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  • Collier v. State

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Joseph S. Key Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: John G. Conger, District Attorney, and David B. Ross, Assistant District Attorney, Columbus, for appellee.
    Case Number: A03A1728

    Trial counsel was ineffective for failing to object to the prosecutor's closing in which he pleaded with the jury to find the defendant guilty of present charges in order to rectify an earlier plea

  • M.J.E.S. Enters. Ltd. v. Martin

    Publication Date: 2004-04-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Wayne Pierce Pierce & Young, Atlanta, for appellant.
    for defendant: . David S. Lipscomb, Lawrenceville, for appellee. Other party representation: Jeffrey F. Leasendale Allen & Assocs., Atlanta.
    Case Number: A03A1653

    Plaintiff was not entitled to add two defendants to her personal injury suit after expiration of the statute of limitation because defendants could not have known that, but for some mistake involvin

  • Hart v. Appling County Sch. Bd.

    Publication Date: 2004-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Richard Phillips Phillips & Kitchings, Ludowici, for appellant.
    for defendant: Fred S. Clark Clark & Clark, Savannah, for appellee.
    Case Number: A04A0187

    A waiver of sovereign immunity occurs at the time the cause of action arose and the plaintiff was injured prior to the 1991 amendments to the sovereign immunit

  • Bradford v. State

    Publication Date: 2004-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Demetria Williams DeKalb County Pub. Defender's Office, and Ruth Rocker, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Decatur, Thurbert E. Baker Jr., Attorney General, and David McLaughlin, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A03A2442

    The indictment charging the defendants from t money from three named mortgagees on three specified dates sufficiently charged the crimes of theft by t

  • Reichman v. Southern Ear, Nose & Throat Surgeons PC

    Publication Date: 2004-03-26
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Mark Ford Anderson Dailey LP, Atlanta, for appellant.
    for defendant: Robert C. Threlkeld Morris, Manning & Martin LLP, Atlanta, for appellees. Other party representation: Kara A. Hicks and Paul E. Weathington Allen, Weathington & Reeves, Atlanta.
    Case Number: A03A1994

    The Court construed an ambiguity in the plaintiff's employment contract in his favor as the non-drafting party and held that he was entitled to receive compensation, which he earned through his last

  • Upshaw v. Roberts Timber Co. Inc.

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lester Z. Dozier Dozier & Sikes LLC, Macon, for appellant.
    for defendant: Joel A. Howe and Craig N. Cowart Miller, Cowart & Howe LLP, Macon, for appellee.
    Case Number: A04A0219

    Evidence of three traffic-related citations in 23 years does not demonstrate a pattern of reckless dr

  • Rios v. Norsworthy

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: James S. Strawinski and Nicole W. Stout, Atlanta, for appellant.
    for defendant: William E. Gray II, Stacey K. Hydrick Gray, Hedrick & Edenfield, Michael J. Warshauer and Bradford W. Thomas Warshauer, Woodruff & Thomas PC, Atlanta, for appellees. Other party representation: Robert A. Freyre, Cumming.
    Case Number: A03A2411

    The third-party defendant was exercising ordinary care when he checked his rearview mirror to confirm that the defendant's vehicle was behind him before focusing his attention on an uphill curve in

  • Duke v. Bachner

    Publication Date: 2004-03-19
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Wayne Pierce Pierce & Young, Atlanta, for appellant.
    for defendant: . John A. Gilleland Love Willingham Peters Gilleland Monyak, Atlanta, for appellee. Other party representation: Robert G. Tanner Weinberg, Wheeler, Hudgins, Gunn & Dial, and Paul E. Weathington Allen, Weathington & Reeves, Atlanta.
    Case Number: A03A2293

    An assisting physician is not required to obtain the patient's consent prior to assisting in a su

  • Browner v. State

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Troy R. Millikan, Gainesville, for appellant.
    for defendant: Timothy G. Madison, District Attorney, Jefferson, Anthony B. Williams and Robin R. Riggs, Assistant District Attorneys, Winder, for appellee.
    Case Number: A04A0062

    The omission of information that the informant returned all of the money to the officer along with the cocaine did not affect gistrate's finding of probable cause since the officer orally told

  • Oliver v. Sutton

    Publication Date: 2004-03-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Stephen B. Wallace II Albert B. Wallace PC, Jonesboro, for appellant.
    for defendant: Kara A. Hicks, Paul E. Weathington and Amy M. Hoffman Allen & Weathington, Atlanta, for appellee.
    Case Number: A04A0001

    The plaintiff failed to present any evidence of damages stemming from the defendant's alleged failure to tell him he suffered from post-traumatic arth