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  • Warren v. State

    Publication Date: 2002-03-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Michael G. Kam Kam & Ebersbach PC, Newnan, and Valerie C. Cooke, Carrollton, for appellant.
    for defendant: . Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A01A2210

    The defendants were not unreasonably detained when a drug dog conducted an exterior free air sniff of their vehicle since the driver consented to a plain view search and the dog was already present

  • DeKalb County Sch. Dist. v. Allen

    Publication Date: 2002-03-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: John B. Austin Austin & Sparks PC, Atlanta, for appellant.
    for defendant: Quinton Seay Thomas, Means, Gillis, Seay and Derek M. Wright The Wright Law Firm PC, Atlanta, for appellees. Other party representation: William T. Mitchell Cruser & Mitchell, Atlanta.
    Case Number: A01A2212

    A county school district waived sovereign immunity for a wrongful death suit involving as school bus by purchasing liability insu

  • Bryan County Bd. of Equalization v. Bryan County Bd. of Tax Assessors

    Publication Date: 2002-03-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Ray C. Smith, Richmond Hill, for appellant.
    for defendant: Michele M. Henderson Henderson & Henderson, Richmond Hill, Thurbert E. Baker Jr., Attorney General, and Kathryn L. Allen, Assistant Attorney General, Atlanta, for appellee.
    Case Number: A01A2286

    The Open Meetings Act applies to all meetings of the Board of Equalization, including deliberations and voting on tax ap

  • Taylor v. State

    Publication Date: 2002-03-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Frank C. Winn Winn, Price & Winn, Douglasville, for appellant.
    for defendant: James D. McDade, District Attorney, and William H. McClain, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A01A1923

    The officers had probable cause to suspect that marijuana would be found in defendant's apartment based on the smell of marijuana coming from the apartment, the smell of marijuana on the clothes of

  • Cortez v. State

    Publication Date: 2002-03-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Charles H. Frier, Atlanta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Jeanne M. Canavan and Priscilla E. Carroll, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A01A2156

    The trial court's error in charging the jury on inferences regarding a person's intent to kill was harmless in light of the overwhelming evidence that defendant intended to kill the v

  • Taylor v. State

    Publication Date: 2002-02-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Lloyd J. Matthews, Jonesboro, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and James L. Wright III, Assistant District Attorney, McDonough, for appellee.
    Case Number: A01A2012

    An officer's testimony concerning de t's exercise of his right to remain silent was not prejudicial since it was inadvertent, part of a narrative of events and not an intentional reference to d

  • Harrell v. State

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Gilbert J. Murrah, Bainbridge, for appellant.
    for defendant: . J. Brown Moseley, District Attorney, Bainbridge, and Charles M. Stines, Assistant District Attorney, Cairo, for appellee.
    Case Number: A01A2288; A01A2289

    A special condition prohibiting a statutory rape probationer from lingering, loitering or spending time at locations where children under 18 are present or likely to be present was too broadly worde

  • Lakeside Invs. Group Inc. v. Allen

    Publication Date: 2002-02-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Stephen P. Fuller Davidson & Fuller, Duluth, for appellant.
    for defendant: Ronald F. Negin, Paul B. Frickey and John P. O'Brien Thompson, O'Brien, Kemp & Nasuit PC, Norcross, for appellee.
    Case Number: A01A1685

    A broker's alleged misrepresentations about the zoning status of certain property could not serve as basis for a fraud action because the property's zoning status was a matter of law and public r

  • Villegas v. State

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Peter R. Hill, Alpharetta, for appellant.
    for defendant: Garry T. Moss, District Attorney, and Allen D. Morris, Assistant District Attorney, Canton, for appellee.
    Case Number: A02A0481

    Defendant waived his right to assert additional objections to the trial court's charge on entra

  • Pike Nurseries Inc. v. Allen

    Publication Date: 2002-02-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Charles B. Waters Jr. Weissman, Nowack, Curry & Wilco PC, Atlanta, for appellant.
    for defendant: James B. Gurley Gurley Prof'l Assoc., Atlanta, for appellees.
    Case Number: A01A2358

    Plaintiffs could not recover for their emotional distress arising out of the injuries their 5-year-old sustained when a concrete display fountain fell on her because the parents suffered no physical