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  • Morrow v. State

    Publication Date: 2011-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Rafe Banks III Banks & Stubbs LLP, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, and James A. Dunn, Assistant District Attorney, Cumming, for appellee.
    Case Number: A11A0905

    The Fourth Amendment of the Georgia Constitution affords no greater protection than that provided by the federal constitution in the context of a waiver of such rights as a special condition of prob

  • Radio Sandy Springs Inc. v. Allen Rd. Joint Venture

    Publication Date: 2011-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Francisco J. Marquez, Acworth, for appellant.
    for defendant: Deborah V. Haughton and Noel J. Cotney Jr. Wiles & Wiles, Marietta, for appellee.
    Case Number: A11A1453.

    The Court dismissed an appeal from the grant of summary judgment to the landlord in a dispossessory action for failure to comply with the seven-day filing requirement of O.C.G.A. § 44-7-56 even tho

  • Hendricks v. Dupree

    Publication Date: 2011-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: McFadden, Christopher J.
    Attorneys: For plaintiff: Richard K. Strickland Brown Readdick Bumgartner Carter, Brunswick, for appellant.
    for defendant: Jean E. Johnson Jr. and Willard T. Bullock IV, Marietta, for appellee.
    Case Number: A11A0973

    A county road superintendant was entitled to qualified immunity in personal injur on as the work of cutting back vegetation along a roadway is a discretionar

  • Franzier v. State

    Publication Date: 2011-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Bernard S. Brody Pate & Brody LLP, Atlanta, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and John S. Helton, Assistant District Attorney, Dalton, for appellee.
    Case Number: A11A0196

    The defendant's intoxication did not render his statement inadmis

  • Thomas v. State

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    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

  • Matheson v. Braden

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Peter T. Alford, LaGrange, for appellant.
    for defendant: Frank E. Jenkins III, Robert L. Walker Jenkins, Olson & Bowen PC, Cartersville, and J. Clinton Sumner Jr. Magruder & Sumner, Rome, for appellee.
    Case Number: A11A0712

    The defendant's employee was not acting within the scope of his employment with the defendant when he collided with the plaintiffs' care while driving the defendant's

  • Harris v. State

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: W. McCall Calhoun Jr., Demorest, for appellant.
    for defendant: Lee Darragh, District Attorney, and Lindsey H. Burton, Chief Assistant District Attorney, Gainesville, for appellee.
    Case Number: A11A0673

    The evidence supported the defendant's conviction for conspiracy to commit armed ro even though the jury acquitted him on the charge of attempted armed ro

  • Daniels v. State

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and Keith A. McIntyre, Chief Assistant District Attorney, Statesboro, for appellee.
    Case Number: A11A0418

    The defendant's convi for aggravated assault merged with his armed robbery convi

  • Grant v. Kooby

    Publication Date: 2011-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Dillard, Stephen Louis A.
    Attorneys: For plaintiff: Bradley W. Bledsoe and Ernest C. Trammell, Anderson, S.C., for Grant. Hunter S. Allen Jr. Cara E. Weiner Allen, McCain & O'Mahoney PC and Simuel F. Doster Jr., Atlanta, for Kooby.
    for defendant:
    Case Number: A11A0237; A11A0335

    The trial court erred in denying defendants' motion to dismiss the plaintiff's appeal for failing to timely pay the bill of costs without first making the required findings of

  • Wesby v. State

    Publication Date: 2011-07-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Joshua B. Smith Public Defender's Office, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A11A0276

    Evidence of the defendant's presence near the scene of the crime in possession of an item stolen during the crime and defendant's non-truthful statements to the police supported his convic