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  • Kitchens v. State

    Publication Date: 2002-12-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: William C. Head, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney, and Christopher R. Johnson, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A02A1494

    The trial court should have suppressed the results of defendant's breath test where her consent was based at least in part on deceptively misleading information concerning the penalty for re

  • Moore v. State

    Publication Date: 2002-11-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Ricky W. Morris Jr. Sexton & Morris PC, Stockbridge, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Bonnie K. Smith, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A02A1617

    The per se DUI defendant was entitled to a charge on the defense of accident or misfortune since the jury could have found that the fully-loaded 18 wheeler which he rear-ended on the interstate dece

  • Rose v. State

    Publication Date: 2002-11-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Elaine T. McGruder Fulton County Conflict Defender's Office, Atlanta, for appellant.
    for defendant: Robert E. Keller, District Attorney, and Erman J. Tanjuatco, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A02A2254

    The defendant was not entitled to a sua sponte jury instruction on similar transaction evidence since he intentionally presented evidence of his prior drug conviction to argue that he would never ag

  • Mckee v. State

    Publication Date: 2002-11-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Scott A. Drake, Grayson, for appellant.
    for defendant: Jerry Rylee, Solicitor, and William B. Hollingsworth, Assistant Solicitor General, Gainesville, for appellee.
    Case Number: A02A0906

    Evidence that defendant was traveling 10 mph and straddling both northbound of an interstate supported her convictions for DUI and failure to maintain

  • Strom v. London

    Publication Date: 2002-11-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Thomas S. Carlock and Alwyn R. Fredericks Webb, Carlock, Copeland, Semler & Stair, Atlanta, for appellant.
    for defendant: . David W. Davenport and Katherine A. Eichelberger Lemar, Archer & Cofin LLP, Atlanta, for appellee.
    Case Number: A02A1480

    The court dismissed the appellants' appeal for failure to file enumerations of

  • Bodne v. Bodne

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Pamela J. Gray, Hope C. Allen and John C. Mayoue Warner, Mayoue & Bates PC, Atlanta, for appellant.
    for defendant: James M. Allison Jr., Douglasville, for appellee.
    Case Number: A02A1380

    The primary custodian's remarriage and move out of state did not, in and of itself, constitute change in conditions authorizing a change in cu

  • Middleton v. Troy Young Realty Inc.

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Carol L. Stokes, Macon, for appellant.
    for defendant: . Randall P. Harrison, Macon, for appellee.
    Case Number: A02A1870

    The plaintiffs could not rely on a broker's failure to disclose that their home was smaller than the model home since the addendum to the parties' sales contract specified that plaintiffs were rece

  • Infinite Energy Inc. v. Georgia Pub. Serv. Comm'n

    Publication Date: 2002-10-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Allen I. Hirsch, Henry R. Chalmers, Aaron M. Danzig Arnall, Golden & Gregory, Atlanta, and Douglas F. John, Washington D.C., for appellant.
    for defendant: Thurbert E. Baker Jr., Attorney General, Robert S. Bomar, Deputy Attorney General, Daniel S. Walsh, Assistant Attorney General, Robert B. Remar and Kimberly L. Myers Rogers & Hardin LLP, Atlanta, for appellees.
    Case Number: A02A1177

    The Public Service Commission's April 2000 order adopting Atlanta Gas Light's proposed methodology for truing-up volume differentials among gas marketers did not arbitrarily or capriciously reverse

  • Lott v. Arrington & Hollowell PC

    Publication Date: 2002-10-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: James W. Penland, Atlanta, for appellant.
    for defendant: Gary W. Diamond and Stanley E. Foster Hollowell, Foster & Gepp PC, Atlanta, for appellee.
    Case Number: A02A1068; A02A1069

    The trial court had authority to change its interlocutory garni order and release excess funds that were improperly deposited into the court registry after the term of court in which the garn

  • Lockett v. State

    Publication Date: 2002-10-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Ronald J. Ellington and Virgil L. Brown Virgil L. Brown & Assocs., Zebulon, for appellant.
    for defendant: Richard G. Milam, District Attorney, Jackson, and Jason S. Johnston, Assistant District Attorney, Forsyth, for appellee.
    Case Number: A02A1255

    Alcohol concentration expressed in grams and percent by weight of alcohol have the same meaning and are used interchangeably by the state legisl