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  • Hunter v. State

    Publication Date: 2003-06-06
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Rex B. Abernathy Cook & Connelly, Summerville, for appellant.
    for defendant: Herbert E. Franklin Jr., District Attorney, and Elizabeth O. Evans, Assistant District Attorney, Lafayette, for appellee.
    Case Number: A03A0005

    A evidence did not support a charge on the lesser offense of robbery since the defendant denied using a knife to rob the victim and the victim's testimony confirmed that defendant did not orally thr

  • Watts v. State

    Publication Date: 2003-05-30
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Eldridge, Frank M.
    Attorneys: For plaintiff: David H. Jones King & King & Jones PC, Atlanta, for appellant.
    for defendant: Peter J. Skandalakis, District Attorney, LaGrange, and Anne C. Allen, Assistant District Attorney, Carrollton, for appellee.
    Case Number: A03A0929

    The invalidity of a search warrant, resulting in the seizure of DNA ce against the defendant, was res judicata because the Georgia Supreme Court previously held that the state did not meet its

  • Woodall v. State

    Publication Date: 2003-05-09
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: J. Melvin England England & England, Roswell, for appellant.
    for defendant: Garry T. Moss, District Attorney, Cecelia Harris and Wallace W. Rogers Jr., Assistant District Attorneys, Canton, for appellee.
    Case Number: A03A0273

    The record did not support defendant's claim that his trial counsel was ineffective for failing to cross-examine the child molestation v

  • English v. State

    Publication Date: 2003-04-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: H. Bradford Morris Jr., Gainesville, for appellant.
    for defendant: Jason J. Deal, District Attorney, and Jennifer C. Bagwell, Assistant District Attorney, Gainesville, for appellee.
    Case Number: A02A1793

    The defendant's statements to the arresting officer were not responses to custodial interrogation within the meaning of Miranda because they were made during administrative processing and the office

  • Johnson v. State

    Publication Date: 2003-04-04
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Jeffrey L. Grube, Warner Robins, for appellant.
    for defendant: Kelly R. Burke, District Attorney, and Katherine K. Lumsden, Assistant District Attorney, Perry, for appellee.
    Case Number: A03A0477

    Defense counsel was not deficient for filing an improper, but meritless, motion to recuse the trial

  • Cline v. Lee

    Publication Date: 2003-03-28
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Vickie L. Ford, Cartersville, and George T. Smith Browning & Tanksley LLP, Marietta, for appellant.
    for defendant: James F. Ledbetter, Calhoun, for appellee.
    Case Number: A02A2181

    Plaintiff's fraud claims against a developer for allegedly breaching his agreement not to become a competing builder in a residential subdivision project failed since the undisputed evidence showed

  • Baker v. State

    Publication Date: 2003-02-21
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Maria Murcier-Ashley, Marietta, for appellant.
    for defendant: J. Tom Morgan III, District Attorney, Robert M. Coker and Andrette Watson, Assistant District Attorneys, Decatur, for appellee.
    Case Number: A03A0091

    The victim unequivocally identified the defendant as the man who attacked him with a large metal

  • Hinson v. Black

    Publication Date: 2002-10-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Ralph F. Simpson Simpson & Cross, and Joseph I. Carter, Tifton, for appellant.
    for defendant: Joseph B. Gray Jr.,Tifton, for appellee. Other party representation: Thomas H. Pittman, Tifton.
    Case Number: A02A1519

    The defendant, who was present when the plaintiff's visibly intoxicated daughter fell off a balcony to her death, was entitled to summary judgment in a negligence action because he assumed no duty

  • Blouin v. State

    Publication Date: 2002-07-12
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Michael A. Zoffman, Atlanta, and Jay L. Palmer, Decatur, for appellant.
    for defendant: Patrick H. Head, District Attorney, Dana J. Norman, Irvan A. Pearlberg and Amelia G. Pray, Assistant District Attorneys, Marietta, for appellee.
    Case Number: A02A0600

    The defendant received ineffective assistance of counsel when his attorney failed to introduce the transcript of his probation revocation hearing at which his co-indictee assumed full responsibility

  • Carter v. State of Georgia

    Publication Date: 2002-03-29
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: James W. Smith, Athens, for appellant.
    for defendant: . Kenneth W. Mauldin, District Attorney, Athens, Anthony C. Lee and Thomas W. Hayes Prosecuting Attorney's Council of Ga., Smyrna, for appellee.
    Case Number: A01A2243

    Defendants' truck was subject to forfeiture under O.C.G.A. § 16-13-49 because it was used to facilitate the possession of marijuana with the intent to distr