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  • Rogers v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Brian Steel and L. Allyn Stockton The Steel Law Firm PC, Atlanta, for Rogers. Kenneth D. Kondritzer, Clarkesville, for Montalvo. Douglas L. Henry, Clarkesville, for Bettencourt. Michael H. Crawford, District Attorney, Clarkesville, Robert D. Cullifer, Assistant District Attorney, Clayton, for the state.
    for defendant:
    Case Number: A00A2230, A00A2231, A00A2232

    There was no evidence that one defendant was guilty of simple robbery because all three defendants took turns holding the gun during the c

  • Hunt v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Steven Hunt, Savannah, proceeded pro se. Spencer Lawton Jr., District Attorney, and Allison E. Bailey, Assistant District Attorney, Savannah, for appellee.
    for defendant:
    Case Number: A00A2054

    The trial court acted within its discretion in denying the defendant's request for the jury to test the Intoxilyzer 5000 ma

  • McNeece v. State

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Dennis T. Blackmon 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: A00A1598

    The officer who was on the lookout for any whit in the area lacked probable cause to stop the defendant just because he was driving a whit

  • Thorne v. State

    Publication Date: 2001-01-05
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: George D. Bush, Augusta, for appellant.
    for defendant: Daniel J. Craig, District Attorney, and Charles R. Sheppard, Assistant District Attorney, Augusta, for appellee.
    Case Number: A00A1252

    Given the overwhelming evidence of defendant's guilt, the trial court's failure to grant a sua sponte mistrial after the state's breach of the defendant's attorney-client privilege was not reversibl

  • Young v. State

    Publication Date: 2000-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Randolph G. Rich Rich & Smith, Lawrenceville, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and James M. Miskell, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A00A1442

    The trial court was not required to have the defendant's statement reread to the jury in response to the jury's question during delibera

  • Wilkins v. State

    Publication Date: 2000-12-22
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Sean A. Black, Toccoa, for appellant.
    for defendant: Michael H. Crawford, District Attorney, Clarkesville, and William C. Akins, Assistant District Attorney, Toccoa, for appellee.
    Case Number: A00A1634

    The prosecutor did not improperly comment on the defendant's right to remain silent by referring to defendant's refusal to give a blood sample when he was arr

  • Hines v. State

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Stephen T. Maples and Bernard Knight, Decatur, for appellant.
    for defendant: Daniel J. Porter, District Attorney, and Donald P. Geary, Assistant District Attorney, Lawrenceville, for appellee.
    Case Number: A00A1713

    The prosecutor did not make an improper "Golden Rule" argument in asking the jury not to re-victimize the victim since the prosecutor was appealing to the jury's desire to create a safe community, r

  • In the Interest of C. C. E.

    Publication Date: 2000-12-15
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: James E. Wilbanks, Dalton, for appellant.
    for defendant: Robert D. Jenkins, Dalton, for appellee.
    Case Number: A00A1668

    Father who was incarcerated in another state could not complain about his absence at the hearing on the termination of his parental rights since he had notice and was represented by co

  • Dews v. Ratterree

    Publication Date: 2000-12-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Julius A. Powell Jr. Mullis, Marshall, Lindley & Powell, Macon, for appellant.
    for defendant: Arthur L. Phillips Phillips & Phillips, Macon, for appellees.
    Case Number: A00A2092

    The defendant's affidavit in support of summary judgment was inadmissible to the extent it contained conclusions that he never commingled corporate

  • Upson County Hosp. Inc. v. Head

    Publication Date: 2000-11-17
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Edward L. Long Jr. Willis, McKenzie & Long, LaGrange, for appellant.
    for defendant: Charles W. Stephens, Stephens & Shuler, Gainesville, and W. Ashley Hawkins, Forsyth, for appellee. Other party representation: Paul E. Weathington Allen, Weathington & Reeves, Atlanta.
    Case Number: A00A1601

    P ff's professional malpractice claims in her amended comp were barred by her failure to file an expert affidavit with her original comp