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  • State v. Stulb

    Publication Date: 2009-03-27
    Practice Area:
    Industry:
    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:
    Industry:
    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:
    Industry:
    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

  • Williams v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Jason W. Swindle Drummond & Swindle, Carrollton, for appellant.
    for defendant: James D. McDade, District Attorney, and Marc A. Watkins, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A08A2118

    The transcript belied defendant's claims that his guilty plea to three counts of distribution of controlled substances, two counts of use of communication facility in the sale of cocaine and one cou

  • Campbell v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Christopher G. Paul, Public Defender, and William T. Elsey, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Allen R. Knox, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A08A2188

    The defendant stabbed the victim during an altercation and the victim later died of his w

  • Celestin v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John R. Taylor, Augusta, for appellant.
    for defendant: Rebecca A. Wright, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A08A2365

    The defendant was alone in a motel room with paraphernalia commonly used to prepare crack cocaine, officers found 69 grams of powder cocaine in a jacket in the room and $524 in cash in a suitcase co

  • Ameris Bancorp v. Ackerman

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: James H. Moore III and Allen H. Olson Moore, Clarke, Duvall & Rodgers PC, Albany, for appellant.
    for defendant: Kevin T. Butler, Cairo, for appellee.
    Case Number: A08A1588

    The exculpatory language in the guarantee executed along with the lease and note in question did not bar the plaintiff's claims, since the guaranty applied to the city of Cairo's obligations to the

  • Taylor v. State

    Publication Date: 2009-03-13
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Herbert Adams Jr. The Adams Group PC, Jonesboro, for appellant.
    for defendant: Jewel C. Scott, District Attorney, and John M. Turner Jr., Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A08A2073

    The defendant participated in a gun battle at a local park, where bullets struck a woman in her wrist and killed her 4-year-old gra

  • Daniel v. State

    Publication Date: 2009-03-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert P. McFarland Jr. McFarland & Assocs. PC, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, and Sandra A. Partridge, Chief Assistant District Attorney, Cumming, for appellee.
    Case Number: A08A2351

    Evidence that the defendant touched his 11-year-old step-granddaughter on her private parts and made her touch his private parts more than ten times supported his aggravated child ation, child