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  • 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

  • Patten v. State

    Publication Date: 2005-10-14
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    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
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    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
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    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
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    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
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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:
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    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