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  • Goode v. City of Atlanta

    Publication Date: 2005-07-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Clayton H. Farnham Drew, Eckl & Farnham, Atlanta, for appellant.
    for defendant: Debra E. LeVorse and David C. Marshall Hawkins & Parnell, Atlanta, for appellee.
    Case Number: A05A0064

    A one-time repair to a sewer cave-in could not for the basis for the plaintiff's nuisance suit after a water main broke near his residence, washing away an excessive amount of dirt under the founda

  • Arnold v. State

    Publication Date: 2005-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Edith M. Edwards, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and James B. Threlkeld, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A05A0222

    The trial court abused its discretion in removing a jury foreman after he told another juror to "go to hell" on the second day of delibera

  • Ponder v. State

    Publication Date: 2005-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Matthew K. Hube Hube & Tucker PC, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, and Michael T. Muldrew, Assistant District Attorney, Statesboro, for appellee.
    Case Number: A05A0377

    The defendant's conviction for first degree vehicular homicide was affirmed be the evidence was sufficient to establish proximate

  • Clough v. Richelo

    Publication Date: 2005-07-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Michael S. Rosenthal Wagner, Johnston & Rosenthal and Angelo T. Merolla, Atlanta, for appellant.
    for defendant: Johannes S. Kingma and Eric F. Barton Carlock, Copeland, Semler & Stair LLP, Atlanta, for appellees.
    Case Number: A05A0181

    State Bar Rule 3.7 does not preclude a lawyer from representing a client prior to even if the lawyer is likely to be a necessary witness at the

  • Allen v. Clerk

    Publication Date: 2005-07-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Garland B. Cook Jr., Decatur, for appellant.
    for defendant: Stephen F. Dermer Magill & Atkinson LLP, Atlanta, for appellee.
    Case Number: A05A0060

    Permanent protective order shielding 13-year-old from his uncle was not supported by evidence that the defendant stalked his n

  • Goldsby v. State

    Publication Date: 2005-06-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: M. Eric Eberhardt Eberhardt & Hale LLP, and William C. Bushnell, Athens, for appellant.
    for defendant: . Kenneth W. Mauldin, District Attorney, and Brian V. Patterson, Assistant District Attorney, Athens, for appellee.
    Case Number: A05A0143

    Defendants' convictions for methamphetamine manufacturing and methamphetamine trafficking merged for sentencing purposes, since both arose from a single quantity of methamphetamine found in a cooler

  • Graham v. State

    Publication Date: 2005-05-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Rodney S. Zell Zell & Zell PC, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Anne E. Green, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A05A1085

    Although security officers engaged in the disapproved practice of informing the victim that they believed she had made the correct choice in selecting the defendant from a photo array, their comment

  • Allen v. Cannon

    Publication Date: 2005-05-27
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Gayle Allen, Byron, proceeded pro se. Richard L. Stumm, Atlanta, for appellee.
    for defendant:
    Case Number: A05A0730

    The plaintiff failed to present any evidence that the defendant could be held liable for his brother's alleged sexual misco

  • Dunn v. Kirsten

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Philip M. Williams, Atlanta, for appellant.
    for defendant: Barry Staples, Marietta, and Charis L. Johnson Law Office of Allen & Assocs., Atlanta, for appellee.
    Case Number: A05A0453

    The plaintiff failed to exercise due diligence in serving the defendant within the applicable 2-year statute of limit

  • Monroe v. State

    Publication Date: 2005-05-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Patrick C. Kaufman, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, Woodbine, Charles K. Higgins and Leslie K. DeVooght, Assistant District Attorneys, Brunswick, for appellee.
    Case Number: A05A0389

    The defendant was on notice that photographs could be part of the state's file, since a police report in the file noted that an officer took photographs at the crime