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  • Patten v. State

    Publication Date: 2005-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Peter D. Johnson, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A05A1038

    The trial court improperly admitted the defendant's prior conviction for impeachment purposes, since the conviction was not inconsistent with his trial testimony regarding his whereabouts during a s

  • McKee v. State

    Publication Date: 2005-10-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mark A. Casto, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Columbus, and Mark C. Post, Assistant District Attorney, Hamilton, for appellee.
    Case Number: A05A1145

    The defendant kicked his girlfriend's 7-month-old daughter's walker into a space heater, breaking her arm, then slammed her into the ground, breaking both of her

  • Stringer v. State

    Publication Date: 2005-10-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Daniel D. Morgan, Rome, for appellant.
    for defendant: Leigh E. Patterson, District Attorney, and Kay A. Wetherington, Assistant District Attorney, Rome, for appellee.
    Case Number: A05A1301

    The defendant's convictions for cocaine possession and possession with intent to distribute were reversed, because there was no evidence connecting him with the drugs found in a nightstand drawer in

  • Arkwright v. State

    Publication Date: 2005-09-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kathleen Aderhold, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Christine S. Barker, Assistant District Attorney, Savannah, for appellee.
    Case Number: A05A0998

    The state could not use the defendant's prior conviction to seek recidivist sentencing after it used that conviction to prove the offense of possession of a firearm by a convicted

  • Whimsical Expressions Inc. v. Brown

    Publication Date: 2005-09-23
    Practice Area:
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    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Jefferson B. Slagle and John D. Alexander Thompson & Slagle PC, Duluth, for appellant.
    for defendant: Bruce H. Beerman Burr & Foreman LLP, Atlanta, for appellee.
    Case Number: A05A1232

    A non-compete clause in an employment contract, which prevented a pai rom engaging in sales in the decorative or faux painting industry was overbroad and unreasonable, since it prevented the pa

  • Huntzinger v. State

    Publication Date: 2005-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: G. Richard Stepp, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Donald P. Geary, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A05A1097

    Evidence that the victim was an alleged drug dealer was irrelevant to the issue of whether the defendant kidnappe

  • Richardson v. State

    Publication Date: 2005-09-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Thomas S. Robinson III, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Bettieanne C. Hart, Deputy District Attorney, and Elizabeth A. Baker, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A1154

    The evidence supported a finding that the defendant knew or should have known that the rental car he was driving was s

  • Dale v. Keith Built Homes Inc.

    Publication Date: 2005-09-09
    Practice Area:
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Manley F. Brown, John C. Clark, Philip M. Brown, Jarome E. Gautreaux O'Neal, Brown & Clark PC, Macon, Leighton B. Deming Jr., Cumming, for appellant.
    for defendant: . J. Kenneth Moorman and Nancy G. Cook Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellee. Other party representation: Matthew L. Hilt Gray, Rust, St. Amand, Moffett & Brieske LLP, John L. Kimmey III Germano, Kimmey & Cheatwood PC, James A. Meaney III Allen, Kopet & Assocs., Atlanta, Cubbedge Snow III, Thomas P. Allen III Martin & Snow, Macon, Jeffrey L. Cox, Henry L. Young Jr., Dawsonville, and Charles R. Adams III Adams & Adams LLP, Fort Valley.
    Case Number: A05A1433

    The general contractor's alleged failure to enforce its no-drinking on the job policy did not increase the risk of harm to third pe

  • Johnson v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Keith B. Harkleroad Harkleroad & Harkleroad, Douglas, for appellant.
    for defendant: Richard E. Currie, District Attorney, Waycross, Allen R. Knox and Kurt J. Martin, Douglas, for appellee.
    Case Number: A05A1053

    The defendant hooked a boat and trailer that he did not own onto his vehicle and led officers on a high speed chase when they spotte

  • Oswell v. Nixon

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: John C. Wise, Atlanta, for appellant.
    for defendant: Edward H. Wasmuth Jr. Smith, Gambrell & Russell, Atlanta, for appellee.
    Case Number: A05A1410

    Georgia law does not recognize a private cause of action for the alleged unauthorized practice o