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  • Tune v. State

    Publication Date: 2007-07-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Stephen J. Tuggle, Solicitor General, Carrollton, for appellee.
    Case Number: A07A0660

    The defendant was not under arrest for Miranda or implied consent warning purposes until after the arresting officer conducted field sobriety tests, since no evidence showed that the officers commu

  • Thomas v. State

    Publication Date: 2007-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Kenneth W. Krontz, Kennesaw, Allen M. Trapp Jr., Carrollton, and Brian Steel The Steel Law Firm PC, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A07A1269

    The state may rescind part of a agreement and indict the defendant on charges that were previously nolle prossed if the defendant breaches the agreement by withdrawing part of his

  • Stultz v. Safety and Compliance Management Inc.

    Publication Date: 2007-06-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: John A. Owens Magruder & Sumner, Rome, for appellant.
    for defendant: . David D. Gottlieb The Womack Law Firm PC, LaFayette, Christopher A. Townley and Thomas F. Lindsay, Rossville, for appellee.
    Case Number: A07A0202

    The non-competition clause in the parties' employment contract was overly broad and indefinite, since it purported to prevent the employee from competing in any area of business the employer con

  • Prudhomme v. State

    Publication Date: 2007-06-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Kelley A. Dial, Public Defender, Calhoun, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Cartersville, and Steward D. Bratcher, Silver Creek, for appellee.w
    Case Number: A07A0736

    The state properly proved jurisdiction for the aggravated sodomy charge through evidence that the vehicle in which the aggravated sodomy occurred traveled through Gordon c

  • Hankerson v. Hammett

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Bryan Hill Hill & Bleiberg, Atlanta, for appellant.
    for defendant: Percy J. Blount Glover & Blount PC, Augusta, for appellees.
    Case Number: A07A0553

    No issue of material fact remained as to whether the employee was acting within scope of his employment when he collided with the plaintiff's daughter, since he was returning from a purely personal

  • Ojemuyiwa v. State

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John R. Greco, Marietta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Erman J. Tranjuatco and Amelia G. Pray, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A07A0347

    Evidence that the defendant's breath smelled of alcohol, standing alone, did not support her DUI convi

  • Baskette v. Atlanta Ctr. for Reproductive Med. LLC

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: William C. Head, Macon, and Wilson R. Smith Smith & Jenkins, Vidalia, for appellant.
    for defendant: . Hunter S. Allen Jr. and Simuel F. Doster Jr. Allen Weathington & Reeves PC, Atlanta, for appellees.
    Case Number: A07A0221

    The plaintiffs untimely filed their claims for professional negligence after the applicable 2-year statute of limitation ha

  • Daly v. State

    Publication Date: 2007-06-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ralph J. Villani, Snellville, and Bonnie M. Smith, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, Perry, for appellee.
    Case Number: A07A0548

    The trial court did not err in denying the defendant's constitutional challenge to O.C.G.A. § 16-12-100 d, since the prosecution made the photographs from the child molestation defendant's hard driv

  • Garza v. State

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: L. David Wolfe, Atlanta, for appellant.
    for defendant: Cecilia M. Cooper, District Attorney, Americus, for appellee.
    Case Number: A07A0434

    Evidence that the defendant moved the victim from a standing position to the floor after striking her in the head with a gun authorized the jury to find that he asported her and supported his kidnap

  • Rogers v. State

    Publication Date: 2007-06-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Scott Key Sexton, Key & Hendrix PC, Stockbridge, for appellant.
    for defendant: Richard G. Milam, District Attorney, Jackson, and Jason S. Johnston, Assistant District Attorney, Forsyth, for appellee. Other party representation: Sarah L. Gerwig-Moore Mercer Law School, Macon.
    Case Number: A07A0551

    Evidence that the defendant pawned a stolen bicycle in 2003 was admissible at his trial for burglary in which the state presented evidence that the defendant pawned the stolen