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  • Vasser v. State

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Mary Erickson, Decatur, for appellant.
    for defendant: James D. McDade, District Attorney, and Christopher R. Johnson, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A04A2267

    The trial court's error in admitting an in-custody videotaped statement that was taken after the defendant invoked his right to counsel was harmless, since the jury already knew he was convicted of

  • Hill v. State

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Deborah M. Vaughan Novy, Jaymes & Vaughan, Atlanta, for appellant.
    for defendant: Jeffrey H. Brickman, Acting District Attorney, Thomas E. Csider and Barbara B. Conroy, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A05A0777

    The trial court had authority to correct the defendant's original sentence so that it complied with the recidivist statute, O.C.G.A. § 17-10-7 c, because the defendant's original 12-year sentence was

  • Infrasource Inc. f/k/a Exelon Infrastructure Servs. Inc. v. Hahn Yalena Corp.

    Publication Date: 2005-04-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Theodore J. Sawicki, Scott P. Hilson, Regina S. Molden and Leslie M. Mathis Alston & Bird LLP, Atlanta, for Infrasource Inc. R. Randy Edwards and Drew D. Baiter Kilpatrick Stockton LLP, Atlanta, for Hahn Yalena Corp. Other party representation: John C. Herman, Atlanta.
    for defendant:
    Case Number: A04A1896, A04A1959

    There was no actionable claim of fraudulent concealment in a failed acquisition attempt of plaintiff company by defendant, since the alleged fraud occurred during the course of arms' length negotiat

  • Spivey v. State

    Publication Date: 2005-04-01
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    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: James L. Hardin, Brunswick, for appellant.
    for defendant: Robert B. Ellis Jr., District Attorney, Nashville, and Timothy L. Eidson, Pearson, for appellee.
    Case Number: A04A2316

    The evidence supported the defendant's conviction as a party to forcible rape since she carried her young daughter into the bedroom she shared with the child's father and watched as the father lay o

  • Wilson v. Allen

    Publication Date: 2005-04-01
    Practice Area:
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Edward A. Miller and Lindsey L. Mehan Gray, Rust, St. Amand, Moffett & Brieske LLP, Atlanta, for appellant.
    for defendant: . Benny M. Martin B. M. Martin & Assocs. PC, Jasper, for appellee.
    Case Number: A04A1768

    The plaintiff's claim for negligent infliction of emotional distress could not survive, since she did not allege that the physical impact and physical injuries caused when defendant's automobile str

  • Allen v. State

    Publication Date: 2005-03-25
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Ramon J. Fajardo, Albany, for appellant.
    for defendant: Robert W. Lavender, District Attorney, Elberton, and Leon Jourolmon, Assistant District Attorney, Hartwell, for appellee.
    Case Number: A05A0808

    The defendant admitted that he altered a prescription for narcotic pain medic

  • Barton v. City of Rome

    Publication Date: 2005-03-25
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Charles E. Morris Jr. Parker & Lundy, Cedartown, for appellant.
    for defendant: . J. Anderson Davis, Kristy L. Cordle Brinson, Askew, Berry, Seigler, Richardson & Davis LLP, Thomas H. Manning Smith, Shaw & Maddox LLP, Rome, and Robert T. Monroe Smith, Shaw & Maddox LLP, Cedartown, for appellee.
    Case Number: A04A2349

    The city's knowledge of a defectively designed dumpster at the city's landfill was imputed on its motion for summary jud

  • Bryan v. State

    Publication Date: 2005-03-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Michael A. Corbin, Dalton, for appellant.
    for defendant: Kermit N. McManus, District Attorney, and Mark P. Higgins Jr., Assistant District Attorney, Dalton, for appellee.
    Case Number: A04A1512

    The trial court should have merged the defendant's convictions for methamphetamine possession and methamphetamine possession with intent to distribute with his conviction for manufacturing methamphe

  • State v. Allen

    Publication Date: 2005-03-11
    Practice Area:
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Barry E. Morgan, Cobb Solicitor General, Jessica K. Moss, Chief Assistant Solicitor General, Nell A. Pedigo, Assistant Solicitor, Marietta, for appellant.
    for defendant: Victor P. Valmus Moore, Ingram, Johnson & Steele, Marietta, for appellee.
    Case Number: A04A2128

    The officer's conduct in securing the defendant's consent to a state-administered breath test and her initial equivocation was fair and reaso

  • Barton v. City of Rome

    Publication Date: 2005-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Charles E. Morris Jr. Parker & Lundy, Cedartown, for appellant.
    for defendant: . J. Anderson Davis, Kristy L. Cordle Brinson, Askew, Berry, Seigler, Richardson & Davis LLP, Thomas H. Manning Smith, Shaw & Maddox LLP, Rome, and Robert T. Monroe Smith, Shaw & Maddox LLP, Cedartown, for appellee.
    Case Number: A04A2349

    The city's knowledge of a defectively designed dumpster at the city's landfill was imputed on its motion for summary jud