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  • Collins v. State

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John H. Bradley Public Defender's Office, Millegeville, for appellant.
    for defendant: Fredric D. Bright, District Attorney, Charles L. Guerin IV and Daniel B. Cochran, Assistant District Attorneys, Millegeville, for appellee.
    Case Number: A11A0045

    Any error in the trial court admitting testimony that the defendant was the victim's first sexual partner was harmless, as it was cumulative of the victim's other testimony regarding this same fact,

  • Thomas v. State

    Publication Date: 2011-07-22
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Statesboro, and Brian A. Deal, Assistant District Attorney, Springfield, for appellee.
    Case Number: A11A0126

    The Court reversed the defendant's kidnapping conviction because the movement of the victim was incidental to the assault and did not isolate the victim from protection or r

  • City of Atlanta v. Benator

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Laurance J. Warco, John H. Fleming, Allegra J. Lawrence-Hardy Sutherland, Asbill & Brennan, Laura Sauriol-Gibris City of Atlanta Law Dep't, John M. Parsons and Amanda M. Conley Parsons Law Group, Atlanta, for the city of Atlanta. Edward A. Webb, Matthew C. Klase Webb, Klase & Lemond, John M. Parsons and William L. Pratt, Atlanta, for Benator. Alfred B. Adams III, Vernon M. Strickland Holland & Knight LLP and Rodney K. Strong Griffin & Strong PC, Atlanta, for K & V Meter Automation. Rodney K. Strong Griffin & Strong PC, Atlanta, for Metals & Materials Engineers. Other party representation: Kimberly R. Ward Holland & Knight, Theodore Freeman, T. Bart Gary, Jacob E. Daly Freeman, Mathis & Gary LLP, William L. Pratt, Atlanta.
    for defendant:
    Case Number: A11A0769; A11A0770; A11A0771; A11A0772

    In a case of first impression, the Court held that ante litem notice must be provided separately for each named plaintiff in a class action la

  • Hale v. State

    Publication Date: 2011-07-15
    Practice Area:
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    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Kristen C. Quinton, Macon, for appellant.
    for defendant: Charles A. Spahos, Solicitor General, and Joseph L. Stone Solicitor General's Office, McDonough, for appellee.
    Case Number: A11A0327

    The trial court's error in informing the jury of the existence of excluded Intoxilyzer 5000 test results when instructing the jury on the differences between Georgia's two types of DUI, was harmless

  • Nunnally v.State

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Virginia L. Garrard, Public Defender, Monroe, for appellant.
    for defendant: Layla H. Zon, District Attorney, Covington, and Kimberly M. Minicozzi, Assistant District Attorney, Monroe, for appellee.
    Case Number: A11A0729

    The officer improperly abandoned a traffic stop to pursue a drug offense and so the marijuana found in the defendant's vehicle amounted to the fruit of an illegal s

  • City of Atlanta v. City of College Park

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Michael S. Fineman City of Atlanta Law Dep't, Atlanta, for City of Atlanta. Winston A. Denmark, Steven M. Fincher, Michael J. Williams, L'Erin F. Barnes and Emilia C .Walker Fincher, Denmark & Williams LLC, Jonesboro, for City of College Park.
    for defendant:
    Case Number: A10A2054; A10A2055

    College Park and only College Park is authorized to levy, assess, and collect an occupation tax from businesses and practitioners at the airport within its city l

  • Benedict v. State Farm Bank FSB

    Publication Date: 2011-04-08
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: C. M. Benedict, Ponte Vedra Beach, Fla., proceeded pro se. Adwoa G. Seymour Bryan Cave LLP and John C. Patton Lewis, Brisbois, Bisgaard & Smith LLP, Atlanta, for appellee.
    for defendant:
    Case Number: A10A2289

    Plaintiff failed to state a claim for intentional infliction of emotional dis because his complaint alleged neither humiliation, embarrassment, fright, extreme outrage, nor severe emotional dis

  • Hawkins v. State

    Publication Date: 2010-12-17
    Practice Area:
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    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: Katherine A. Gonos, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Justo C. Cabral III, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A10A1575

    The trial court did not err in denying defendant's motion to suppress because the officer had reason to believe that evidence of the crime for which he arrested defendant would be found in the vehic

  • Scott v. Waits

    Publication Date: 2010-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Martha M. Pearson and Phillip L. Hartley Harben, Hartley & Hawkins, Gainesville, for appellant.
    for defendant: William M. Akin Akin & Tate LLC, Cartersville, for appellees.
    Case Number: A10A1192

    The defendant had no ministerial duty to inspect an unsecured gate with a broken latch, which struck the hood of the plaintiff's vehicle as she left a high school

  • Smith v. State

    Publication Date: 2010-11-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Charles E. W. Barrow, Athens, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Walter C. Howard District Attorney's Office, Monroe, for appellee.
    Case Number: A10A1014

    The trial court did not violate O.C.G.A. § 17-8-57, after the defense put venue into question, when the trial judge instructed the state to call another witness, limited the scope of that witnesses'