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  • Felton v. State

    Publication Date: 2004-12-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Wesley C. Ross District Attorney's Office, Lawrenceville, for appellee.
    Case Number: A04A2236

    Defendant's custodial videotaped statement was admissible, since the defendant twice initiated further conversation with police after requesting co

  • Carver v. Empire Fire & Marine Ins. Co.

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: William B. Johnson, Jesup, for Carver and others. Raymond S. Gordon Jr. and W. Jefferson Hires Gordon & Hires, Jesup, for Daniels and others. Marvin W. McGahee, Savannah, for Empire Fire & Marine Ins. Co. Clyde M. Urquhart, Woodbine, for Canal Indem. Co. Other party representation: Jeffery N. Osteen Jones, Osteen, Jones & Arnold, Hinesville, William M. McHugh Jr. Durham, McHugh & Duncan PC, Brunswick, and James E. Stein, St. Mary's.
    for defendant:
    Case Number: A04A1746; A04A1747; A04A1748

    Coverage for the plaintiffs' claims was limited by the insurance policy's exclusion for losses arising out of the use of an automobile by those persons who reside in the household of an employee, of

  • State v. Simmons

    Publication Date: 2004-11-05
    Practice Area:
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Carmen D. Smith, Solicitor General, Jodi L. Harter and Jody L. Peskin, Assistant Solicitors General, Atlanta, for appellant.
    for defendant: Mark A. Hansford Head, Thomas, Webb & Willis, and Michael M. Hawkins The Chestney Hawkins Law Firm, Atlanta, for appellee.
    Case Number: A04A1671

    The DUI defendant could not withdraw his duly given consent to a state-administered blood alcohol test 11 days after the blood was

  • American Multi-Cinema Inc. v. Walker

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Henry E. Scrudder Jr., Aaron J. Aberson Goldner, Sommers, Scrudder & Bass LLP, David M. Atkinson Magill & Atkinson, Atlanta, for appellant.
    for defendant: . Shean D. Williams, Hezekiah Sistrunk Jr. Cochran, Cherry, Givens, Smith & Sistrunk PC, Peter A. Law, and Allen L. Broughton, Atlanta, for appellee. Other party representation: Edgar S. Mangiafico Jr. Duncan & Mangiafico PC, Atlanta.
    Case Number: A04A1475

    The trial court reversibly erred in charging the jury on ratification since the charge misled the jury into believing that the defendant could be liable based solely for retaining an off-duty offic

  • Bodne v. Bodne

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Pamela J. Gray, Hope C. Allen and John C. Mayoue Warner, Mayoue & Bates PC, Atlanta, for appellant.
    for defendant: James M. Allison Jr., Douglasville, for appellee.
    Case Number: A02A1380

    The trial court properly changed primary physical custody of the parties' children from the father to the mother based on the father's decision to move out of state so that he could establish a new

  • Eason v. State

    Publication Date: 2004-11-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Kevin W. Drummond and Ruth K. Johnson, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A04A2206

    The defendant failed to show that his trial counsel was defi

  • West v. State

    Publication Date: 2004-10-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ronald L. Beckstrom, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, for appellee.
    Case Number: A04A0850

    The defendant helped arrange the sale of cocaine to an undercover officer and was in possession of a piece of crack cocaine at the time of his a

  • Robinson v. State

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Maryellen Simmons, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A04A2066

    Evidence of two prior incidents in which the defendant sexually assaulted unwilling women at night was admissible to rebut his defense of co

  • Feazell v. Gregg

    Publication Date: 2004-10-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Robert Altman, Atlanta, for appellant.
    for defendant: W. Seaborn Jones and Steven Salcedo Owen, Gleaton, Eagan, Jones & Sweeney LLP, Atlanta, for appellee.
    Case Number: A04A1446

    The trial court erred as a matter of law in setting aside the default judgment for the plaintiff where the defendant failed to meet any of the statutory grounds under O.C.G.A. § 9-

  • Garmon v. State

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jeffrey S. Purvis Tanyard Oaks, Cumming, for appellant.
    for defendant: Penny A. Penn, District Attorney, and Sandra A. Partridge, Assistant District Attorney, Cumming, for appellee.
    Case Number: A04A1560

    O.C.G.A. § 16-13-31 e 3 mandates a 25-year sentence for trafficking in more than 400 grams of methamphet