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  • 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
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    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

  • Davis v. State

    Publication Date: 2002-10-04
    Practice Area:
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: John A. Rumker, Douglas, for appellant.
    for defendant: Richard E. Currie, District Attorney, and Allen R. Knox, Assistant District Attorney, Waycross, for appellee.
    Case Number: A02A1697

    The trial court did not err in allowing the defendant to proceed pro se after he dismissed his appointed counsel and repeatedly told the trial court that he wanted to represent hi

  • Allen v. State

    Publication Date: 2002-09-13
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Crisp B. Flynt Flynt & Flynt, Griffin, for appellant.
    for defendant: Griffin E. Howell III, Solicitor, Griffin, for appellee.
    Case Number: A02A1599

    Defendant's breath test results of .079 and .078 did not give rise to an inference that he was under the infl

  • Govert v. State

    Publication Date: 2002-09-06
    Practice Area:
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    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Scott L. Ballard Ballard & Ballard, Fayetteville, for appellant.
    for defendant: Steven L. Harris, Solicitor General, Fayetteville, for appellee.
    Case Number: A02A0930

    The superior, state and municipal courts shared concurrent jurisdiction over defendant's DUI and traffic offense charges, regardless of whether she waived her right to a jury

  • Williams v. State

    Publication Date: 2002-08-30
    Practice Area:
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Oliver R. Register, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, James E. Hardy, Chief Assistant District Attorney, and James L. Prine II, Assistant District Attorney, Thomasville, for appellee.
    Case Number: A02A1296

    DNA evidence derived from a blood sample taken with defendant's co after he invoked his right to counsel was admissible since the state could have drawn defendant's blood without co

  • Thompson v. State

    Publication Date: 2002-08-30
    Practice Area:
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: L. Elizabeth Lane, Macon, for appellant.
    for defendant: Kelly R. Burke, District Attorney, Katherine K. Lumsden and Amy E. Smith, Assistant District Attorneys, Perry, for appellee.
    Case Number: A02A1456

    The evidence, including defendant's own admissions that his house and shop where the crimes occurred are located in Houston County, established venue beyond a reasonable

  • Johnson v. State

    Publication Date: 2002-08-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Sherry Boston and Marny J. Heit The Chestney-Hawkins Law Firm, Atlanta, for appellant.
    for defendant: Joseph J. Drolet, Solicitor General,, Solicitor General, and Felicia N. McKibben, Atlanta, for appellee.
    Case Number: A02A0857

    The trial court abused its discretion in granting a mistrial on three traffic offenses after the jury reached a unanimous verdict on those c , but deadlocked on a DUI c

  • Unified Gov't of Athens-Clarke County, Ga. v. Watson

    Publication Date: 2002-08-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: William C. Berryman Jr. McLeod, Benton, Lowery & Meeks, Athens, and Charles N. Pursley Jr. Pursley, Howell, Lowery & Meeks, Atlanta, for appellant.
    for defendant: J. Edward Allen Jr. and Richard L. Ford Jr. Fortson, Bentley & Griffin PA, Athens, for appellee.
    Case Number: A01A2441

    The condemned property's close proximity to a university and city, as well as the deteriorated nature of the immediately surrounding neighborhood, allowed the jury, in valuing the property, to consi

  • State v. Allen

    Publication Date: 2002-08-16
    Practice Area:
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: J. Brown Moseley, District Attorney, and Joseph E. Griffin, Assistant District Attorney, Bainbridge, for appellant.
    for defendant: Donald D. Rentz, Albany, for appellee.
    Case Number: A02A1316

    O.C.G.A. § 40-6-391 a 5 does not require that an blood alcohol test be administered within three hours of a DUI acc