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  • Yates v. State

    Publication Date: 2003-09-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John L. Land Newton County Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla v. Hinton, Assistant District Attorney, Covington, for appellee.
    Case Number: A03A1272

    Defendant's sentence requiring him to serve time in a probation detention center did not violate the constitutional prohibition on ex post facto laws, even though the sentencing statute in effect wh

  • Zwiren v. Thompson

    Publication Date: 2003-04-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Robert P. Monyak, Anna B. Fretwell and Luca W. Andrews Love Willingham Peters Gilleland Monyak, Atlanta, for appellant.
    for defendant: . Jim N. Peterson Jr. Peterson & Harris, Atlanta, for appellee. Amicus Appellant: Thomas S. Carlock Carlock, Copeland, Semler & Stair LLP, Atlanta. Amicus Appellee: John S. Taylor Taylor, Harp & Callier, Columbus. Neutral amicus: Antoinette D. Johnson Boone & Stone, Atlanta, and William S. Stone Boone & Stone, Blakely.
    Case Number: S02G1063

    The trial court did not reversibly err in charging the jury that a medical malpractice plaintiff had to prove her case within a reasonable degree dical certainty, rather than a reasonable degre

  • Smith v. State

    Publication Date: 2002-11-08
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Daniel A. Summer Summer & Summer and Elizabeth B. Reisman, Gainesville, for appellant.
    for defendant: Jason J. Deal, District Attorney, Lisa A. Jones and Jennifer C. Bagwell, Assistant District Attorneys, Gainesville, for appellee.
    Case Number: S02A0595

    Hispanics were not underrepresented on Hall County's traverse jury list, despite a presumptively prejudicial 14.5 percent disparity between the 2000 Census and the master trial jury list, since only

  • Fitz v. State

    Publication Date: 2002-08-02
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Thompson, Hugh P.
    Attorneys: For plaintiff: R. Andrew Fernandez, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Elizabeth A. Baker, Marc A. Mallon, Assistant District Attorneys, Thurbert E. Baker Jr., Attorney General, and Tammie J. Philbrick, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A0934

    The affidavit which set forth specific information connecting defendant to the murder victims provided a substantial basis for the magistrate to conclude that probable cause existed to issue the sea

  • Code v. State

    Publication Date: 2002-04-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Arleen Evans, Griffin, for appellant.
    for defendant: William T. McBroom III, District Attorney, Fayetteville, and Robert H. English, Assistant District Attorney, Griffin, for appellee.
    Case Number: A02A0814

    Defendant was seen removing over $2,800 worth of merchandise from a K-Mart store with a wheelbarrow through the closed garden center and when a K-Mart employee tried to stop the defendant from leavi

  • Rapid Group Inc. v. Yellow Cab of Columbus Inc.

    Publication Date: 2001-12-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: David A. Webster, Atlanta, for appellant.
    for defendant: Taylor W. Jones and Richard E. Harris Taylor W. Jones & Assocs., Atlanta, for appellee.
    Case Number: A01A1363

    The trial court properly held that defendants could not rely on a case that changed existing law and was decided long after the alleged malpractice occ

  • Dyer v. Honea

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gregory W. Lancaster Peevy & Lancaster PC, Lawrenceville, for Dyer. William M. Droze Troutman Sanders, Atlanta, Jerry A. Daniels Daniels & Taylor, Dennis L. Collins III, Lawrenceville, and Jonathan J. Wade Webb & Lindsey, Peachtree City, for Joel Honea. Jerry A. Daniels Daniels & Taylor, Lawrenceville, for Robert Honea. Daniel S. Reinhardt and William M. Droze Troutman Sanders, Atlanta, for Wayne Bailey. Other party representation: Walter M. Britt Chandler & Britt, Buford.
    for defendant:
    Case Number: A01A0991; A01A0992; A01A0993

    The pendency of plaintiff's viable claims against other defendants did not bar his legal malpractice claim because the alleged malpractice did not arise out of the defending attorney's handling of a

  • Hall v. State

    Publication Date: 2001-11-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Billy M. Grantham, Donalsonville, for appellant.
    for defendant: J. Brown Moseley, District Attorney, and Ronald R. Parker, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A02A0098

    Evidence that defendant hit one victim several times in her stomach while holding handgun on her supported his conviction for aggravated as

  • Blackford v. State

    Publication Date: 2001-09-07
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Glynn R. Stepp Stepp & Randazzo LLC, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Phil Wiley and Dawn H. Taylor, Assistant District Attorneys, Lawrenceville, for appellee.
    Case Number: A01A1869

    Defendant was not entitled to a charge on accident because he admitted that he grabbed the victim by the throat to get her to pas

  • Heng v. State

    Publication Date: 2001-09-07
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Demetria N. Gibson DeKalb County Public Defender's Office, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker and Jeanne M. Canavan, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A01A1196

    There was no substantial likelihood of irreparable misidentification from the impermissibly suggestive pretrial line-up and photo array because both victims identified the defendant from his face wi