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  • Garrison v. State

    Publication Date: 2005-12-02
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Jeffrey W. Hunt, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A05A1618

    Two accomplices identified the defendant as one of four gunmen who participated in a home invasion and officers found the defendant's fingerprints on the getawa

  • Barnett v. State

    Publication Date: 2005-12-02
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Daniel J. Sammons, Gainesville, for appellant.
    for defendant: Jason J. Deal, District Attorney, and Norris S. Lewis Jr., Assistant District Attorney, Gainesville, for appellee.
    Case Number: A05A1531

    The evidence showed that the defendant distributed cocaine within 1,000 feet of a public housing pr

  • Maynard v. Brown

    Publication Date: 2005-12-02
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Charles J. Vrono, Forest Park, for appellant.
    for defendant: Randall L. Keen, Jonesboro, for appellee.
    Case Number: A05A1312

    The Court of Appeals vacated the trial court's adoption decree, because it failed to set forth the specific findings of fact and conclusions of law required by O.C.G.A. § § 19-8-10 b 1 and 19-8

  • Pope v. Board of Comm'rs of Fulton County

    Publication Date: 2005-11-11
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Timothy J. Sweeney, James P. Robertson Jr., Melana Kopman and Gretchen M. Holt Owen, Gleaton, Egan, Jones & Sweeney LLP, Atlanta, for appellant.
    for defendant: K. Prabhaker Reddy Reddy & Silvis LLC, Richard R. Gignilliat Elarbee, Thompson, Sapp & Wilson, and James J. Park U. S. Court of Appeals, Atlanta, for appellees.
    Case Number: A05A1237

    The appellants' own letter to the county board of commissioners provided some evidence supporting their removal from their positions on the county's board of tax asse

  • Payne v. State

    Publication Date: 2005-11-11
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Andrew W. Payne, Hardwick, proceeded pro se. Dennis C. Sanders, District Attorney, and William P. Doupe', Assistant District Attorney, Thomson, for appellee.
    for defendant:
    Case Number: A05A1137

    The defendant could not complain about the state's amended accusation for the first time on a

  • Rosas v. State

    Publication Date: 2005-11-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, Jeffrey W. Hunt, Assistant District Attorney, Carrollton, and Raymond C. Mayer, Assistant District Attorney, Newnan, for appellee.
    Case Number: A05A1367

    An officer's request for consent to search for drugs during the course of a brief, on-going traffic stop does not, in and of itself, violate the Fourth Amendment so as to make a valid detention "ill

  • Fitz v. State

    Publication Date: 2005-10-28
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Stephen P. Harrison Harrison & Harrison, and Jacqualine M. Magistro-Hyde, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Atha H. Pryor, Assistant District Attorney, McDonough, for appellee.
    Case Number: A05A0974

    The officer had probable cause to continue questioning the defendant based on his extreme nervousness and the conflicting and odd answers to the officer's ques

  • Carden v. Carden

    Publication Date: 2005-10-28
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Robert L. Mack Jr., Jonesboro, for appellant.
    for defendant: Donald F. DeFoor DeFoor & Jones, and Adam G. Jett Jr. Jett & Liss, Douglasville, for appellee.
    Case Number: A05A0853

    Consent order involving real property in Fulton county was unenforceable, since it failed to sufficiently identify the property under the statute of f

  • Allen v. State

    Publication Date: 2005-10-28
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Thomas R. Morgan Jr., Woodbury, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, Stephen M. Gray, Assistant District Attorney, LaGrange, and Robert N. Peterkin, Assistant District Attorney, Greenville, for appellee.
    Case Number: A05A1177

    The statute of limitation on child molestation charges is seven

  • Turner v. State

    Publication Date: 2005-10-21
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Carl P. Greenberg Fulton County Conflict Defender Inc., Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Marc A. Mallon, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A2016

    The trial court did not reversibly err in instructing the jury during its Allen charge that the case "must be decided by a