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  • Anderson v. State

    Publication Date: 2004-09-10
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Richard O. Allen, St. Mary's, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, and Henry R. Thompson, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A0974

    Defendant's 1981 conviction for rape and kidnapping was admissible to show his intent and bent of

  • Frazier v. State

    Publication Date: 2004-06-25
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: W. Keith Barber Allen & Barber PC, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Statesboro, for appellee.
    Case Number: A04A0172

    The trial court did not harmfully err in charging the jury on both DUI-less safe driver and per se DUI for having a blood-alcohol concentration over .1 grams percent, even though the defendant was o

  • Wyman v. State

    Publication Date: 2004-04-30
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard O. Allen, St. Mary's for appellant.
    for defendant: Patrick H. Head, District Attorney, and Dana J. Norman, Assistant District Attorney, Marietta, for appellee.
    Case Number: A04A0591

    The trial court was prohibited from participating in the plea negotiation process and lacked authority to accept a different plea so the trial court did not err in refusing to allow the defendant t

  • Allen v. State

    Publication Date: 2004-04-30
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Teresa O. Weiner, Jonesboro, for appellant.
    for defendant: Steven L. Harris, Solicitor General, and Lura H. Landis, Assistant Solicitor General, Fayetteville, for appellee.
    Case Number: A03A2526

    The defendant was estopped from challenging his 1997 nolo plea under the authority of O.C.G.A. § 40-13-33 a, because he failed to attack the validity of that plea within 180 days of the day it becam

  • Ogden v. State

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Richard O. Allen, St. Mary's, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Dana J. Norman, Assistant District Attorney, Marietta, for appellee.
    Case Number: A04A0097

    The defendant demanded money from the victim while displaying a closed knife with a quick release b

  • Allen v. State

    Publication Date: 2004-02-20
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Teresa O. Weiner, Jonesboro, for appellant.
    for defendant: Steven L. Harris, Solicitor General, and Lura H. Landis, Assistant Solicitor General, Fayetteville, for appellee.
    Case Number: A03A2526

    The trial court erred in considering defendant's prior DUI nolo in aggravation of his sentence where the form did not show on its face that he was aware of his rights before entering the

  • Atlantic Coast Mechanical v. R. W. Allen Beers Constr.

    Publication Date: 2003-12-12
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Deborah Ebel, David N. Stern McKenna, Long & Aldridge LLP, Atlanta, Herman M. Braude, Gerson Kramer, Sean Palmer and Douglas Horton Braude & Margulies PC, Washington D.C., for appellant.
    for defendant: John I. Spangler III Alston & Bird, Atlanta, for appellee. Other party representation: Thurbert E. Baker Jr., Attorney General, George S. Zier, Assistant Attorney General, George C. Reid, Atlanta, and Wendell K. Howell Lumley & Howell, Macon.
    Case Number: A03A0893

    The trial court erred in granting summary judgment to the defendant in its subcontractor's suit for increased costs and expenses incurred in performing its heating, ventilation, air conditioning and

  • Allen v. State

    Publication Date: 2003-10-10
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Steven E. Fanning Fanning & Hudson, Newnan, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Charles P. Boring, Assistant District Attorney, Newnan, for appellee.
    Case Number: A03A1142

    Defendant forfeited his right to open and close arguments when his counsel read the victim's handwritten during cross-examination of the detective who found a Mother's Day card containing the

  • State v. Allen

    Publication Date: 2003-08-29
    Practice Area:
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: James D. McDade, District Attorney, Christopher R. Johnson and Pamela D. Brophy, Douglasville, for appellant.
    for defendant: Frank C. Winn Winn, Price & Winn, Douglasville, and Bert W. Cohen, Marietta, for appellee.
    Case Number: A03A1548, A03A1549

    Nothing in O.C.G.A. § 17-7-53.1 allows a quashed accusation to trigger the prosecutor

  • Arnold v. State

    Publication Date: 2003-07-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: W. Keith Barkber Allen & Barber PC, Statesboro, for appellant.
    for defendant: Patrick H. Head, District Attorney, Samuel W. Lengen and Amy H. McChesney, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A03A1599

    Because the trial court reduced the defendant's conviction for second degree criminal property damage to misdemeanor criminal trespass, his argument that the state failed to prove damages of more tha