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

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    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

  • 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

  • Georgia Farm Bureau Mut. Ins. Co. v. Gaster

    Publication Date: 2001-03-23
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mason White and Hames D. Kreyenbuhl Brennan, Harris & Rominger, Savannah, for appellant.
    for defendant: R. Stephen Sims Barrow & Sims PC and John G. Hunter, Savannah, for appellees.
    Case Number: A00A2252

    The business pursuits exclusion in defendant's homeowner's policy did not preclude coverage for the injury her client sustained when he fell on a step-down into her living room because her maintenan

  • In the Interest of B.K.M.

    Publication Date: 2001-02-09
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Lydia J. Sartain, District Attorney, and Kimberly A. Homer, Assistant District Attorney, Gainesville, for appellant.
    for defendant: David A. Fox Thompson, Fox, Joliff, Chandler & Homans, Gainesville, for appellee.
    Case Number: A00A2508, A00A2509

    A detailed description of the juveniles and their car, as well as the general timeframe and vicinity in which the crimes allegedly occurred, was sufficient evidence to justify a Terry

  • Green v. State

    Publication Date: 2000-05-05
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard K. Murray, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Stephen E. Spencer, Assistant District Attorney, Dalton, for appellee.
    Case Number: A99A2306

    The state negated any inference that a not-guilty verdict would make it worse for the v by telling the jury that their decision would not change what happened to the v

  • Southern Prestige Homes Inc. v. Moscoso

    Publication Date: 2000-05-05
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Tom Pye Chestnut & Livingston PC, Doraville, for appellant.
    for defendant: . Leon Van Gelderen and John A. Ziolo Cornelison & Van Gelderen, Atlanta, for appellee.
    Case Number: A99A1851

    The defendants did not unilaterally rescind a new home purchase and sale contract when they sent a letter to plaintiff stating that they would draft a contract termination agreement which would prov

  • Horton v. State

    Publication Date: 2000-02-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Martin G. Hilliard, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Melanie Higgins, Assistant District Attorney, Savannah, for appellee.
    Case Number: A99A1225

    The trial court should have considered defendant for first offender treatment since he committed armed robbery before the legislature barred application of the First Offender Act to defendants convi