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  • Nowill v. State

    Publication Date: 2005-01-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Kirk E. Gilliard Garrett & Gilliard PC, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Madonna M. Little, Assistant District Attorney, Augusta, for appellee.
    Case Number: A04A2141

    Although the trial court's Allen charge contained inappropriate language, the charge as a whole was not impermissibly coe

  • Benton v. State

    Publication Date: 2005-01-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jonathan R. Melnick, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker and Daniel M. Hirsch, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A03A1300

    Generally, a jury's recommendation of leniency is mere surplusage, which does not affect the validity of a ve

  • Dixon v. State

    Publication Date: 2005-01-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John L. Strauss, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Monroe, and Layla V. Hinton, Assistant District Attorney, Covington, for appellee.
    Case Number: A04A1682

    The officer had probable cause, under the totality of the circumstances, to stop the defendant for a suspected violation of O.C.G.A. § 40-8-7, which prohibits the operation of a vehicle with lightin

  • Blockum v. Fieldale Farms Corp.

    Publication Date: 2005-01-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Victor Blockum, Athens, proceeded pro se. Jay D. Bennett and Paul J. Kaplan Alston & Bird LLP, Atlanta, for appellee.
    for defendant:
    Case Number: A04A2027

    The Court could not consider the plaintiff's supplemental because it was a complete revision of his initial

  • Bryan v. State

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    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 methamphe possession and methamphe possession with intent to distribute with his conviction for manufacturing methamph

  • Porter v. State

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: John T. Strauss, Newton County Public Defender, Covington, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, Monroe, and Layla V. Hinton, Assistant District Attorney, Covington, for appellee.
    Case Number: A04A2218

    Because the defendant's letter to his ex-wife regarding his alleged molestation of a similar transa victim was not testimony, it was not subject to a continuing witness obje

  • DeSouza v. State

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Dwight L. Thomas and Caprice R. Jenerson, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Samuel W. Lengen and Dana J. Norman, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A1844

    The trial court did not abuse its discretion in declaring a mistrial where the jury was hopelessly deadl

  • Henderson v. Gandy

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Thomas J. Venker, Andrew R. Kirschner Kirschner & Venker PC, Atlanta, and Michael W. McElroy, Peachtree City, for appellant.
    for defendant: . Paul E. Weathington, Robert T. Strang III, Simuel F. Doster Jr. Allen & Weathington PC, Jeffrey D. Braintwain Huff, Powell & Bailey LLC, Brynda R. Insley Insley & Race, and Ashley P. Nichols Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellees.
    Case Number: A04A1478

    Georgia's Fair Business Practices Act does not apply to private transac

  • Navajo Constr. Inc. v. Brigham

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Ravelle D. Smith Vaughn & Evans, Cartersville, for appellant.
    for defendant: Sidney P. Wright, Rome, for appellees.
    Case Number: A04A2272

    The trial court erred in granting the defendants' motion for summary judgment where the plaintiff presented a prima facie claim of tre

  • White v. Kaminsky

    Publication Date: 2005-01-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Larry A. Ballew, Cumming, for appellant.
    for defendant: Gregory J. Digel, Fred R. Slotkin Jr. Holland & Knight LLP and Louis R. Cohan Weinstock & Scavo PC, Atlanta, for appellee.
    Case Number: A04A2111

    The trial court erred in failing to apply the rules of contract construction to resolve an ambiguity in certain real property covenants with regard to the design and construction of property improve