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  • Wyman v. State

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Richard O. Allen, St. Mary's for appellant.
    for defendant: Patrick H. Head, District Attorney, and Dana J. Norman, Assistant District Attorney, Marietta, for appellee.
    Case Number: A04A0591

    The trial court was prohibited from participating in the plea negotiation process and lacked authority to accept a different plea so the trial court did not err in refusing to allow the defendant t

  • Paul v. Smith, Gambrell & Russell

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Frank J. Beltran and Douglas V. Chandler Beltran & Assocs., Atlanta, for appellant.
    for defendant: . Robert G. Tanner and Shawn D. Scott Weinberg, Wheeler, Hudgins, Gunn & Dial LLC, Atlanta, for appellees.
    Case Number: A04A0845

    When both conflicts of interest and the judgmental immunity defense are raised, a jury question as to judgmental immunity arises because proof of the existence of a conflict gives rise to the reason

  • Allen v. State

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Teresa O. Weiner, Jonesboro, for appellant.
    for defendant: Steven L. Harris, Solicitor General, and Lura H. Landis, Assistant Solicitor General, Fayetteville, for appellee.
    Case Number: A03A2526

    The defendant was estopped from challenging his 1997 nolo plea under the authority of O.C.G.A. § 40-13-33 a, because he failed to attack the validity of that plea within 180 days of the day it becam

  • Young v. State

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John R. Greco, Marietta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A04A0085

    The defendant failed to show that "his mind was gone" when he entered a plea to enticing a child for indecent purposes, statutory rape, child molestation, aggravated child molestation and sexual exp

  • In the Interest of D. J. E.

    Publication Date: 2004-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Wallace J. Williams Barr, Warner & Pine, Savannah, for D. J. E. Mark J. Nathan, Savannah, for I. B. Spencer Lawton Jr., District Attorney, Arvo H. Henifin, and Kimberly Rowden, Assistant District Attorneys, Savannah, for appellee.
    for defendant:
    Case Number: A04A0332; A04A0333

    Evidence supported the juveniles' delinquency adjudication for various crimes relating to the theft of several automobiles from a car deale

  • Singleton v. State

    Publication Date: 2004-04-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Patrick C. Kaufman, Brunswick, for appellant.
    for defendant: Stephen D. Kelley, District Attorney, and Ann S. Williams, Assistant District Attorney, Brunswick, for appellee.
    Case Number: A04A0784

    The defendant admitted possessing cocaine and told investigators that he generated $40 from drug sales on an averag

  • Williams v. State

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    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: A03A2193

    The victim's prior unprosecuted molestation accusation was inadmissible in the absence of evidence that the accusation was

  • Ken Thomas of Ga. Inc. v. Halim

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Charles B. Marsh and Anandhi S. Rajan Swift, Currie, McGhee & Hiers LLP, Atlanta, for appellant.
    for defendant: Cary S. King Slater, King & Gross, Atlanta, for appellee. Other party representation: Victor J. Faenza Bridges, Ormand & Faenza, Atlanta.
    Case Number: A03A2120

    The doctrine of res ipsa loquitor was not applicable to a 1-car accident since some evidence showed that the accident resulted from negligent driving or that the alleged steering malfunction could h

  • Saxon v. State

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Steven L. Sparger Jackson & Schiavone, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Ronald M. Adams, Assistant District Attorney, Savannah, for appellee.
    Case Number: A03A1674

    The defendant repeatedly drove his companion to daycare parking lots where she carried out car break-ins and thefts and drove her to establishments where she forged the stolen c

  • Total Supply Inc. v. Pridgen

    Publication Date: 2004-04-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John W. Mrosek, Fayetteville, for appellant.
    for defendant: Michael J. Moore, Warner Robins, for appellee.
    Case Number: A04A0632

    A jury question remained as to whether laches barred the plaintiff's constructive trust claim based on the running of the 4-year statute of limitations on it alternative legal rem