) TEXT: Doyle, Judge. A jury convicted Kassie Webb of the lesserincluded offense of cruelty to children in the second degree. # In her sole enumeration of error, Webbcontends that the trial court erred by refusing to allow testimonyby a witness whom she failed to identify on her witness listwithout a showing of bad faith and harm to the State and where thewitness was identified as a potential witness by the State on theState#;s supplemental witness list. We agree and reverse. Construed in

Sheppard v. State A##A#### (##/##/##) TEXT: Doyle, Judge. Duaine Ralph Sheppard was convicted of one count of felony theft by taking, # and he was sentenced to serve ten years,five in confinement. # Following the denial of his motion for newtrial, Sheppard appeals, arguing that the trial court erred by: (#)admitting evidence regarding his arrest; (#) admitting a videotapeof the theft at issue without a proper foundation; (#) sentencinghim for a felony under OCGA § ##-#-## (a) (#); and (#)sentencing him as a recidivist

Perdue v. State A##A#### (##/##/##) TEXT: Mikell, Judge. Glenn Edward Perdue was convicted of theft by taking, OCGA § ##-#-#, and criminal trespass, a misdemeanor, and was sentenced to an aggregate of ten years, including six in confinement. On appeal from the order denying his motion for new trial, Perdue contends, inter alia, that the evidence does not support his sentence for felony theft by taking because the state failed to prove that the value of property taken exceeded $###. We disagree and affirm. On appeal of

Brown v. State A##A#### (##/##/##) TEXT: Ellington, Judge. A Cobb County jury found James Thomas Brown guilty of possession of cocaine, in violation of the Georgia Controlled Substances Act, OCGA § ##-##-## (a). Brown appeals, challenging the trial court#;s denial of his motion to suppress. For the following reasons, we reverse. When reviewing a trial court#;s decision on a motion to suppress, this Court#;s responsibility is to ensure that there was a substantial basis for the decision. The evidence is construed most favorably to

Johnson v. State A##A#### (##/##/##) TEXT: Mikell, Judge. In Johnson v. State , ### Ga. App. ### (###SE#d ###) (####), we reversed Joshua Johnson#;s conviction forpossessing more than one ounce of marijuana and remanded the casefor a new trial. On certiorari, the Supreme Court reversed ourruling. Johnson v. State , ### Ga. ### (### SE#d###) (####). Accordingly, our prior opinion is vacated, thejudgment of the Supreme Court is made the judgment of thiscourt. ATTORNEYS: Sean A. Black (Black Law Offices),Toccoa, for appellant. Robert W. Lavender, District Attorney,Hartwell

Wesby v. State A##A#### (##/##/##) TEXT: Ellington, Judge. A Richmond County jury found Tyrone Wesby guilty of two counts of armed robbery, OCGA § ##-#-## (a); and two counts of possession of a firearm during the commission of a crime, OCGA § ##-##-### (b) (#). Wesby appeals from the denial of his motion for new trial, contending the trial court erred in denying his motion to suppress evidence, in refusing to suppress identification testimony, and in failing to require further jury deliberations after a juror expressed

Grissom v. State A##A#### (##/##/##) TEXT: Doyle, Judge. Following a jury trial, Jerry Grissom appeals his conviction of three counts of possessing a controlled substance # (methamphetamine, alprazolam, andhydrocodone) and contends that the trial court erred in denying hismotion for new trial based on the State#;s improper comments abouthis pre- and post-arrest silence. Because the Georgia Supreme Courthas held that such comments violate a criminal defendant#;s right toremain silent, and because the evidence of Grissom#;s guilt was notoverwhelming, we reverse. # The trial transcript

West v. State A##A#### (##/##/##) TEXT: Johnson, Presiding Judge. On October #, ####, an officer with the Cordele Police Department effected a traffic stop on Scottie West because his car had two burned out brake lights. While speaking with West, the officer noticed the odor of alcohol emanating from West and that West had watery eyes. The officer also noticed a can of beer in the center console, a nearly-empty bottle of liquor on the seat, and a small child sleeping in the back seat. The officer

Collins v. State A##A#### (##/##/##) TEXT: Blackburn, Presiding Judge. Following a jury trial, Eddie Collins was convicted on two counts of aggravated battery, # four counts of aggravated assault, # one count of reckless driving, # one count of reckless conduct, # and one count of leaving the scene of anaccident. # He appeals his convictions and the denial ofhis motion for new trial, arguing that his trial counsel providedineffective assistance by failing to call various witnesses, byfailing to adequately investigate the case, and by failing toadequately advise

Miller v. State A##A#### (##/##/##) TEXT: Mikell, Judge. Greg Miller was charged with cruelty to children for maliciously causing cruel and excessive physical and mental pain to a child under the age of ## and with family violence battery for intentionally causing visible bodily harm to Wintress Goodrum, with whom he had previously resided. A jury acquitted Miller of cruelty to children and convicted him of simple battery as a lesser included offense of family violence battery in connection with the offense against Goodrum. In Miller v. State

Stetz v. State A##A#### (##/##/##) TEXT: Smith, Presiding Judge. Following a bench trial on stipulated facts, Justin Stetz appeals from his DUI per se conviction. In two enumerations, he contends that the trial court erred in denying his motion for additional discovery. We disagree and affirm. Stetz was stopped by a Dekalb County police officer for a seat belt violation. The officer arrested Stetz after he failed three field sobriety tests and an alco-sensor test of his breath registered positive for the presence of alcohol. The officer

Cline v. State A##A#### (##/##/##) TEXT: Doyle, Judge. Following a jury trial, James Cline appeals his conviction of aggravated sexual battery # and cruelty to children, # contending that (#) the trial courterroneously granted the State#;s motion in limine regarding aState#;s witness#;s first-offender guilty plea to a drug offense; (#)the court erred in admitting evidence of three similar transactionsinvolving Cline#;s prior sexual abuse of underage girls; (#) thecourt erred in denying his motion for new trial based on a claim ofineffective assistance

Lewis v. State A##A#### (##/##/##) TEXT: Ellington, Judge. Darrell Lewis appeals from the trial court#;s denial of his motion for an out-of-time appeal. Finding no error, we affirm. An out-of-time appeal serves as the remedy for a frustrated right of appeal for a criminal defendant whose conviction has not been reviewed by an appellate court. It is the means by which a criminal defendant who lost his right to direct appeal of his criminal conviction due to counsel#;s negligence, ignorance, or misinterpretation

Clark v. State A##A#### (##/##/##) TEXT: Blackburn, Presiding Judge. On March #, #### Alvin D. Clark pled guilty to theft by shoplifting # and pled nolo contendre to simple battery. # The trial court sentenced him to twelvemonths confinement on each count, but suspended the sentence uponservice of ### days, with credit for time served since January ##,####. With additional credit for good behavior, Clark wasapparently released on April ##, ####, after serving only ## daysin jail. On May #, ####, Clark was arrested on new charges

Kelley v. Blue Line Carriers LLC A##A####,A##A#### (##/##/##) TEXT: Doyle, Judge. Following a collision in which a tractor-trailer hit her car from behind, Laverne Kelley filed suit against the truck driver, Alvaro Enrique Aquilar; the company which owned the truck, Blue Line Carriers, LLC; Blue Line#;s insurance company, Aequicap Insurance Company; and John Doe. In Case No. A##A####, Kelley appeals the trial court#;s grant of partial summary judgment to Blue Line on her negligent hiring, entrustment, supervision, and retention claim. In Case No. A##A####

Clary v. City of Stockbridge A##A####,A##A#### (##/##/##) TEXT: Doyle, Judge. Sarah D. Clary, individually, and as executrix of the Estate of J. D. Clary; the Estate of J. D. Clary; and J. H. Thurman ("condemnees") appeal from a jury award for compensation in a taking of a tract of land in Henry County, arguing that the trial court erred by admitting certain evidence and by excluding other evidence. The City of Stockbridge cross-appeals, alleging that the trial court erred by failing to award attorney fees under

Garner Plumbing, Inc. v. Slate Construction, Inc . A##A#### (##/##/##) TEXT: Smith, Presiding Judge. Garner Plumbing, Inc. (Garner) appeals from a judgment on a jury verdict in favor of Slate Construction, Inc. (Slate) on its claim against Slate for breach of contract. Garner appeals, challenging the denial of its motions for directed verdict and for a new trial. Because the trial court denied Garner#;s motion for a new trial without holding a hearing, we vacate the judgment and remand this case for the required hearing. #. The record

Pareja v. State S##G#### (##/##/##) TEXT: MELTON, Justice. In Pareja v. State , ### Ga. App. ### (###SE#d ###) (####), the Court of Appeals affirmed Pareja#;s convictionfor one count of child molestation, finding that the evidence wassufficient to support the verdict and that the trial court properlyadmitted certain similar transaction evidence. We grantedcertiorari to determine whether the Court of Appeals erred inruling that the trial court properly admitted, as a similartransaction, evidence of an act of molestation that Parejacommitted ## years before his conviction in this case. For

Davis v. State S##A#### (##/##/##) TEXT: HUNSTEIN, Chief Justice. Appellant Desmond Davis was convicted of malice murder, two counts of felony murder, aggravated assault, armed robbery and two firearm possession charges in connection with the shooting death of Jameson Bush. Finding no error in the denial of Davis#;s motion for new trial, # we affirm. #. Davis contends that the evidence was insufficient to sustain the jury#;s verdict. The evidence authorized the jury to find that at the time of the crimes Bush#;s friend Adom

Taylor v. State S##G#### (##/##/##) TEXT: MELTON, Justice. After being involved in a motor vehicle collision that resulted in the death of James Oliver, Danielle Taylor was indicted for, among other things, involuntary manslaughter, first degree homicide by vehicle, and serious injury by vehicle. # A jury acquitted Taylor on the homicide byvehicle count, acquitted her on a charge of following too closely,and found her guilty on all remaining counts. Despite the jury#;sacquittal of Taylor on the homicide by vehicle charge, however, thetrial court then decided

State v. Folsom S##A####, S##X####(##/##/##) TEXT: MELTON, Justice. This is the second appearance of this case in this court. In State v. Folsom , ### Ga. ## (### SE#d ###)(####), we set forth the facts of this case as follows: Kenneth Doyle Folsom is charged with the kidnapping and murder of Bobby Timms. [The State has filed a direct appeal from the trial court#;s pre-trial decision to suppress evidence (OCGA § #-#-#(a)(#)), and Folsom has filed a cross-appeal. See OCGA § #

State v. Lynch S##A#### (##/##/##) TEXT: CARLEY, Presiding Justice. After Kory Gore was stabbed to death in DeKalb County and his vehicle taken, law enforcement officers in Nash County, North Carolina spotted the vehicle being driven by Patrick Lynch, and a high-speed chase ensued. Lynch eventually left the vehicle and fled. The DeKalb County Police Department was notified, and Detectives Kevin Farmer and Shane Cheek traveled to Nash County to investigate. After a brief manhunt, Lynch was found, taken into custody, and transported to the Nash County

Williams v. State S##A#### (##/##/##) TEXT: NAHMIAS, Justice. In ####, a Fulton County jury convicted Alfred Williams of malice murder and other crimes in connection with the shooting death of BaKarry Bailey. On appeal, Williams contends the evidence presented at trial was insufficient to support his convictions and that the trial court erroneously sentenced him for a charge on which the jury returned a verdict of not guilty. We conclude that the evidence was more than sufficient to support Williams#;s convictions but that the trial court did

Williams v. Hall S##A#### (##/##/##) TEXT: CARLEY, Presiding Justice. In ####, Karl Hall pled guilty to aggravated battery, two counts of burglary and two counts of forgery in the first degree. He was sentenced to serve ## years in confinement and ## years on probation. In ####, Hall filed a habeas corpus petition, claiming that the indictment was faulty, that his plea was not knowing and voluntary, that the amount of restitution and costs was altered after he signed the final disposition, and that his trial counsel was

Rogers v. State S##A#### (##/##/##) TEXT: HINES, Justice. James Robert Rogers appeals the denial of his motion to withdraw his plea of guilty to the felony murder of Cheryl Gilmore. For the reasons that follow, we affirm. # According to the indictment and the factual basis put forth by the State at Rogers#;s plea hearing, Rogers had a long-standing, violent relationship with Gilmore; Rogers#;s actions during that relationship had previously resulted in charges of battery and aggravated stalking. On the weekend of Gilmore#;s death

Cooper v. State S##A#### (##/##/##) TEXT: CARLEY, Presiding Justice. The grand jury indicted Clifford Cooper for malice murder, felony murder, burglary, robbery and arson. The jury found him guilty of felony murder, burglary and robbery. The trial court entered judgments of conviction and sentenced him to life imprisonment for felony murder, and to two five-year terms for burglary and robbery, which are concurrent with each other, but consecutive to the life sentence. Cooper appeals after the denial of a motion for new trial. * #. Construed most strongly

Hall v. Lee S##A####, S##X#### (##/##/##) TEXT: BENHAM, Justice. James Allyson Lee was convicted in #### of malice murder, felony murder, armed robbery, and possession of a firearm during the commission of a felony, and he was sentenced to death for the murder. This Court unanimously affirmed Lee#;s convictions and death sentence. Lee v. State , ### Ga. ### (### SE#d #)(####). In ####, Lee filed a petition for writ of habeas corpus,and he filed his amended petition on April ##, ####. An evidentiaryhearing was held

Anderson v. State S##A#### (##/##/##) TEXT: HUNSTEIN, Chief Justice. Appellant Nashon Nikia Anderson appeals from his convictions for murder and related offenses in connection with the fatal shooting of victim John Dean in the parking lot of a nightclub in September ####. Finding no error, we affirm. # Viewed in the light most favorable to the verdict, the evidence reflects that on the evening of the crimes, appellant and a group of his friends attended a concert at a nightclub in Statesboro adjacent to the campus of Georgia

Martin v. Martin S##A#### (##/##/##) TEXT: BENHAM, Justice. This appeal concerns a dispute over a trust in a will. Appellee Linda Faye Armstrong Martin#;s deceased husband#;s will established a "Residence Trust," the assets of which consisted of the marital residence and a bank account. # The trust bank account was to provide fundsfor expenses and maintenance of the residence, as well as providepayment for the trustee#;s services; however, the trust bank accounthad been depleted prior to Mr. Martin#;s death. Because of the lack of

Levenson v. Word S##G#### (##/##/##) TEXT: HUNSTEIN, Chief Justice. This is a conversion case involving the interpretation of OCGA § ##-#-#, a probate statute that addresses the inheritance rights of an individual who feloniously and intentionally kills or conspires to kill the decedent. Appellant Louis Levenson, the administrator c.t.a. of the estate of Jerry Post, brought suit in #### against appellees, two criminal defense attorneys and their law firm, alleging that appellees converted estate property when they accepted certain sums as payment for their professional