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  • Kennedy v. State

    Publication Date: 2009-07-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Joseph W. Jones Jr. Public Defender's Office, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Raymond C. Mayer, Assistant District Attorney, Newnan, for appellee.
    Case Number: A09A0430

    The trial court did not err in admitting evidence of the October 2005 burglary as a similar transaction, since both incidents involved smash and grab burglaries of Chevron Stations in which cigarett

  • Connelly v. State

    Publication Date: 2009-06-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Tracy J. Mullis, Swainsboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and Michael T. Muldrew, Assistant District Attorney, Statesboro, for appellee. Other party representation: Craig S. Bonnell, Rincon.
    Case Number: A09A0994

    The defendant's actions in driving away after complying with an officer's request to stop did not rise to the lever of obstruction, under the circumst

  • All Star Inc. v. Fellows

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Paul J. Oeland IV, Conyers, for appellant.
    for defendant: Edmund A. Waller, Gainesville, for appellees. Other party representation: Scott R. King Slater & King, Atlanta.
    Case Number: A08A2014

    No evidence showed any business relationship between the plaintiff and the three Alabama customers, of whose amusement game business the defendant alleged that the defendants

  • Meadow Springs LLC v. IH Riverdale LLC

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William B. Brown and Jacqueline Marcucci Heyman & Sizemore LLC, Atlanta, for appellant.
    for defendant: David L. Pardue Adorno & Yoss LLC, and Christopher S. Badeaux Hartman, Simons, Spellman & Wood LLP, Atlanta, for appellees.
    Case Number: A08A2030

    It could not be said as a matter of law that the defendants would not be entitled to any equitable relief with respect to the property in question, so the property was involved in their suit complai

  • Allison v. State

    Publication Date: 2009-03-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Carl P. Greenberg, Georgia Capital Defender, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Barbara B. Conroy, Deputy Assistant District Attorney, Decatur, for appellee.
    Case Number: A08A2092

    Defense counsel opened the door to admitting testimony that the defendant's had previously threatened to shoot his ex-girlf

  • Hess v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Blair D. Mahaffey, Assistant District Attorney, McDonough, for appellee.
    Case Number: A08A2380; A08A2381

    The record belied the defendant's contention that the clauses in which he waived his Fourth Amendment rights as a condition of probation were not explained to him either during the plea process or a

  • McKnight v. State

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Samir J. Patel Public Defender's Office, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Cartersville, and Suzanne Z. Brookshire District Attorney's Office, Calhoun, for appellee.
    Case Number: A08A1912

    The officer legally ed the defendant for a broken windshield and a broken tag light and the defendant gave her consent to search less than 10 minutes after the officer effectuated the

  • Cedartown N. Partnership LLC v. Georgia Dept. of Transp.

    Publication Date: 2009-02-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: W. Wright Gammon Jr. Gammon, Anderson & McFall, Cedartown, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Atlanta, and Robert M. Dyer Robert M. Dyer & Assoc., Canton, for appellee.
    Case Number: A08A2266; A08A2267

    The appellant untimely filed its notices of appeal 34 days after the appellee served it with two condemnation petitions and declarations of t

  • Matthews v. State

    Publication Date: 2008-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1020

    The officer did not illegally prolong the defendant's detention, since the officer asked for consent to search, while still investigating the identity of the teenager in the car with the much ol

  • Saye v. Deloitte & Touche LLP

    Publication Date: 2008-12-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A08A1172

    Statements made in the context of the auditing relationship are conditionally privileged, and may be actionable upon a showing of m