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  • Bergen v. State

    Publication Date: 2009-12-04
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: David J. Dunn Jr. Public Defender's Office, LaFayette, and Deborah L. Allen, Assistant Public Defender, Ringgold, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, LaFayette, and Melissa A. Pittman District Attorney's Office, Ringgold, for appellee.
    Case Number: A09A2350

    The trial court erred in revoking more than two years of the defendant's probation in the absence of evidence that he committed a f

  • Reynolds Properties, Inc. v. Bickelmann

    Publication Date: 2009-11-06
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kristine R. Tarrer, Eatonton, for appellant.
    for defendant: Thomas P. Allen III Martin Snow LLP, Macon, for appellee. Other party representation: Ned Blumenthal Weissman, Nowak, Curry & Wilco PC, Atlanta.
    Case Number: A09A1164

    A realty was not entitled to a commission where the buyers and sellers agreed to terminate the real estate sales contract and to release all parties from their responsibil

  • Martin v. State

    Publication Date: 2009-10-30
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert Kenner Jr., Stone Mountain, for appellant.
    for defendant: Charles A. Spahos, Solicitor General, and Jefferson F. Upchurch, Assistant Solicitor General, McDonough, for appellee.
    Case Number: A09A1656

    Trial counsel was not deficient for failing to object to prior difficulty evidence that a few months earlier, while his girlfriend was pregnant, the defendant pushed her several times during an arg

  • Brown v. State

    Publication Date: 2009-10-23
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and W. Scott Brannen, Assistant District Attorney, Statesboro, for appellee.
    Case Number: A09A0894

    The trial court did not abuse its discretion in admitting the videotape of the victim's forensic interview, since the interviewer developed rapport with the child, did not attempt to influence the c

  • Johnson v. State

    Publication Date: 2009-10-23
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Douglas C. Vassy, Solicitor General, Carrollton, for appellee.
    Case Number: A09A1141

    A state trooper had authority to do to the door of the defendant's apartment in the court of his DUI investig

  • Bauman v. Humphries

    Publication Date: 2009-10-16
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: David C. Cole, Norcross, for appellant.
    for defendant: Allen W. Bodiford, Stockbridge, for appellee.
    Case Number: A09A1096

    The trial court erred in incarcerating the appellant based only upon a letter from opposing counsel asserting that she had not complied with the terms of a prior

  • Pittman v. Coosa Med. Group PC

    Publication Date: 2009-10-16
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Stephen V. Kern Kitchens, Kelley & Gaines PC, Atlanta, for appellant.
    for defendant: Virginia B. Harman and Thomas H. Manning Hunter, Stegall, Peek, Harman, Smith & Manning LLP, Rome, for appellee.
    Case Number: A09A2006

    The medical practice had legitimate business interests in enforcing the restrictive covenant of a formerly employed phys

  • Gunn v. State

    Publication Date: 2009-10-16
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Jason W. Swindle Drummond & Swindle and Maryellen Simmons, Assistant Chief Circuit Public Defender, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Anne C. Allen and Jeffery W. Hunt, Assistant District Attorneys, Carrollton, for appellee.
    Case Number: A09A1595

    The trial court did not abuse its discretion in admitting evidence of the defendant's prior sexual abuse of three other children to show his intent or state of mind, because the evidence was suffici

  • Smith v. State

    Publication Date: 2009-10-09
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Kenneth D. Kondritzer, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and John O. Williams, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A09A2143

    Defense counsel was not deficient for failing to make a meritless objection to the prosecutor's closing arg

  • Williams v. Baker County

    Publication Date: 2009-10-09
    Practice Area:
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John C. Spurlin Spurlin & Spurlin, Tifton, for appellant.
    for defendant: John M. Stephenson Watson, Spence, Lowe & Chambless and Thomas Q. Langstaff Langstaff Law Offices, Albany, for appellee.
    Case Number: A09A1222

    The plaintiff failed to establish that the Baker County employee was acting within the scope of his employment when his personally owned vehicle struck the plaintiff'