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  • Jacobs v. State

    Publication Date: 2011-03-18
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: B. Thomas Cook Jr., Atlanta, for appellant.
    for defendant: Jamie K. Inagawa, Solicitor General, and Joseph B. Myers Jr., Assistant Solicitor, Fayetteville, for appellee.
    Case Number: A11A0107

    The fact that the officer who ordered a roadblock also attended it does not mean that the roadblock was not implemented at the programmatic

  • In the Interest of H. A.

    Publication Date: 2011-03-18
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Stephen M. Reba Barton Juvenile Defender Clinic, Emory University School of Law, Atlanta, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Robert H. Wilson, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A2130

    Although the juvenile court harmlessly erred, under the circumstances, in refusing to permit a police officer to refresh his recollection with a recording of the radio traffic in his vehicle of a BO

  • Porter v. State

    Publication Date: 2011-03-18
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Michael B. King, Jonesboro, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, McDonough, for appellee. Other party representation: L. Elizabeth Lane, Macon.
    Case Number: A11A0288

    The victim's testimony regarding the purchase price of an item, standing alone, was not sufficient to establish the item's fair market value in determining whether the defendant committed felony or

  • Reese v. State

    Publication Date: 2011-03-18
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Teresa L. Smith Public Defender's Office, Covington, for appellant.
    for defendant: William K. Wynne Jr. and Layla H. Zon, District Attorneys, Covington, for appellee.
    Case Number: A10A1882

    The victim saw one of two men involved in the burglary come from the direction of his garage with a window screen, the window screens had been stored in the garage, and some of the screens in the me

  • White v. State

    Publication Date: 2011-03-11
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: Chaunda Brock C.F. Brock and Assocs. LLC, Austell, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.
    Case Number: A10A2316

    The trial court did not err in denying the defendant's request to sever his trial from that of his co-defendant because there was no danger of confusion as only two defendants were on trial, no evid

  • Frye v. State

    Publication Date: 2011-03-11
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Wesley M. Woolverton, Assistant Public Defender, and Erin K. Lanning Public Defender's Office, Douglasville, for appellant.
    for defendant: Brian K. Fortner and Matthew C. Krull, Solicitors General, Douglasville, for appellee.
    Case Number: A10A1807

    The trial court did not err in denying the defendant's double jeopardy plea in bar because evidence supported the trial court's finding that the prosecutor's actions were not designed to provoke a m

  • Governors Towne Club Inc. v. J. W. Thomaston Inc.

    Publication Date: 2011-03-11
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    Court: Court of Appeals
    Judge: Doyle, Sara L.
    Attorneys: For plaintiff: Scott M. Stevens Howe & Assocs. PC, Alpharetta, for appellant.
    for defendant: Donald R. Hicks Riley, Rosner & McLendon LLC, Sandy Springs, John A. Williams Dietrick, Evans, Scholz & Williams and Daniel J. Weber, Atlanta, for appellee.
    Case Number: A10A1620

    The trial court erred in awarding judgment for a special lien and for default judgment based upon substituted service because the plaintiff's affidavit, pursuant to O.C.G.A. § 14-11-209 f, was defec

  • Davis v. State

    Publication Date: 2011-03-04
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John G. Edwards, Valdosta, for appellant.
    for defendant: Clifford P. Bowden, District Attorney, and Kevin E. Hutto, Assistant District Attorney, Tifton, for appellee.
    Case Number: A10A2072

    There was no fatal variance between the allegations in the indictment that the defendant burglarized a dwelling place and the evidence at trial indicating that the witness no longer lived

  • Howard v. State

    Publication Date: 2011-03-04
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    Court: Court of Appeals
    Judge: Blackwell, Keith R.
    Attorneys: For plaintiff: James K. Luttrell, Canton, for appellant.
    for defendant: James D. McDade, District Attorney, James A. Dooley, Assistant District Attorney, and Benjamin Von District Attorney's Office, Douglasville, for appellee.
    Case Number: A10A2208

    Under the circumstances, including the complexity of a multi-defendant RICO indictment, 42-month delay did not violate the defendant's constitutional right to a speedy

  • Hines v. State

    Publication Date: 2011-03-04
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Cinque M. Axam Axam Roberts Legal Group, Decatur, for appellant.
    for defendant: Tracy G. Lawson, District Attorney, and Anece B. White, Assistant District Attorney, Jonesboro, for appellee.
    Case Number: A10A2059

    Counsel's failure to object to DNA evidence was presumed strategic because defendant passed up the opportunity to question counsel on this point at the hearing on his motion for a new