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  • Hayes v. State

    Publication Date: 2002-04-26
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: Elliott A. Shoenthal, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Candace K. Slezak, Decatur, Thurbert E. Baker Jr., Attorney General, and Paula K. Smith, Senior Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A0022

    The defendant strangled the victim, burned her body and dumped it in a

  • Williams v. State

    Publication Date: 2002-03-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Maria Murcier-Ashley, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker, Assistant District Attorney, and Daniel M. Hirsh, Assistant Solicitor, Decatur, for appellee.
    Case Number: A01A2258

    The officer had probable cause to stop a vehicle in which defendant was a passenger based on information that someone in that type of car would be picking up one of the perpetrator's since the offi

  • Hayes v. State

    Publication Date: 2002-03-08
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Michael Mears, Multi-County Public Defender, Atlanta, and William R. Oliver, Cornelia, for appellant.
    for defendant: Michael H. Crawford, District Attorney, Clarkesville, Thurbert E. Baker Jr., Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S01A1818

    The child hearsay statute governs the admissibility of a child's out-of-court hearsay statements, not the child's in-court test

  • Dotson v. State

    Publication Date: 2002-03-01
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Justin J. Wyatt, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Dana J. Norman, Assistant District Attorney, Marietta, for appellee.
    Case Number: A02A0020

    The defendant failed to demonstrate that he or his attorney were present in court and ready for trial during the first two regular terms of court following the filing of his speedy trial d

  • In the Interest of G. G. & B. A. S.

    Publication Date: 2002-02-22
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Christopher W. Williams and Lynn M. Akeley-Alderman Turner, Willis & Alderman LLP, Gainesville, for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Dennis R. Dunn, Deputy Attorney General, William C. Joy, Senior Assistant Attorney General, Shalen S. Nelson, Laura W. Hyman, Assistant Attorneys General, Atlanta, Robert E. Hall, Special Assistant Attorney General, Canton, and Catherine H. Hicks Thompson, Fox, Chandler, Homans & Hicks, Gainesville, for appellee.
    Case Number: A01A2409

    Evidence that an 18-month-old child suffered fractures while in the care of his mother, her boyfriend or the boyfriend's sister, combined with the mother's failure to explain how the fractures occur

  • Baker v. State

    Publication Date: 2001-12-21
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert W. Chestney The Chestney Hawkins Law Firm, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General, and Andrea D. Allen, Assistant Solicitor, Atlanta, for appellee.
    Case Number: A01A1090

    The trial court erred in denying defendant's motion to exclude evidence obtained at a roadblock since the state failed to prove the legality of the roadblock as required under City of Indianapolis v

  • Head v. Ferrell

    Publication Date: 2001-11-02
    Practice Area:
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    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Thurbert E. Baker Jr., Attorney General, Susan V. Boleyn, Senior Assistant Attorney General, and Beth A. Burton, Assistant Attorney General, Atlanta, for Head. Daniel Beck, Cambridge, Mass., Mark E. Olive, Tallahassee, Fla., for Ferrell. Amicus appellant: Emmet J. Bondurant Bondurant, Mixson & Elmore, Atlanta.
    for defendant:
    Case Number: S01A0840, S01X0842

    Defendant failed to proved that he was mentally retarded where his IQ tests registered 80 and 76 prior to his eighteenth birthday, his own expert concluded that he had an I.Q. of 87 and he scored a

  • Gilbert v. Southern Trust Ins. Co.

    Publication Date: 2001-10-19
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: William B. Brown, George H. Myshrall Jr. and Jacqueline Marcucci Heyman & Sizemore LLC, Atlanta, for appellant.
    for defendant: Marvin D. Dikeman and Dennis K. Webb Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellee.
    Case Number: A01A1092

    Issues of fact remained in plaintiff's suit to recover homeowner's and automobile insurance benefits following a

  • Wilbanks v. State

    Publication Date: 2001-09-07
    Practice Area:
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Timothy P. Healy, Toccoa, for Wilbanks. William D. Healan III, Winder, for Michael Kozachyn. Thomas M. Strickland, Athens, for Paul Kozachyn. Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    for defendant:
    Case Number: A01A0918; A01A0919; A01A0920

    Defendants were not entitled to a change of venue because the news articles recounting their home invasion and arrests were devoid of inflammatory language and only nine of 60 venire people were exc

  • Thomas v. State

    Publication Date: 2001-07-27
    Practice Area:
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    Court: Supreme Court
    Judge: Hines, P. Harris
    Attorneys: For plaintiff: Gregory A. Hicks and James K. Luttrell, Woodstock, for Thomas. Carlton C. Carter, Canton, for Taborn. Patrick H. Head, District Attorney, Maria B. Golick, Dana J. Norman, Jack E. Mallard, Assistant District Attorneys, Marietta, Thurbert E. Baker Jr., Attorney General, Paula K. Smith, Senior Assistant Attorney General, and Ruth M. Bebko, Assistant Attorney General, Atlanta, for appellee.
    for defendant:
    Case Number: S01A0146; S01A0321

    Evidence obtained by foreign police is generally admissible regardless of whether foreign authorities comply with the Fourth Amen