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  • 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:
    Industry:
    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

  • Stanley v. State

    Publication Date: 2004-06-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: John A. Rumker, Douglas, for appellant.
    for defendant: Richard E. Currie, District Attorney, Waycross, and Allen R. Knox, Assistant District Attorney, Douglas, for appellee.
    Case Number: A04A0320

    The defendant shot the victim after several confrontations in which the victim attacke

  • Johnson v. State

    Publication Date: 2004-06-11
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Gerald P. Word and Jason W. Swindle Word & Simmons PC, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A04A0136

    The trial court did not err in admitting defendant's statement to police that he would identify a major drug player if they let him walk away since there was no evidence that the officers coerced or

  • Stuart v. State

    Publication Date: 2004-06-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Rodney L. Mathis, Calhoun, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, Calhoun, and Sharon M. Fox, Assistant District Attorney, Cartersville, for appellee.
    Case Number: A04A0259

    There was no evidence that the trial court acted vindictively in sentencing the defendant more severely than it would have had the defendant plead guilty to all ch

  • Leventhal v. Cumberland Dev. LLC

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Herman Clark Clark & Clark, Ellijay, and Lee M. Bagel, Marietta, for Leventhal and others. Glen E. Stinson, Dallas, for Cumberland Dev. LLC. Other party representation: Hansell L. Smith Smith, Eubanks, Smith & Darden, and Mike D. Harrison, Marietta.
    for defendant:
    Case Number: A04A0699; A04A0700

    There was no evidence that the defendants agreed to a consent order drafted by the plaintiff's att

  • Ferguson v. State

    Publication Date: 2004-05-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert R. McLendon IV, Blakely, for appellant.
    for defendant: J. Brown Moseley, District Attorney, Bainbridge, for appellee.
    Case Number: A04A0060

    Defendant suffocated her newborn by placing her in plastic

  • Millen v. State

    Publication Date: 2004-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Wystan B. Getz, Decatur, for appellant.
    for defendant: Richard R. Read, District Attorney, Conyers, for appellee.
    Case Number: A04A0389

    To support a conviction for possession of a firearm during the commission of a crime, the state was not required to prove that defendant's possession of the firearm in and of itself was unl