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  • Smith v. Hardeman

    Publication Date: 2006-09-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: E. Paul Stanley, Gainesville, for appellant.
    for defendant: David A. Garland Moore, Clarke, Duvall & Rodgers PC, Albany, for appellee.
    Case Number: A06A1526

    Since the plaintiffs' agreement to consign their motor home involved a dealer, but did not involve the transfer of a security interest, the dealer's delivery of the motor home to the purchaser fell

  • Hawkins v. State

    Publication Date: 2006-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Sammy J. Hawkins, Jasper, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, and Jeffrey A. Johnson Solicitor General's Office, Marietta, for appellee.
    Case Number: A06A1232

    Campus policemen of the state university system have the power to make arrests for offenses committed upon any public or private property within 500 yards of any property under the jurisdiction of t

  • State v. Norris

    Publication Date: 2006-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Denise D. Fachini, District Attorney, and Cheri L. Nichols, Assistant District Attorney, Cordele, for appellant.
    for defendant: John W. Sherrer Jr., Vienna, for appellee.
    Case Number: A06A1023

    The defendant's detention ripened into a custodial arrest for DUI when the arresting officer told him to put his hands behind his back, so the arresting officer was required to give Miranda warning

  • Scott v. State

    Publication Date: 2006-09-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Leigh S. Schrope Georgia Pub. Defenders Standards Council, Atlanta, and Reese H. Davis, Americus, for appellant.
    for defendant: Cecilia M. Cooper, District Attorney, and Robert H. Reeves, Assistant District Attorney, Americus, for appellee.
    Case Number: A06A1419

    The trial court did not err in giving the jury an Allen charge, since the Supreme Court's prospective decision in Burchette v. State, 278 Ga. 1 2004, did not prohibit the language in the charge at t

  • Robinson v. State

    Publication Date: 2006-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Veronica E. Brinson, Macon, for appellant.
    for defendant: Howard Z. Simms, District Attorney, and Dorothy V. Hull, Assistant District Attorney, Macon, for appellee.
    Case Number: A06A1163

    The victims in two armed robberies at commercial businesses in Macon identified the defendant as the man who posed as a customer, pulled out a gun, demanded cash and fled with the stolen

  • Lockhart v. Marine Manufacturing Corp.

    Publication Date: 2006-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Ben B. Mills Jr. Mills & Chasteen PC, Fitzgerald, for appellant.
    for defendant: Robert H. Preston, Douglas, and Wallace E. Harrell Gilbert, Harrell, Sumerford & Martin PC, Brunswick, for appellees.
    Case Number: A06A1888

    The racist and insulting comments, which defendant's employees made to the plaintiff on four occasions, did not constitute extreme and outrageous co

  • Remediation Resources Inc. v. Balding

    Publication Date: 2006-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: John T. Croley Jr., Fitzgerald, and Robert M. Darroch Mabry & McClelland LLP, Atlanta, for appellant.
    for defendant: . Daniel B. Snipes and James B. Franklin Franklin, Taulbee, Rushing, Snipes & Marsh PC, Statesboro, for appellees.
    Case Number: A06A1241

    A jury question remained regarding whether the defendant's employer was acting within the scope of his employment when he ran a stop sign in a company-owned truck and killed the plaintiff's hu

  • Johnson v. State

    Publication Date: 2006-08-25
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Louis M. Turchiarelli, Marietta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Allen D. Morris, Assistant District Attorney, Canton, for appellee.
    Case Number: A06A1444

    The trial court did not err in refusing to sever the methamphetamine possession charge from the kidnapping with bodily injury charge, since the kidnapping was ongoing when officers arrested the defe

  • Collins v. State

    Publication Date: 2006-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Bennett T. Willis Jr. Harrison & Willis, and Holly M. DeRosa, Perry, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Timothy M. Marlow District Attorney's Office, Perry, for appellee.
    Case Number: A06A1230

    Officers who searched the defendant incident to his arrest had probable cause to believe he was breaking the law, based on their awareness that he was previously arrested following an explosion of a

  • Allen v. State

    Publication Date: 2006-08-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Alan I. Begner Begner & Begner PC and Tammi S. Long, Atlanta, for appellant.
    for defendant: Scott L. Ballard, District Attorney, and Josh W. Thacker, Assistant District Attorney, Zebulon, for appellee.
    Case Number: A06A1583

    The defendant failed to show that the trial court improperly considered his prior conviction in imposing the maximum 10-year sentence for his convic