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  • Schultz v. State

    Publication Date: 2004-05-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Bobby L. Cook, Summerville, and Todd M. Johnson, Cohutta, for appellant.
    for defendant: Garry T. Moss, District Attorney, Allen D. Morris and Wallace W. Rogers Jr., Assistant District Attorneys, Canton, for appellee.
    Case Number: A04A0030

    The defendant could not deny performing the acts, which formed the basis of the aggravated child molestation charge, and claim that he committed such acts by mi

  • In re: Laurens County April-June 2001 and July-September 2001

    Publication Date: 2004-05-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: John E. Morrison, Vidalia, for appellant.
    for defendant: James L. Wiggins, Eastman, Francis M. Lewis Lewis & King LLC, and Joseph L. Chambers, Assistant District Attorney, Dublin, for appellee.
    Case Number: A04A0753

    The proposed grand jury presentment criticizing the district attorney's office constituted an act that was beyond the grand jury's statutory auth

  • Alwin v. State

    Publication Date: 2004-05-07
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Maureen O. Floyd Fleming, Jackson, Ingram & Floyd PC, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Madonna M. Heinemeyer, Assistant District Attorney, Augusta, for appellee.
    Case Number: A04A1133

    The victims testified at the new trial hearing that no member of the defendant's jury was present in the courtroom during his co-defendant's guilty

  • Collier v. State

    Publication Date: 2004-04-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Allen M. Trapp Jr., Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A03A2159

    The defendant's consent to blood testing based on the police officer's intentional misrepresentation of his implied consent rights was invalid and trial counsel was deficient for failing to seek sup

  • 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