• Page v. State

    Publication Date: 2005-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Stanley W. Schoolcraft III, Stockbridge, for appellant.
    for defendant: Robert E. Kelley, District Attorney, and Lalaine A. Briones, Assistant District Attorney, Jonesboro, for appellee.

    Case Number: A04A1639

    The mentally retarded 31-year-old rape victim was not capable of giving the defendant consent to sexual interc

  • Dailey v. State

    Publication Date: 2005-02-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Richard O. Allen, St. Mary's, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, and Laura J. Murphree, Assistant District Attorneys, Marietta, for appellee.

    Case Number: A04A2018

    The defendant left a fingerprint left on a note used in a hotel ro

  • Steele v. Atlanta Maternal-Fetal Med. PC

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Allen F. Harris and Jim N. Peterson Jr. Peterson & Harris PC, Atlanta, for appellant.
    for defendant: . John E. Hall Jr. and Jonathan Marigliano Hall, Booth, Smith & Slover PC, Atlanta, for appellees.

    Case Number: A04A2023

    The trial court reversibly erred in overruling the plaintiffs' objection to defense counsel's closing argument, in which counsel effectively argued that the plaintiffs bore the burden of proving the

  • Steele v. Georgia Dep't of Transp.

    Publication Date: 2005-02-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Dennis T. Cathey, David A. Sleppy Cathey & Strain, Cornelia, and Matthew T. Allen, Atlanta, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Kathleen M. Pacious, Deputy Attorney General, Loretta L. Pinkston and Robert C. Edwards, Assistant Attorneys General, Atlanta, for appellee.

    Case Number: A04A1626

    The DOT is not exempt from liability for failing to conform a roadway's shoulder slope ste to generally accepted engineering and design standards after road-widening projects increased the st

  • 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