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  • Peake v. State

    Publication Date: 2001-01-12
    Practice Area:
    Industry:
    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
    Practice Area:
    Industry:
    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
    Practice Area:
    Industry:
    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
    Practice Area:
    Industry:
    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

  • Rogers v. State

    Publication Date: 2001-01-12
    Practice Area:
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    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:
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    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:
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    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:
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    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:
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    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:
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    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