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  • Council v. State

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jason R. hasty Public Defender's Office, Augusta, for appellant.
    for defendant: Charles R. Sheppard and Rebecca A. Wright, Assistant District Attorneys, Augusta, for appellee.
    Case Number: A09A0290

    Any error in the trial court's denial of the defendant's request to have his leg shackles removed during trial was har

  • Wells v. State

    Publication Date: 2009-04-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Herbert Adams Jr. The Adams Law Group PC, Jonesboro, for appellant.
    for defendant: Jewel C. Scott, District Attorney, and Dawn M. Belisle-Skinner, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A08A2043

    The trial court impermissibly communicated with the jury when it gave instructions concerning the deliberating jury's reported deadlocked status outside of the defendant's pre

  • Nash v. Compass Bank

    Publication Date: 2009-04-10
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Richard J. Storrs, Atlanta, for appellant.
    for defendant: . Sara L. Doyle and Allen A. Hendrick Holland & Knight LLP, Atlanta, for appellee.
    Case Number: A08A2374

    The appellee showed that the partially completed office park at issue sold for its true value of $2.6 during a foreclosure sale, after the appellant defaulted on a $3.5M

  • Haugabook v. Crisler

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: H. Jerome Strickland and Christopher B. Jarrard Jones, Cork & Miller LLP, Macon, for appellant.
    for defendant: J. Edward Allen Jr., Jeffrey W. DeLoach Fortson, Bentley & Griffin PA, Athens, and F. Gregory Melton Davis & Melton PC, Dalton, for appellees.
    Case Number: A08A0688

    The doctrine of money had and received fits the facts of this case in which the plaintiff's son-in-law borrowed $1M from the plaintiff to cover fictitious settlement proceeds t the defendants from a

  • Killings v. State

    Publication Date: 2009-04-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: John P. Rutkowski, Atlanta, and Romin V. Alavi Plichta, Alavi & Assocs., Marietta, for appellant.
    for defendant: Jewel C. Scott, District Attorney, Jonesboro, for appellee.
    Case Number: A08A2289

    The victim identified the defendant as one of two men, who robbed him of $50 to $60 at gun

  • Carter v. State

    Publication Date: 2009-03-27
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Fred A. Lane Jr., District Attorney, and Ferdinand M. Viscuse, Assistant District Attorney, Dallas, for appellee.
    Case Number: A08A2322

    The trial court did not err in refusing to admit a properly authenticated motion to suppress, which contained a statement that the defendant did not reside with his girlfriend in a home containing a

  • State v. Stulb

    Publication Date: 2009-03-27
    Practice Area:
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Rebecca A. Wright, District Attorney, Madonna M. Little, Assistant District Attorney, Augusta, and George H. Law III Whitmer & Law, Gainesville, for appellant.
    for defendant: Richard E. Allen, Augusta, for appellee.
    Case Number: A08A2284

    The plain terms of O.C.G.A. § 42-8-60 a provide that a trial court is only authorized to grant first offender treatment before a defendant has been adjudicated guilty and sent

  • Vines v. State

    Publication Date: 2009-03-27
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Benjamin A. Davis Jr. The Davis Law Firm PC, Atlanta, for appellant.
    for defendant: Scott L. Ballard, District Attorney, Griffin, and Robert W. Smith Jr., Assistant District Attorney, Fayetteville, for appellee.
    Case Number: A08A2176

    The evidence did not support the defendant's conviction for possessing marijuana with the intent to distribute, since officers found no scales or drug paraphernalia and no witness testified that the

  • Jarrell v. JDC & Assocs.

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jennifer R. Chapin, Atlanta, for appellant.
    for defendant: . Adam H. Long, Veronica H. Cope Allen, Kopet & Assocs. PLLC, and LaShawn W. Terry Hollowell, Foster & Gepp, Atlanta, for appellees.
    Case Number: A08A1684

    The defendants did not breach the duty they owed to the plaintiff as a licensee on their premises, since no evidence showed that either defendant wilfully or wantonly injured the plaintiff or that t

  • Eason v. Troon Co. LLC

    Publication Date: 2009-03-13
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Judson F. Smith Jr. Smith & Cannon PC, Vidalia, for appellant.
    for defendant: Chad K. Reed and Nicole A. Scarborough Busch & Reed PC, Marietta, for appellee.
    Case Number: A08A1945

    Jeff Davis State Court had jurisdiction over the appellee's scire facias to revive a $10,343.65 judgment against the appellant, since it rendered the original judgment and O.C.G.A. § 9-12-63 provid