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  • Ledford v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Stacy D. Barnett The Barnett Law Firm, Canton, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Allen D. Morris, Assistant District Attorney, Canton, for appellee.
    Case Number: A05A1397

    The defendant's previous use of a pocketknife to stab someone in anger and without provocation was relevant to the issue of whether he intended to threaten or harm the victim in this

  • Fernandez v. State

    Publication Date: 2005-09-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Kevin W. Drummond, Carrollton, for Fernandez. Gerald P. Word Johnson, Word & Simmons, Carrollton, for Esparza. Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    for defendant:
    Case Number: A05A1046; A05A1047

    The defendants' nervousness and conflicting stories about why they traveled from California to Atlanta authorized the jury to find that they were aware of the 33 kilos of cocaine, which was hidden i

  • Speed v. Muhanna

    Publication Date: 2005-08-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: David N. Krugler, Andrew B. Cash Cash, Krugler & Fredericks LLC, and Charles A. Mathis Jr., Atlanta, for appellant.
    for defendant: Wade K. Copeland Courtney A. Buxton Carlock, Copeland, Semler & Stair, Atlanta, for appellee. Other party representation: John K. Train IV Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Emmitte H. Griggs Chambless, Higdon & Carson, H. Andrew Owen Jr. Jones & Sweeney, Hunter S. Allen Jr. Allen & Weathington PC, Atlanta, and Bonnie L. Baker Meadows & Futch PC, Stockbridge.
    Case Number: A05A1042

    The plaintiff's attorney in a premises liability action had actual and apparent authority to release any current or future medical malpractice claims against his treating physician in exchange for h

  • Withrow v. State

    Publication Date: 2005-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Clark C. Adams Jr., Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Columbus, and Mark C. Post, Assistant District Attorney, Hamilton, for appellee.
    Case Number: A05A0880

    The defendant knew her 7-month-old daughter sustained serious injures and failed to seek medical care for three

  • Drake v. State

    Publication Date: 2005-08-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Willie C. Weaver, Albany, for appellant.
    for defendant: Kenneth B. Hodges III, District Attorney, and Christopher S. Cohilas, Assistant District Attorney, Albany, for appellee.
    Case Number: A05A1527

    The defendant stole items from the victims' trucks and pawned them shortly after the c

  • Smith v. State

    Publication Date: 2005-08-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Debra M. Finch and Benjamin A. Pearlman University of Georgia Legal Aid Clinic, Athens, for appellant.
    for defendant: Kenneth W. Mauldin, District Attorney, and Patricia K. Atwill, Assistant District Attorney, Athens, for appellee.
    Case Number: A05A1363

    Burchette v. State, 278 Ga. 1 2004, which disapproved certain language in the Allen charge given in the defendant's case and was decided seven months after defendant's trial, is not retroa

  • Burchette v. State

    Publication Date: 2005-08-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Rafe Banks III Banks, Stubbs, Neville & Cunat LLP, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, Cumming, for appellee.
    Case Number: A05A1205

    The trial court lacked authority to grant the defendant first offender treatment after adjudicatin guilty of arson and sentencin

  • Godfrey v. State

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Hurl R. Taylor Jr., Ellenwood, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Mary E. Leonard, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A05A0223

    The burglary defendant failed to show that his trial counsel was deficient for not objecting to the state's requested charge that possession of recently stolen property was a circumstance to be con

  • Patterson v. State

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Dell Jackson, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A0390

    The trial court did not err in denying t endant's motion to suppress a show-up where the victim had a good opportunity to view t endant and the victim was certain of his identification of

  • Euler-SIAC S.P.A. Creamar Spa v. Drama Marble Co. Inc.

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Richard J. Joseph and Rachel Humphrey Stokes, Lazarus & Carmichael LLP, Atlanta, for appellant.
    for defendant: Steven J. Strelzik, Atlanta, for appellee.
    Case Number: A05A0310; A05A0816

    The plaintiff waived the forum selection clause in the parties' agreement, which provided for the exclusive jurisdiction of the Texas courts, when it filed the initial action in Georgia, and the de