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  • Bennett v. State

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Richard O. Allen, St. Mary's, for Bennett. Robert W. Lenzer and Thomas P. Lenzer Lenzer & Lenzer, Norcross, for Jacobs. Daniel J. Porter, District Attorney, and Dan W. Mayfield, Assistant District Attorney, Lawrenceville, for appellant.
    for defendant:
    Case Number: A03A2439; A03A2440

    The trial court's error in admitting the defendant's statement in violation of the co-defendant's Sixth Amendment rights under Bruton was harmless, since the evidence against the co-defendant was ov

  • Nash v. Ohio Nat'l Life Ins. Co.

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Hayes M. Dever and Patricia J. Duffy Friedman, Dever & Merlin LLC, Atlanta, for appellant.
    for defendant: Allen S. Willingham Love & Willingham, and Michael T. Thornton, Atlanta, for appellees.
    Case Number: A03A1822; A03A1823

    The plaintiff was on notice in 1992 that the life insurance policy he purchased was a variable life insurance policy since his accountant informed him at that time that the policy was based on a pro

  • Ogden v. State

    Publication Date: 2004-04-09
    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, and Dana J. Norman, Assistant District Attorney, Marietta, for appellee.
    Case Number: A04A0097

    The defendant demanded money from the victim while displaying a closed knife with a quick release b

  • Evans v. State

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Robert D. Wilson, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, Margaret E. Bagley and Julia A. Slater, Assistant District Attorneys, Columbus, for appellee.
    Case Number: A04A0287

    The trial court did not abuse its discretion in refusing to sever the rape and false imprisonment charges relating to one victim from the charges involving the other victims because the incidents de

  • Tunnelite Inc. v. Estate of Rebecca Wight Cherry Sims

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Robert C. Koski The Koski Firm PC, Vincent M. Tilley and G. Roger Land, Atlanta, for appellant.
    for defendant: Shelby A. Outlaw The Outlaw Firm, Decatur, Irwin W. Stolz Jr. Winburn, Lewis, Barrow & Stolz PC, Athens, James L. Paul and Michael S. Welsh Chamberlain, Hrdlicka, White, Williams & Martin, Atlanta, for appellees. Other party representation: Vernitia A. Shannon and John A. Ayoub Fulton County Attorney's Office, Atlanta.
    Case Number: A03A1861

    An intrastate federal judgment does not need to be domesticated before it is recognized or attains lien status in Georgia state c

  • Galardi v. Steele Inman

    Publication Date: 2004-04-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Aubrey T. Villines Jr. and Heidi A. Honis, Atlanta, for appellant.
    for defendant: . Spencer J. Krupp Spix, Krupp & Reece PC and Lawrence L. Bennett Jr., Atlanta, for appellant. Other party representation: O. Jackson Cook The Cook Law Office, Atlanta.
    Case Number: A03A2565

    The doctrine of respondeat superior does not apply in slander

  • 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