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  • Kaiser v. Tara Ford Inc.

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Brian B. Pastor Pastor Law Group PC, Atlanta, John E. Spainhour and Elise G. Spainhour Givhan Spainhour PSC, Shepherdsville, Ky., for appellant.
    for defendant: A. L. Mullins Jr. Byrne, Eldridge, Moore & Davis PC, Atlanta, for appellee. Other party representation: William H. Brandon, Avondale Estate.
    Case Number: A00A2350

    Plaintiff had no cause of action for malicious prosecution based on false information that defendant's employee provided to authorities during an ongoing criminal investigation because the employee

  • Driver v. State

    Publication Date: 2001-04-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Anthony B. Williams, Assistant Solicitor General, Canton, and Valerie C. Thomason Thomason & Blackmon PC, Carrollton, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A01A0532

    The trial court properly admitted defendant's pre-Miranda statement because a reasonable person in his shoes would not have believed he was in custody when the deputy ask him if he had been dr

  • Williams v. State

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Harold B. Baker, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, James E. Hardy, Chief Assistant District Attorney, Robert R. Auman and Robert D. Jewell, Assistant District Attorneys, Thomasville, for appellee.
    Case Number: A01A0554

    De counsel was not deficient for pursuing an all-or-nothing de to a child molestation charge, rather than requesting a charge on sexual battery as the lesser included of

  • State v. Redd

    Publication Date: 2001-03-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Robert B. Ellis Jr., District Attorney, Ellen S. Gordon, Assistant District Attorney, Nashville, and Timothy L. Eidson, Chief Assistant District Attorney, Adel, for appellant.
    for defendant: Charles R. Reddick, Homerville, for appellee. Other party representation: Kenneth B. Hodges III, District Attorney, Albany, J. David Miller, District Attorney, Valdosta, Keith C. Martin, Solicitor, Jonesboro, Leslie C. Abernathy, Solicitor, Cumming, Carmen Smith, Solicitor, Atlanta, Cheryl B. Jolly, Solicitor General, Augusta, and Wensley Hobby, Solicitor, Reidsville.
    Case Number: A00A1059

    State v. Redd, 243 Ga. App. 809 2000, is vacated and the state's appeal of the denial of its motion to the disqualify district attorney pro tempore from representing criminal defendants is dism

  • Bedford v. Awod

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Timothy N. Toler, Atlanta, for appellant.
    for defendant: . Donald W. Osborne Law Office of Allen & Assocs., and Jay F. Eidex, Atlanta, for appellees.
    Case Number: A00A2106

    The employee's timesheet provided only circumstantial evidence that he was acting within the scope of his employment at the time of the acc

  • Allen v. State

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Lovett Bennett Jr., Statesboro, for appellant.
    for defendant: William S. Askew, District Attorney, Swainsboro, for appellee.
    Case Number: A01A0423

    The trial court violated defendant's right to be tried by an impartial jury by requiring him to wear leg shackles, even though he was not disruptive, had not threatened anyone and did not attempt to

  • Yates v. State

    Publication Date: 2001-03-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Charles G. Harbin Jr., Marietta, for appellant.
    for defendant: Alan R. Tawse Jr., Solicitor General, and Arthur J. Creque, Assistant Solicitor General, Warner Robins, for appellee.
    Case Number: A00A2245

    The trial court erred in denying a deaf defendant's motion to suppress his refusal to take a breath test because the arresting officer failed to obtain a qualified interpreter as required by O.C.G.A

  • Dorsey Trailers Inc. v. Knight

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James T. Foley, Tyler, Alan R. Perry Jr., George W. Austin III and Robert P. Marcovitch Kilpatrick Stockton LLP, Atlanta, for Dorsey. Yehuda Smolar, James I. Seifter, G. Grant Brantley, Barry L. Roseman Smolar, Roseman, Brantley & Seifter, Atlanta, and Hardy Gregory Jr. Gregory, Christy & Maniklal, Cordele, for Knight. Albert H. Parnell and Kristine B. Morain Hawkins & Parnell, Atlanta, for Mobile Tool Int'l. Other party representation: William A. Posey, Joseph M. Callow Jr. Keating, Muething & Klekamp, Cincinnati, Ohio, A Timothy Jones Hawkins & Parnell, and Ben L. Weinberg Jr. Long, Weinberg, Ansley & Wheeler, Atlanta.
    for defendant:
    Case Number: A00A1985; A00A1986; A00A1987

    Under the rule of lex fori, the trial court properly applied Georgia's 10-year statute of repose to the plaintiffs' product liability c

  • Monteagudo v. State

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Jody D. Peterman Dodd & Dennis PC, Valdosta, for appellant.
    for defendant: J. David Miller, District Attorney, and Robert T. Gilchrist, Assistant District Attorney, Valdosta, for appellee.
    Case Number: A01A0599

    Defendant's presence, companionship and conduct before and after the burglary authorized his convi

  • Dickerson v. Dickerson

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Kenneth L. Shigley, Atlanta, for appellant.
    for defendant: Richard W. Hendrix Finch, McCranie, Brown & Thrash, Atlanta, for appellee.
    Case Number: A00A1992

    A prior judicial determination that petitioner was not decedent's common-law wife, precluded her from raising their alleged common-law marriage in her petition to set aside the appointment of decede