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  • Hutchens v. State

    Publication Date: 2006-10-06
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Louis M. Turchiarelli, Marietta, for appellant.
    for defendant: Garry T. Moss, District Attorney, Allen D. Morris and Wallace W. Rogers Jr., Assistant District Attorneys, Canton, for appellee.
    Case Number: A06A1451

    The jury was authorized to find that the victim's lack of resistance was induced by fear, since the victim testified that she was afraid of the defendant as the result of his prior molestation o

  • Newton v. State

    Publication Date: 2006-09-29
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Christopher P. Twyman Cox, Byington, Cowin, Niedrach, Smith & Twyman, Rome, for appellant.
    for defendant: Thomas J. Campbell and Erik J. Pirozzi, District Attorneys, Cartersville, for appellee.
    Case Number: A06A1187

    Case remanded for the trial court to prepare written findings of fact as to whether restitution is appropriate under O.C.G.A. § 17-14-1 and to hold a hearing concerning the

  • Dickson v. State

    Publication Date: 2006-09-29
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Stephen M. Gray, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A06A0931

    The defendant did not have adequate opportunity to cross-examine his deceased father about his pre-trial statement to an investigator at his bond hearing, which dealt with other issues and involved

  • Griffin v. Burden

    Publication Date: 2006-09-22
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Anthony A. Rowell and Virginia N. Hall Hall, Booth, Smith & Slover PC, Tifton, for appellant.
    for defendant: . Paul R. Ayerbe, Linwood R. Lovett, Matthew M. Myers Lovett, Cowart & Ayerbe LLC, Macon, and George R. Lilly II Alexander & Vann, Thomasville, for appellees.
    Case Number: A06A1074

    Health Insurance Portability and Accountability Act of 1996, Pub. L. No. 104-191; 42 U. S. C. 1320d et. seq. preempts O.C.G.A. § 9-1

  • Peters v. State

    Publication Date: 2006-09-15
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James S. Grimes, Athens, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Covington, and Robert A. Rogers, Assistant District Attorney, Monroe, for appellee.
    Case Number: A06A1630

    The evidence did not support a finding that the defendant's blood alcohol level exceeded the legal limit within three hours of the last time he controlled a moving ve

  • Allen v. State

    Publication Date: 2006-09-15
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Bruce K. Gray, Jefferson, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, and Robin R. Riggs, Assistant District Attorney, Winder, for appellee.
    Case Number: A06A1186

    The victim testified that when she was 13 years old, the defendant forcibly placed his penis in her vagina and made two or three painful thrusts as she fought hi

  • Smith v. Hardeman

    Publication Date: 2006-09-15
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    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
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    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
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    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
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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