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  • White v. State

    Publication Date: 2003-05-30
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Jennifer E. Hildebrand, Lafayette, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, Lafayette, Thurbert E. Baker Jr., Attorney General, and Paula K. Smith, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S03A0062

    Defendant's wife's statement that the victim probably did not see who shot him was admissible under the necessity exception to the hearsay rule after she invoked the marital priv

  • Lowery v. State

    Publication Date: 2003-03-28
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: L. Stanford Cox III, Monroe, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Jeffrey L. Foster, Chief Assistant District Attorney, Monroe, for appellee.
    Case Number: A03A0218

    The defendant's trial counsel was not deficient in failing to call him to testify in his own defense where the evidence showed that the defendant was well aware of his right to testify, but agreed w

  • Lord v. State

    Publication Date: 2003-02-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Ramon J. Fajardo, Leesburg, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Elberton, Marsha D. Cole, Chief Assistant District Attorney, Danielsville, and Richard K. Bridgeman, Assistant District Attorney, Hartwell, for appellee.
    Case Number: A02A2319

    The victim identified the defendant as the intruder who surprised him in his kitchen, attacked him with an iron skillet, robbed him, knocked him out and tied h

  • State v. Lejeune

    Publication Date: 2003-02-21
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Peggy A. Katz, Assistant District Attorney, and Thurbert E. Baker Jr., Attorney General, Atlanta, for the state. Brian Steel The Steel Law Firm PC, and August F. Siemon III, Atlanta, for Lejeune.
    for defendant:
    Case Number: S02A1277; S02A1346; S02A1349

    Police lacked probable cause to search defendant's vehicle that was legally parked in defendant's residential parking space when defendant and his girlfriend were arrested for suspected m

  • Denson v. State

    Publication Date: 2003-02-14
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: J. Michael Bass Closson, Bass & Tomberlin, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Bradfield M. Shealy, Senior Assistant District Attorney, Valdosta, for appellee.
    Case Number: A03A0066

    A second witness's testimony that he heard a man tell the first victim that two other men should check their mailbox for bombs corroborated the first witness's testimony that defendant threatened to

  • Nixon v. State

    Publication Date: 2002-12-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jennifer R. Burns Darden, Burns & Burns LLP, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Thomas M. Cerbone, Assistant District Attorney, Savannah, for appellee.
    Case Number: A02A2371

    Evidence regarding the drugs found in the defendant's car and the currency in his possession supported his conviction for cocaine possession with the intent to distr

  • Yancey v. State

    Publication Date: 2002-11-15
    Practice Area:
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    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Harold S. Gulliver, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker Jr., Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee. Amicus Appellant: James C. Bonner Jr. Georgia Indigent Defense Council, Atlanta.
    Case Number: S02A0843

    A statement made by an individual who was under suspicion for the crimes in question did not meet the requirements for trustworthiness under the necessity exception to the hearsay

  • Shivers v. State

    Publication Date: 2002-11-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gerald P. Word Johnson, Word & Simmons, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Charles M. Lane, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A02A1582

    The magistrate lacked probable cause to issue a search warrant based on uncorroborated reports from unnamed informants which amounted to no more than mere rumors that defendant was violating drugs

  • Yancey v. State

    Publication Date: 2002-09-27
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Fletcher, Norman S.
    Attorneys: For plaintiff: Harold S. Gulliver, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, Thurbert E. Baker Jr., Attorney General, and Jill M. Zubler, Assistant Attorney General, Atlanta, for appellee. Amicus Appellant: James C. Bonner Jr. Georgia Indigent Defense Council, Atlanta.
    Case Number: S02A0843

    A statement made by an individual who was under suspicion for the crimes in question did not meet the requirements for trustworthiness under the necessity exception to the hearsay

  • Aukerman v. Witmer

    Publication Date: 2002-07-26
    Practice Area:
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James L. Paul and Eric C. White Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellant.
    for defendant: Gary A. Barnes, Nancy E. Gordon Gambrell & Stolz LLP, Robert D. Feagin Decker & Hallman, Atlanta, and James H. Webb Jr. Webb, Stuckey & Lindsey, Peachtree City, for appellee.
    Case Number: A02A0077; A02A0716

    The plaintiff was not entitled to summary judgment on the defendants counterclaim for breach of fiduciary duty because there was some evidence that plaintiff engaged in unauthorized and unlawful acc