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  • Holloway v. State

    Publication Date: 2006-03-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: William A. Adams Jr., Thomaston, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Cindy L. Spindler, Assistant District Attorney, Fayetteville, James E. Hardin, Assistant District Attorney, Griffin, and Robert H. English, Assistant District Attorney, Thomaston, for appellee.
    Case Number: A05A2112

    The defendant did not show that he could have produced an alibi if the state had narrowed the dates in his indictment for aggravated child molestation, child molestation and i

  • Flores v. State

    Publication Date: 2006-01-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A2201

    O.C.G.A. § 16-13-31 e 3 mandated the defendant's sentence of 25 years with a $1 million

  • McElmurray v. Augusta-Richmond County

    Publication Date: 2005-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: F. Edwin Hallman Jr. and Richard P. Decker Decker, Hallman, Barber & Briggs PC, Atlanta, for appellant.
    for defendant: . James W. Ellison Burnside, Wall, Daniel & Ellison, Robert P. Sentell III Kilpatrick Stockton LLP, Augusta, and Carol R. Geiger McKenna, Long & Aldridge, Atlanta, for appellee.
    Case Number: A05A0262

    The damage to the plaintiffs' crops and cattle directly arose from the city's negligent use of their insured vehicles in spreading contaminated sludge generated at the city's wastewater treatment

  • McElmurray v. Augusta-Richmond County

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: F. Edwin Hallman Jr. and Richard P. Decker Decker, Hallman, Barber & Briggs PC, Atlanta, for appellant.
    for defendant: . James W. Ellison Burnside, Wall, Daniel & Ellison, Robert P. Sentell III Kilpatrick Stockton LLP, Augusta, and Carol R. Geiger McKenna, Long & Aldridge, Atlanta, for appellee.
    Case Number: A05A0262

    The damage to the plaintiffs' crops and cattle directly arose from the city's negligent use of their insured vehicles in spreading contaminated sludge generated at the city's wastewater treatment

  • Blackston v. Georgia Dep't of Pub. Safety

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: David A. Sleppy, Lisa J. Bucko Cathey & Strain, Cornelia, and Paul B. Mazur, Atlanta, for appellants. Thurbert E. Baker, Attorney General, Loretta L. Pinkston, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: A05A1319

    The trial court properly dismissed an action claiming that the plaintiffs' injuries were caused by the reckless high-speed pursuit of a fleeing vehicle because the state has no liability for losses

  • Salmeron v. State

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Ricky W. Morris Jr. and J. Scott Key Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A0636

    The arresting officer did not unreasonably expand the scope or dur of a valid traffic stop when he asked for and was granted permission to search the defendant's car while he was issuing the cit

  • State v. Bibbins

    Publication Date: 2004-12-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: William T. McBroom III, District Attorney, and Thomas J. Ison Jr., Assistant District Attorney, Griffin, for appellant.
    for defendant: Virgil L. Brown, Eric D. Hearn and Ronald J. Ellington Virgil L. Brown & Assocs., Zebulon, for appellee.
    Case Number: A04A1305

    An officer's request for consent to search for drugs during the course of a brief, on-going traffic stop does not, in and of itself, violate the Fourth Amendment so as to make a valid detention "ill

  • Aon Risk Servs. Inc. of Ga. v. Commercial & Military Sys. Co. Inc.

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Theodore J. Sawicki, Scott P. Hilsen and Regina S. Molden Alston & Bird LLP, Atlanta, for appellant.
    for defendant: . Edward J. Tarver and Patrick C. Smith Jr. Hull, Towill, Norman, Bartlett & Salley, Augusta, for appellee.
    Case Number: A04A0913; A04A0917

    Unauthenticated letters were inadmissible under the business records exception to the hearsay rule where the author was not available for cross-examin

  • Dixon v. State

    Publication Date: 2004-06-18
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Fred R. Simpson, Rome, David Balser, James D. Dantzler Jr., James A. Washburn and Thomas B. Bosch McKenna, Long & Aldridge LLP, Atlanta, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, John F. McClellan Jr., Assistant District Attorney, Rome, for appellee. Amicus appellant: Brenda J. Bernstein The Bernstein Firm PC, Nicholas A. Lotito, Atlanta, Michael E. Paulhus, William D. Iverson, Claire G. Kunstling Covington & Burling, Washington, D.C.
    Case Number: S04A0072

    The defendant was entitled to the lessor of two punishments under the rule of lenity because the two statutes-misdemeanor statutory rape and felony child molestation-are in con

  • Dixon v. State

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Fred R. Simpson, Rome, David Balser, James D. Dantzler Jr., James A. Washburn and Thomas B. Bosch McKenna, Long & Aldridge LLP, Atlanta, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, John F. McClellan Jr., Assistant District Attorney, Rome, for appellee. Amicus appellant: Brenda J. Bernstein The Bernstein Firm PC, Nicholas A. Lotito, Atlanta, Michael E. Paulhus, William D. Iverson, Claire G. Kunstling Covington & Burling, Washington, D.C.
    Case Number: S04A0072

    The defendant was entitled to the lessor of two punishments under the rule of lenity because the two statutes-misdemeanor statutory rape and felony child molestation-are in con