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  • Smith v. State

    Publication Date: 2000-10-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Augustus T. Curtis, Athens, for appellant.
    for defendant: Harry N. Gordon, District Attorney, and Gerald W. Brown, Assistant District Attorney, Athens, for appellee.
    Case Number: A00A1091

    Defendant was entitled to a new sentencing hearing because he did not have the opportunity to present evidence on the validity of his prior guilty pleas which the state used in aggravation of his sen

  • Powell v. State

    Publication Date: 2000-10-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jon V. Forehand Allen & Forehand, Moultrie, for appellant.
    for defendant: J. David Miller, District Attorney, Valdosta, and Andrew W. Pope, Assistant District Attorney, Moultrie, for appellee.
    Case Number: A00A1754

    The officers' search for safety purposes of the bedroom in which they a d the defendant did not exceed the scope of a search incident to a

  • Solomon v. Norwest Mortgage Corp.

    Publication Date: 2000-09-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A1555

    The mortgage corporation that purchased the defendant's home at a foreclosure sale was entitled to a dispossessory judgment as a matter of law because the defendant was a tenant at suffe

  • Boney v. State

    Publication Date: 2000-09-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff:
    for defendant:
    Case Number: A00A1382

    Defendant who had filed a direct a should have raised his claim for ineffective assistance of appellate counsel in a petition for writ of habeas corpus, instead of an out-of-time a

  • Leftwich v. State

    Publication Date: 2000-09-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Colin A. Fieman University of Georgia Legal Aid Clinic, Athens, for appellant.
    for defendant: Harry N. Gordon, District Attorney, and James D. Love, Assistant District Attorney, Athens, for appellee.
    Case Number: A00A1594

    The reliability of the penile plethysmograph exam which measures a subject's response to visual and aural stimuli has not been scientifically p

  • Brown v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: Lynn M. Friedewald, Public Defender, Decatur, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker, Assistant District Attorney, and Jennifer M. Daniels, Decatur, for appellee.
    Case Number: A00A0306

    An arresting officer was properly allowed to testify regarding a concerned citizen's tip since the tip explained the officer's co

  • Clark v. State

    Publication Date: 2000-09-08
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Thomas J. Gustinella, Savannah, for appellant.
    for defendant: Spencer Lawton Jr., District Attorney, and Ann M. Elmore, Assistant District Attorney, Savannah, for appellee.
    Case Number: A00A0965

    Defendant's conviction for possession of marijuana with intent to distribute reversed as the circumstantial evidence did not exclude his claim that he purchased the quarter bags of marijuana for his

  • Stewart v. Stewart

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Stacie A. Conner Conner & Conner, Atlanta, for appellant.
    for defendant: Deborah A. Stewart, Houston, proceeded pro se.
    Case Number: A00A0265

    The modification of ex-wife's visitation rights requiring ex-husband to purchase son's airfare to see his mother did not amount to an unauthorized change in child su

  • Alta Anesthesia Assocs. of Ga. PC v. Gibbons

    Publication Date: 2000-09-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Roy E. Paul, Walter C. Hartridge Bouhan, Williams & Levy, Savannah, Robert W. Webb Jr., James A. Lamberth and David B. Foshee Troutman & Sanders LLP, Atlanta, for appellant.
    for defendant: Anthony L. Cochran, John K. Larkins Jr. Chilivis, Cochran, Larkins & Bever, Atlanta, and John J. Ossick Jr., Kingsland, for appellee. Other party representation: Wallace E. Harrell Gilbert, Harrell, Gilbert, Sumerford & Martin, Brunswick.
    Case Number: A00A0238

    Trial court's charge on conspiracy was harmless, since defendant did not objection and a finding of a conspiracy was not essential to recovery by Gi

  • Remax N. Atlanta v. Clark

    Publication Date: 2000-08-25
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Michael T. Thornton, Atlanta, for appellant.
    for defendant: . Clifford H. Hardwick, Roswell, for appellee. Other party representation: Seth G. Weissman and Vicki V. Mott Weissman, Nowack, Curry & Wilco, Atlanta.
    Case Number: A00A0624

    Home buyer could not recover damages from sellers' real estate agent for fraud related to concealed defects since agent's verbal statements were general statements of op