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  • McPetrie v. State

    Publication Date: 2003-09-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Jimmy D. Berry, Marietta, for McPetrie. James S. Anderson Clarke & Anderson PC, Atlanta, for Paschal. Debra H. Bernes and Nancy I. Jordan, Marietta, for Raines. Patrick H. Head, District Attorney, Amy H. McChesney and C. Lance Cross, Assistant District Attorneys, Marietta, for appellee.
    for defendant:
    Case Number: A03A1238; A03A1239; A03A1240

    Defendants had no legal authority to detain and bind the victim who allegedly stole items from their busin

  • State v. Flores

    Publication Date: 2003-08-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: J. Tom Morgan III, District Attorney, Shawn E. LagGrua and Alison T. Burleson, Assistant District Attorney, Decatur, for appellant.
    for defendant: Henry A. Hibbert, William G. Cromwell Cromwell & Hibbert, Atlanta, and Corinne M. Mull, Assistant Public Defender, Decatur, for appellee.
    Case Number: A03A0612

    The narcotics officers' 3-month surveillance of suspected drug activities at an apartment provided probable cause for an investigatory stop of defendants' vehicles after they left the apartment on

  • Smith v. State

    Publication Date: 2003-08-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Angela D. Duncan, Lawrenceville, for Smith. Tyrone M. Hodnett II, Norcross, for Caldwell. Daniel J. Porter, District Attorney, and Julie L. Johnson, Assistant District Attorney, Lawrenceville, for the state.
    for defendant:
    Case Number: A03A0669; A03A0673

    Although the investigating officer violated the Fourth Amendment when he leaned through the doorway of an apa and saw stolen property, the seized evidence was admissible as the fruit of the ap

  • Smith v. Local Union 1863, Int'l Longshoremen's Assoc. of Clerks and Checkers

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Walter D. Adams, Brunswick, for appellant.
    for defendant: Carl G. Fulp III Fulp & Holt, Valdosta, and Donald E. Pinaud Jr. Kattman & Pinaud, Jacksonville, Fla., for appellee.
    Case Number: A02A2397

    The trial court erred in dismissing the plaintiff's suit under the Georgia Equal Employment for Persons With Disabilities Code where the allegations in his complaint virtually tracked parts of the

  • Aliffi v. Liberty County Sch. District

    Publication Date: 2003-02-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Jeffrey W. Lasky and John L. Vaught Ashman, Lasky & Cooper, Savannah, for appellant.
    for defendant: . Billy N. Jones Jones, Osteen, Jones & Arnold, Hinesville, and Fred S. Clark Clark & Clark, Savannah, for appellees.
    Case Number: A02A2408

    A teacher was officially immune from liability for the death of plaintiffs' ter when a large roll of paper fell on her where the teacher was exercising her discretionary authority in sending th

  • Montgomery v. State

    Publication Date: 2003-01-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James D. Sexton and Giles D. Sexton Sexton & Sexton, Lawrenceville, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker and Elisabeth G. Macnamara, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A03A0162

    The state's failure to enter a nolle prosse on defendant's first indic before trying him on his second indic did not affect the validity of his convictions based on the second indic

  • Lewis v. State

    Publication Date: 2002-02-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Laila A. Washington, DeKalb County Public Defender, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Jeanne M. Canavan and Steven C. Chen, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A01A2543

    Evidence that defendant threatened to harm and kill the victims from very close range and that the victims believed that defendant might strike or harm them supported defendant's convictions for sim

  • Burns v. Dees

    Publication Date: 2001-12-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Terry D. Jackson, Atlanta, for appellant.
    for defendant: Stuart S. Busby and John H. Peavy Jr. Bovis, Kyle & Burch, Atlanta, for appellee.
    Case Number: A01A1104

    An oral agreement to give plaintiff an interest in the sale of a rental car lot was unenforceable as a matter of law since material terms such as when the sale would take place and the formula for d

  • Lewis v. State

    Publication Date: 2001-06-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Caprice R. J. Small and Dwight L. Thomas, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Barbara B. Conroy and Gregory K. Schwarz, Decatur, for appellee.
    Case Number: A01A0409

    Based on the evidence, the jury was entitled to disbelieve defendant's claim that he abandoned his participation in an attempted robbery of a group of golfers by walking to water cooler to get a

  • 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