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  • Hodges v. State

    Publication Date: 2001-01-26
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Robert L. Chandler Thompson, Fox, Chandler, Homans & Hicks, Gainesville, for appellant.
    for defendant: Lydia J. Sartain, District Attorney, and Arturo Corso, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A00A2504

    Evidence that the victim was shot with a 9-millimeter automatic pistol at a distance of 18 to 24 inches authorized the jury to find that the victim did not shoot herself as defendant cont

  • Costrini v. Hansen Architects PC

    Publication Date: 2001-01-26
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    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Thomas A. Nash Jr., Savannah, for appellant.
    for defendant: Christopher L. Rouse Lee, Black, Scheer & Hart, PC, Savannah, for appellee.
    Case Number: A00A1786

    There was no evidence that plaintiff was prevented from discovering the allegedly defective construction prior to expiration of the limitation p

  • Smith v. State

    Publication Date: 2001-01-26
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Richard T. Ryczek Jr., Rockdale County Public Defender's Office, Conyers, for appellant.
    for defendant: Richard R. Read, District Attorney, Conyers, for appellee.
    Case Number: A00A2426

    The cashier's testimony that defendant's gestures and demand for money caused him to fear that defendant might have a gun was sufficient to establish intimid

  • Skipper Sams v. Roswell-Holcomb Assocs.

    Publication Date: 2001-01-26
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    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Curtis R. Richardson, Decatur, for appellant.
    for defendant: Robert D. Wildstein Bodker, Ramsey & Andrews PC and Ann S. Infinger Arnall, Golden & Gregory, Atlanta, for appellee.
    Case Number: A00A2436

    Because the plaintiff did not rescind its con to assume a commercial lease, the plaintiff was bound by the terms of the written con

  • Ketchup v. Howard

    Publication Date: 2001-01-19
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    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Linnie L. Darden III Jones, Osteen, Jones & Arnold, Hinesville, for appellant.
    for defendant: David R. Smith Branan, Searcey & Smith, Savannah, for appellee.
    Case Number: A00A0987

    The Court of Appeals adopted the common law doctrine of informed consent providing that physicians and dentists have a duty to inform patients of the known material risks of a proposed treatment or

  • Allen v. State

    Publication Date: 2001-01-12
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Steven H. Sadow, Atlanta, for appellant.
    for defendant: James D. McDade, District Attorney and William H. McClain, Assistant District Attorney, Douglasville, for appellee.
    Case Number: A00A0920

    Defendants must be given the opportunity to impeach the credibility of declarants whose statements are admitted under the medical diagnosis or treatment exception to the hearsay

  • Peake v. State

    Publication Date: 2001-01-12
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: James S. Lewis, Atlanta, for appellant.
    for defendant: Patrick H. Head, District Attorney, Maria B. Golick and Thomas A. Cole, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A00A1199

    The trial court properly recharged the jury on conspiracy without recharging on mere presence and mere associ

  • Manesh v. Baker Equip. Eng'g Co.

    Publication Date: 2001-01-12
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Paul A. Dietrick and William P. Evans Dietrick, Evans, Stolz & Williams, Atlanta, for appellant.
    for defendant: Benjamin D. Ladner, Aaron J. Aberson Goldner, Sommers, Scrudder & Bass LLP, Philippa V. Tibbs Owen, Gleaton, Egan, Jones & Sweeney, Atlanta, and Randy D. Witzke Edmonds, Cole, Hargrave, Givens & Witzke, Oklahoma City, Okla., for appellee.
    Case Number: A00A1662

    The defendant was not entitled to summary judgment under the acceptance doctrine because the plaintiff presented evidence of the inherently dangerous nature of defendant's negligence in repairing a

  • Pena v. State

    Publication Date: 2001-01-12
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Brian Steel The Steel Law Firm PC, Atlanta, and Stephen J. Berk Berk & Moss PC, Decatur, for appellant.
    for defendant: Patrick H. Head, District Attorney, Marsha S. Lake, Assistant Solicitor General, and Maria B. Golick, Assistant District Attorney, Marietta, for appellee.
    Case Number: A00A1725

    The trial court's remark to the jury that it had granted a directed verdict on one count was neither an expression of opinion nor a comment on the evi

  • Weldon v. State

    Publication Date: 2001-01-12
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: William J. Mason, Columbus, for appellant.
    for defendant: John G. Conger, District Attorney, and Eddie B. Bassett, Assistant District Attorney, Columbus, for appellee.
    Case Number: A00A1696

    The trial court abused its discretion in attempting to control defendant's disruptive behavior by gagging defendant in front of the