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  • Bearfield v. State

    Publication Date: 2010-07-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Cerille B. Nassau, Jonesboro, for appellant.
    for defendant: Tracy G Lawson, District Attorney, and Anece Baxter, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A10A0655

    The defendant lured a 9-year-old victim into his apartment, forced her onto the couch, assaulted her and threw her from a second story ba

  • Richardson v. State

    Publication Date: 2010-07-30
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Edwin J. Wilson, Snellville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Robby A. King District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A10A0331

    The defendant's 30-year sen did not amount to an act of retaliation for his rejection of a plea deal with a lower sen

  • Bautista v. State

    Publication Date: 2010-07-30
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Leah D. Madden Davis, Madden & Assocs. PC, Atlanta, for appellant.
    for defendant: David McDade, District Attorney, Ryan R. Leonard and James A. Dooley, Assistant District Attorneys, Douglasville, for appellee.
    Case Number: A10A1330

    First-degree vehicular homicide cases do not have to include aggravating factors such as speeding or driving while intoxicated, but instead can be proven by showing that a defendant caused the death

  • Smith v. State

    Publication Date: 2010-07-23
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: William M. Peterson, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Venita S. McCoy, Assistant District Attorney, Perry, for appellee.
    Case Number: A10A0316

    Defense counsel reasonably chose to avoid the repetition of testimony reflecting that the defendant had actual, physical possession of the drugs officers found in the vehicle in which he was sitting

  • Faulkner v. State

    Publication Date: 2010-07-23
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Daniel A. Summer Summer & Summer, Gainesville, for appellant.
    for defendant: Lee Darragh, District Attorney, and Alison W. Toller, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A10A0183

    The enhanced images of a videotape depicting the drug sale in question did not support the defendant's mistaken identity

  • Arellano v. State

    Publication Date: 2010-07-23
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A0068

    The defendant failed to show that a reasonable probability existed that his trial's outcome would have differed, had defense counsel objected to the interviewing detective's improper testimony regar

  • Williams v. State

    Publication Date: 2010-07-23
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James D. Lamb, Columbus, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A10A0115

    The defendant's movement of the victims from a bank office to the floor of the main lobby was an inherent part of an armed robbery, occurred during and incidental to the armed robbery, and did not

  • Rana v. State

    Publication Date: 2010-07-16
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: McNeill Stokes, Atlanta, for appellant.
    for defendant: Stephen D. Kelly, District Attorney, and Rocky L. Bridges, Assistant District Attorney, Woodbine, for appellee.
    Case Number: A10A0424

    The defendant asked a detective with the Kingsland Police Department to have his uncle killed, described his location, and paid the detective $7K, when he believed the murder to have been comp

  • Watts v. State

    Publication Date: 2010-07-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brian K. Ross, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Melanie M. Bell, Assistant District Attorney, Covington, for appellee.
    Case Number: A10A1383

    Defense counsel's decision not to impeach the defendant's wife with evidence of her prior convictions was a matter of trial ta

  • Wilson v. State

    Publication Date: 2010-07-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Lawrence W. Daniel, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, and Dana J. Norman, Assistant District Attorney, Marietta, for appellee.
    Case Number: A10A1037

    The victim's testimony supported the defendant's convictions for child molestation and aggravated sexual ba