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  • J & M Aircraft Mobile T Hangers Inc. v. Johnston County Airport Auth.

    Publication Date: 2004-10-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Jack F. Witcher and Daniel B. Greenfield, Bremen, for appellant.
    for defendant: . David S. DeLugas, Marietta, for appellee. Other party representation: J. H. Chattin The Georgia Tribe of E. Cherokee, Dahlonega.
    Case Number: A04A1646

    State courts are divested of jurisdiction by tribal courts as a matter of law only when exercised over Indians or activities on Indian

  • Bryan v. State

    Publication Date: 2004-10-08
    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

  • Allen v. Jones

    Publication Date: 2004-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Gerald W. Brown, Athens, for appellant.
    for defendant: . J. Hue Henry, Athens, for appellee.
    Case Number: A04A1818

    There was no evidence that the servicing agent knowingly or intentionally participated in the alleged fraud that formed the basis of the plaintiffs' RICO claim involving the sale of viatical settlem

  • Foster v. State

    Publication Date: 2004-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Senior Assistant District Attorney, Atlanta, for appellee.
    Case Number: A04A1393

    Trial counsel was not ineffective for advising the vehicular homicide defendant not to tell the trial judge that he swerved four feet into the emergency lane during rush hour when he bent down to pi

  • 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:
    Industry:
    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