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  • English v. State

    Publication Date: 2003-04-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: H. Bradford Morris Jr., Gainesville, for appellant.
    for defendant: Jason J. Deal, District Attorney, and Jennifer C. Bagwell, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A02A1793

    The defendant's statements to the arresting officer were not responses to custodial interrogation within the meaning of Miranda because they were made during administrative processing and the office

  • Johnson v. State

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jeffrey L. Grube, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Katherine K. Lumsden, Assistant District Attorney, Perry, for appellee.
    Case Number: A03A0477

    Defense counsel was not deficient for filing an improper, but meritless, motion to recuse the trial

  • Cline v. Lee

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Vickie L. Ford, Cartersville, and George T. Smith Browning & Tanksley LLP, Marietta, for appellant.
    for defendant: James F. Ledbetter, Calhoun, for appellee.
    Case Number: A02A2181

    Plaintiff's fraud claims against a developer for allegedly breaching his agreement not to become a competing builder in a residential subdivision project failed since the undisputed evidence showed

  • Wright v. State

    Publication Date: 2003-03-21
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Carley, George H.
    Attorneys: For plaintiff: Maria Murcier-Ashley, Marietta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy, Deputy Assistant District Attorney, Thurbert E. Baker Jr., Attorney General, Mary Beth Westmoreland, Deputy Attorney General, Paula K. Smith and Ruth M. Pawlak, Assistant Attorneys General, Atlanta, for appellee.
    Case Number: S02A1890

    The defendant fatally shot the unarmed victim as the victim fled behind his grandfather's

  • Baker v. State

    Publication Date: 2003-02-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Maria Murcier-Ashley, Marietta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker and Andrette Watson, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A03A0091

    The victim unequivocally identified the defendant as the man who attacked him with a large metal

  • Rouse v. State

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Sears, Leah Ward
    Attorneys: For plaintiff: John R. Greco, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, Assistant District Attorney, Marietta, Thurbert E. Baker Jr., Attorney General, and Madonna M. Heinemeyer, Assistant Attorney General, Atlanta, for appellee.
    Case Number: S02A1005

    The trial court's error in charging that the jury could infer intent to kill from the use of a deadly weapon was harmless, given the overwhelming evidence of defendant's m

  • Hinson v. Black

    Publication Date: 2002-10-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Ralph F. Simpson Simpson & Cross, and Joseph I. Carter, Tifton, for appellant.
    for defendant: Joseph B. Gray Jr.,Tifton, for appellee. Other party representation: Thomas H. Pittman, Tifton.
    Case Number: A02A1519

    The defendant, who was present when the plaintiff's visibly intoxicated daughter fell off a balcony to her death, was entitled to summary judgment in a negligence action because he assumed no duty

  • Byelick v. Michel Herbelin USA Inc.

    Publication Date: 2002-10-11
    Practice Area:
    Industry:
    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Michael B. Butler, Atlanta, for appellant.
    for defendant: Christopher B. Lyman and Susan A. Cahoon Kilpatrick Stockton LLP, Atlanta, for appellee.
    Case Number: S02A0761

    The trial court did not abuse its discretion in dissolving an ex parte temporary restraining order barring defendant from interfering in plaintiff's operation of defendant's watch making business wh

  • Blouin v. State

    Publication Date: 2002-07-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Michael A. Zoffman, Atlanta, and Jay L. Palmer, Decatur, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, Irvan A. Pearlberg and Amelia G. Pray, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A02A0600

    The defendant received ineffective assistance of counsel when his attorney failed to introduce the transcript of his probation revocation hearing at which his co-indictee assumed full responsibility

  • Carter v. State of Georgia

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: James W. Smith, Athens, for appellant.
    for defendant: . Kenneth W. Mauldin, District Attorney, Athens, Anthony C. Lee and Thomas W. Hayes Prosecuting Attorney's Council of Ga., Smyrna, for appellee.
    Case Number: A01A2243

    Defendants' truck was subject to forfeiture under O.C.G.A. § 16-13-49 because it was used to facilitate the possession of marijuana with the intent to distr