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  • West v. State

    Publication Date: 2005-02-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: James W. Bradley, Jonesboro, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Richard C. Brown, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A04A1826

    The trial court did not err in excluding the defendant from the courtroom during identification testimony after he became disruptive, spat on his counsel and indicated that he would continue to disr

  • Clark v. State

    Publication Date: 2005-02-25
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Martin G. Hilliard, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Melanie Higgins, Assistant District Attorney, Savannah, for appellee.
    Case Number: A05A0300

    The trial court did not err in excluding the testimony of the defendant's witness after he failed to give the state 10-day's notice of the witness's written statement as required by O.C.G.A. § 17-1

  • 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:
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    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:
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    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
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    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
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    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
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    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:
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    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