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  • Allen v. State

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Lovett Bennett Jr., Statesboro, for appellant.
    for defendant: William S. Askew, District Attorney, Swainsboro, for appellee.
    Case Number: A01A0423

    The trial court violated defendant's right to be tried by an impartial jury by requiring him to wear leg shackles, even though he was not disruptive, had not threatened anyone and did not attempt to

  • Lewis v. State

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: W. Keith Barber Allen & Barber, Statesboro, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, and Katherine L. Kissam, Special Assistant District Attorney, Marietta, for appellee.
    Case Number: A00A2061

    Given the evidence of defendant's intoxication, he could not show that he was prejudiced by his counsel's failure to require the state to lay a proper foundation for admission of the Alcosensor re

  • Allen v. State

    Publication Date: 2001-01-12
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    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Steven H. Sadow, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney and William H. McClain, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A00A0920

    Defendants must be given the opportunity to impeach the credibility of declarants whose statements are admitted under the medical diagnosis or treatment exception to the hearsay

  • Allen v. State

    Publication Date: 2000-10-27
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Lynn Wilson, Barnesville, for appellant.
    for defendant: Richard G. Milam, District Attorney, Jackson, and Paul E. Hemmann, Assistant District Attorney, Barnesville, for appellee.
    Case Number: A00A1802

    Defendant's statement that he would burn down the victim's house, coupled with his presence on the crime scene, provided sufficient evidence for the jury to find him guilty of

  • Powell v. State

    Publication Date: 2000-10-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jon V. Forehand Allen & Forehand, Moultrie, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, and Andrew W. Pope, Assistant District Attorney, Moultrie, for appellee.
    Case Number: A00A1754

    The officers' search for safety purposes of the bedroom in which they a d the defendant did not exceed the scope of a search incident to a

  • Allen v. Columbus Bank & Trust Co.

    Publication Date: 2000-08-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: David. J. Grindle, Columbus, for appellant.
    for defendant: W.G. Scrantom Jr. and William L. Tucker Page, Scrantom, Sprouse, Tucker & Ford, Columbus, for appellee.
    Case Number: A00A0839

    There was no evidence of concealment or fraud by bank that deterred plaintiff from discovering a breach of bank's fiduciary duty and tolled the 10-year statute of limitation on plaintiff's claim of

  • Allen v. State

    Publication Date: 2000-07-28
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn R. Keyes, Solicitor General, Ann S. Brumbaugh and Thomas W. Csider, Assistant Solicitors, Decatur, for appellee.
    Case Number: A00A0943

    Defendant should receive credit for the 41 days he spent in jail awaiting trial after his arrest on a bench warrant, since defendant's confinement was due to the criminal charges against him, not t

  • Kirkland v. Pioneer Mach. Inc.

    Publication Date: 2000-06-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Rodney L. Allen, Moultrie, for appellant.
    for defendant: Thomas L. Kirbo III Kirbo, McCalley & Forehand, Moultrie, and David E. Dubberly Duff, Dubberly, Turner, White & Boykin, Columbia, S.C., for appellees.
    Case Number: A00A0389

    Even if employer made fraudulent misrepresentations as to whether employee would soon be fired, the employee had no cause of action since his employment contract was terminable at

  • Wheeling-Culligan v. Allen

    Publication Date: 2000-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: David J. Worley Jacobs & Slawsky PA, Atlanta, and Stuart Goldstein, Miami, Fla., for appellant.
    for defendant: . Hunter R. Hughes III and Daniel D. Zegura Rogers & Hardin, Atlanta, for appellee.
    Case Number: A00A0065

    Court order quashing Florida plaintiffs' subpoena to take Georgia witness's deposition is presumed correct because the order was based on the witness's interrogatory responses that were not included

  • Allen v. State

    Publication Date: 2000-06-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: David T. Wooten, Athens, for appellant.
    for defendant: Harry N. Gordon, District Attorney, and John A. Pursley, Assistant District Attorney, Athens, for appellee.
    Case Number: A00A0272

    Trial court properly allowed the state to introduce a bench warrant for defendant's arrest that was issued after defendant failed to appear for