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  • 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

  • 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
    Practice Area:
    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