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  • Starr v. State

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Richard E. Allen, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A04A1454

    The defendant's child molestation conviction was reversed because the trial court improperly expressed an opinion on the evidence in its jury instruc

  • Professional Standards Comm'n v. Valentine

    Publication Date: 2004-09-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thurbert E. Baker, Attorney General, Dennis R. Dunn, Deputy Attorney General, Stefan E. Ritter and Kathryn L. Allen, Assistant Attorneys General, Atlanta, for appellant.
    for defendant: Shampa Banerji and Michael E. Kramer Kramer & Thomas LLC, Atlanta, for appellee.
    Case Number: A04A1893

    Some evidence supported the Professional Standards Commissioner's determination that a teacher violated Standard 10 of the Commission's Code of Ethics by acting in a unprofessional manner on school

  • Harris v. Emory Healthcare Inc.

    Publication Date: 2004-09-10
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Benjamin S. Harris, Ocala Fla., proceeded pro se. Amy M. Hoffman, Hunter S. Allen Jr. and Gary R. McCain Allen & Weathington PC, Atlanta, for appellee.
    for defendant:
    Case Number: A04A1520

    The notary public's checkmark on the line indicating that the affiant "did not take an Oath" showed that the plaintiff's malpractice affidavit did not comply with the requirements of O.C.G.A. § 9-1

  • Benjamin v. State

    Publication Date: 2004-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Darryl D. Benjamin, Buford, proceeded pro se. Paul L. Howard Jr., District Attorney, Kenneth D. Feldman and Elizabeth A. Baker, Assistant District Attorneys, Atlanta, for appellee.
    for defendant:
    Case Number: A04A1681

    Defendant's separate sentences for armed robbery and kidnapping were proper since those crimes do not

  • Anderson v. State

    Publication Date: 2004-09-10
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Richard O. Allen, St. Mary's, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, and Henry R. Thompson, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A04A0974

    Defendant's 1981 conviction for rape and kidnapping was admissible to show his intent and bent of

  • Rice v. Lost Mountain Homeowners Assoc. Inc.

    Publication Date: 2004-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: J. Andrew Rice and Kathryn W. Rice, Powder Springs, proceeded pro se. Richard W. Calhoun Brock, Clay, Calhoun, Wilson & Rogers, Marietta, for appellees.
    for defendant:
    Case Number: A04A1244

    The plaintiffs' 11-foot-high white vinyl fence violated the restrictive covenants applicable to their

  • Hollis v. State

    Publication Date: 2004-09-03
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Deborah M. Vaughan Novy, Jaymes & Vaughan, Atlanta, for appellant.
    for defendant: Jeffrey H. Brickman, Acting District Attorney, and Robert M. Coker, Assistant District Attorney, Decatur, for appellee.
    Case Number: A04A1345

    No evidence showed that the defendant's alleged act of placing his mouth on the mouth of the 7-year-old victim occurred in the county alleged in the indic

  • Robertson v. CRI Inc.

    Publication Date: 2004-06-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Mark Ford Anderson Daily LP, Atlanta, for appellant.
    for defendant: Leon S. Jones Jones & Walden LLC, Atlanta, for appellees. Other party representation: Adam P. Princenthal Law Office of Adam P. Princenthal LLC, Bryan G. Harrison Morris, Manning & Martin, and Jeffrey B. Grim, Atlanta.
    Case Number: A04A0571

    The non-resident defendant engaged in purposeful activity in Georgia when he signed a note agreement and guaranty to induce a Georgia-based bank to fund the oper of a Georgia-based corpor

  • Frazier v. State

    Publication Date: 2004-06-25
    Practice Area:
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: W. Keith Barber Allen & Barber PC, Statesboro, for appellant.
    for defendant: Richard A. Mallard, District Attorney, Statesboro, for appellee.
    Case Number: A04A0172

    The trial court did not harmfully err in charging the jury on both DUI-less safe driver and per se DUI for having a blood-alcohol concentration over .1 grams percent, even though the defendant was o

  • Brown v. State

    Publication Date: 2004-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Ellis R. Garnett, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, Charles R. Sheppard and Madonna M. Heinemeyer, Assistant District Attorneys, Augusta, for appellee.
    Case Number: A04A0306

    The prosecutor did not improperly comment on defendant's failure to testify when he stated in closing that the defendant was guilty because he did not offer an alibi witness, physical evidence or sc