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  • Heller v. State

    Publication Date: 2005-10-14
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: E. Jerrell Ramsey, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Jan Kennedy and Leslie K. DeVooght, Assistant District Attorneys, Brunswick, for appellee.
    Case Number: A05A0896

    The state proved that the defendant possessed drugs seized from his house an

  • Dasher v. Davis

    Publication Date: 2005-08-19
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    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Dennis J. Webb and Ashley E. Taylor Webb, Zschunke, Neary & Dikeman LLP, Atlanta, for appellant.
    for defendant: Carl L. Meyer The Meyer Law Firm LLC, Atlanta, for appellees. Other party representation: David J. Reed, Roswell, Ned Blumenthal Weissman, Nowack, Curry & Wilco PC, Atlanta, and Timothy G. Cook, Marietta.
    Case Number: A05A0879

    A real estate agent was entitled to summary judgment in the plaintiffs' fraud action, because there was no evidence that the agent had actual knowledge of the alleged defect in the septic system of

  • Turner v. State

    Publication Date: 2005-07-22
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Billy L. Spruell, Marietta, for appellant.
    for defendant: Jerry Rylee, Solicitor, and Larry A. Baldwin II, Assistant Solicitor, Gainesville, for appellee.
    Case Number: A05A0436

    Evidence that the defendant rolled down his window and shouted "you bastards" as he drove by an officer engaged in a traffic stop did not constitute fighting words under O.C.G.A. § 16-11-3

  • The Med. Ctr. of Central Ga. v. Landers

    Publication Date: 2005-07-15
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Kevin B. Buice and Norah M. White Pursley Lowery Meeks LLP, Atlanta, for appellant.
    for defendant: . Stanley H. Friedman and Janna Martin Friedman & Martin, Savannah, for appellees.
    Case Number: A05A0194

    A physician performing an employment medical examination cannot be liable under OSHA for failing to advise the examinee of the results of the examination, since OSHA regulations create duties only w

  • Brodes v. State

    Publication Date: 2005-07-01
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Henry A. Hibbert Cromwell & Hibbert, Atlanta, for appellant.
    for defendant: Paul L. Howard, District Attorney, Alvera A. Wheeler and Anne E. Green, Assistant District Attorneys, Atlanta, for appellee.
    Case Number: S04G2101

    Reliability of an eyewitness's identification can be negatively impacted by stress or violence, so trial courts are advised to refrain from informing jurors that they may consider a witness's level

  • The Med. Ctr. of Central Ga. v. Landers

    Publication Date: 2005-06-17
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Kevin B. Buice and Norah M. White Pursley Lowery Meeks LLP, Atlanta, for appellant.
    for defendant: . Stanley H. Friedman and Janna Martin Friedman & Martin, Savannah, for appellees.
    Case Number: A05A0194

    A physician performing an employment medical examination cannot be liable under OSHA for failing to advise the examinee of the results of the examination, since OSHA regulations create duties only w

  • Ford Motor Co. v. Lawrence

    Publication Date: 2005-05-13
    Practice Area:
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    Court: Supreme Court
    Judge: Benham, Robert
    Attorneys: For plaintiff: Frank F. Middleton IV Watson, Spence, Lowe & Chambless LLP, Albany, Charles K. Reed, James B. Manley Jr., Jill C. Kuhn McKenna, Long & Aldridge LLP, William D. Barwick, Deborah M. Danzig and Carla W. McMillian Sutherland,, Asbill & Brennan LLP, Atlanta, for appellant.
    for defendant: George W. Fryhofer III, James E. Butler Jr., Gregory R. Feagle Butler, Wooten, Overby, Fryhofer & Daugherty, Atlanta, Andrew J. Hill III Blasingame, Burch, Garrard, Bryant & Ashley, Andrew H. Marshall Begnaud & Marshall LLP, William C. Berryman Jr., Athens, and Alexander T. Galloway III Moore, Ingram, Johnson & Steele, Marietta, for appellee.
    Case Number: S05A0900

    Neither mandamus nor prohibition is an available remedy to seek review of a trial court's ruling, which is subject to appellate review, because the availability of judicial review is an adequate leg

  • Graham v. State

    Publication Date: 2004-10-01
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Maria Murcier-Ashley, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Philip A. Holloway, and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A0807

    Defendant was seen backing a freightliner away from a trailer, which was missing half of its cargo, and he refused to stop for p

  • Reynolds v. State

    Publication Date: 2004-05-07
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Christopher G. Paul, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Donald S. Smith, Assistant District Attorney, Calhoun, for appellee.
    Case Number: A04A0148

    Defendant's failure to call witnesses at the hearing on his motion for a new foreclosed his claim that his counsel was ineffective for failing to have those witnesses appear at

  • Lopez v. State

    Publication Date: 2004-05-07
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen F. Lanier, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Martha P. Jacobs, Assistant District Attorney, Rome, for appellee.
    Case Number: A04A0448

    The state gave sufficient reasons for its decision to reindict the defendant on more serious charges after he filed a § 1983 claim against officers in federal