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  • Key v. State

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Mario A. Pacella, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta for appellee.
    Case Number: A01A0318

    Any error in the trial court's failure to strike the victim's nonresponsive remark about defendant's incarceration was harmless given the eyewitness testimony, which overwhelmingly supported defenda

  • Thomas v. State

    Publication Date: 2001-03-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Mark W. Straughan Straughan & Straughan, McRae, for appellant.
    for defendant: Timothy G. Vaughn, District Attorney, and Russell P. Spivey, Assistant District Attorney, Eastman, for appellee.
    Case Number: A01A0514

    The state was not involved in the victims' pretrial identification of the defendant because the victims showed defendant's photograph to each other before they gave it to the p

  • Walton v. State

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Brooks S. Franklin and Mary E. Lysak Franklin, Moran & Boyle, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A01A0183

    The trial court did not decline to exercise its discretion in stating that it had no choice, but to mandate a 20-year sentence for defendant's third burglary convi

  • Tate v. Coastal Utils. Inc.

    Publication Date: 2001-02-23
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    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Richard D. Phillips and Joseph C. Kitchings Phillips & Kitchings, Ludowici, for appellant.
    for defendant: . David R. Smith Branan, Searcy & Smith, Savannah, for appellees.
    Case Number: A00A2238, A00A2239

    The plaintiffs could not use the renewal statute to revive their personal injury claims because the federal court dismissed their original action for failure to exercise due diligence in attempting

  • Arnold v. State

    Publication Date: 2001-02-23
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Ruffin, John H.
    Attorneys: For plaintiff: Alan J. Baverman, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Timothy B. Lumpkin, Assistant District Attorney, Dana J. Norman, Assistant District Attorney, Marietta, for appellee.
    Case Number: A00A2375

    Evidence that defendant threatened to shoot one of the arresting officers supported his convi for felony obstru

  • Brand v. Southern Employment Service

    Publication Date: 2001-02-16
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: M. Stephen Hyles Hagler Hyles Adams & Hix, Columbus, for appellant.
    for defendant: Richard E. Flowers Richard E. Flowers PC, Columbus, for appellee.
    Case Number: A00A2203

    An unincorporated proprietorship could not bring suit because it was not a legal e

  • First Born Church of the Living God Inc. v. Bank of Am.

    Publication Date: 2001-02-14
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Kirby C. G. Mason Hunter, McLean, Exley & Dunn PC, Savannah, John M. Hatfield The Hatfield Law Firm, Waycross, and Walter D. Adams, Brunswick, for appellant.
    for defendant: . Lamar Gibson Gibson & Spivey PC, Waycross, and Monica L. Cothran Davenport, James & Cothran, Panama City, Fla., for appellee. Other party representation: Kerey Carpenter, Tallahassee, Fla.
    Case Number: A00A1795

    The trial court erred in retaining jurisdiction to consider the propriety of the church board's successive attempts to remove its senior bishop because the Court of Appeals' decision in the parties

  • Kirkland v. State

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Brian Steel, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Jr., District Attorney, and Christopher Quinn, Assistant District Attorney, Atlanta, for appellee.
    Case Number: A00A1823

    Defendant's prior acquittal on an attempted burglary charge arising out of his connection with a "Bad Cop" crime did not preclude his trial on other charges attributed to the crime

  • Lewis v. State

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: W. Keith Barber Allen & Barber, Statesboro, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, and Katherine L. Kissam, Special Assistant District Attorney, Marietta, for appellee.
    Case Number: A00A2061

    Given the evidence of defendant's intoxication, he could not show that he was prejudiced by his counsel's failure to require the state to lay a proper foundation for admission of the Alcosensor re

  • Warren v. Board of Regents of the Univ. Sys. of Ga.

    Publication Date: 2001-02-02
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: J. Hue Henry and Christopher L. Casey J. Hue Henry PC, Athens, for appellant.
    for defendant: . Thurbert E. Baker, Attorney General, Daniel M. Formby, John B. Ballard Jr., Deputy Attorneys General, Oscar B. Fears III, Assistant Attorney General, and Letitia M. Brown King & Spalding, Atlanta, for appellees. Other party representation: James C. Rawls Powell, Goldstein, Frazier & Murphy, George P. Shingler Casey, Gilson, Williams & Shingler, Randolph A. Mayer Mayer & Beal, Karen R. White Arrington & Hollowell PC, Floyd C. Newton III, Michael R. Smith King & Spalding and Carrie L. Christie Christie, Toreno & Hatcher LLP, Atlanta.
    Case Number: A00A1841

    Plaintiffs' contribution of money to a charitable did not give them standing to maintain a suit to enforce the