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  • In the Interest of J.W.

    Publication Date: 2010-10-22
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    Court: Court of Appeals
    Judge: Barnes, Anne Elizabeth
    Attorneys: For plaintiff: Ashleigh B. Merchant Merchant Law Firm PC, Marietta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, Jill N. Meekins, Assistant District Attorney, and David K. Getachew-Smith District Attorney's Office, Atlanta, for appellee.
    Case Number: A10A1473

    O.C.G.A. § 15-11-63 d requires restrictive custody in any case where a juvenile is found to have committed a designated felony act in which the juvenile inflicted serious physical injury upon anothe

  • Baker v. Lankford

    Publication Date: 2010-10-22
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Bruce F. Morriss and Daniel Shim Morriss & Shim LLC, Atlanta, for appellant.
    for defendant: Denise D. VanLanduyt, Decatur, and Alison K. Arce, Atlanta, for appellee.
    Case Number: A10A1211

    The trial court should have allowed the legal father to intervene in the biological father's legitimation a

  • Major v. State

    Publication Date: 2010-10-22
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    Court: Court of Appeals
    Judge: Adams, A. Harris
    Attorneys: For plaintiff: Benjamin A. Davis Jr. Davis Law Firm PC, Atlanta, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, and Carlton T. Hays, Assistant Solicitor General, Marietta, for appellee.
    Case Number: A10A1515

    A defendant is obligated to request a continuance to cure any possible prejudice from the state's failure to comply with O.C.G.A. § 17-

  • In the Interest of J.N.F.

    Publication Date: 2010-10-22
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    Court: Court of Appeals
    Judge: McMurray, William Leroy
    Attorneys: For plaintiff: Barbara K. Nye, Canton, for appellant.
    for defendant: Other party representation: Posha Vance, Temporary Guardian, Birmingham, Ala.
    Case Number: A10A1320

    The juvenile court did not abuse its discretion in requiring the mother to complete all aspects of her drug rehabilitation program and remaining drug free before it would reconsider the deprivation

  • Prado v. State

    Publication Date: 2010-10-15
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    Court: Court of Appeals
    Judge: Mikell, Charles B.
    Attorneys: For plaintiff: K. Julie Hojnacki, Bruce S. Harvey, Atlanta, and Cathy M. Alterman, Marietta, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Keith R. Miles and Rodney K. Miles, Assistant District Attorneys, Lawrenceville, for appellee.
    Case Number: A10A1335; A10A1368

    Officers had reasonable, articulable suspicion to search vehicles and a residence based on information from multiple sources that the residence was a marijuana grow

  • Autry v. State

    Publication Date: 2010-10-08
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Lawrence J. Zimmerman, Atlanta, and Christopher R. Geel, Marietta, for appellant.
    for defendant: Barry E. Morgan, Solicitor General, Jessica K. Moss, Chief Assistant Solicitor General, and Jaret L. Teague, Assistant Solicitor General, Marietta, for appellee.
    Case Number: A10A0879

    The evidence was insufficient to show the harassing and intimidating element of stalking, since the state did not prove a course of conduct or pattern of beh

  • Davis v. State

    Publication Date: 2010-10-08
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    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Lance D. Dutton Public Defender's Office, Cartersville, for appellant.
    for defendant: Thomas J. Campbell, District Attorney, and Sharon M. Fox, Deputy District Attorney, Cartersville, for appellee.
    Case Number: A10A1302

    The defendant remained on the scene of the traffic stop and engaged in casual conversation with the officer, after he told her that she was free to leave, prior to freely and voluntarily providing h

  • In the Interest of D.B.

    Publication Date: 2010-10-08
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    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Sandra B. Keil, Macon, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Kathryn A. Fox, Assistant Attorney General, Atlanta, and Andrew S. Foster, Macon, for appellees.
    Case Number: A10A1110

    The father's history showed an inability to establish an adequate and safe home for his children, especially in light of the special needs of the two oldest children, and termination of his parental

  • Newton's Crest Homeowners' Ass'n v. Camp

    Publication Date: 2010-10-08
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Russell B. Davis and Joshua S. Ruplin Downey & Cleveland LLP, Marietta, for Newton's Crest Homeowners' Association. Larry E. Stewart, Lawrenceville, Gregg P. Counts, Suwanee, David F. Root, Cheryl H. Shaw Carlock, Copeland Semler & Stair LLP, Katherine V. Hernacki and C. Scott Greene Bryan Cave Powell Goldstein, Atlanta, for Camp. Richard C. Foster and Lisa K. Whitfield Hicks Casey & Foster PC, Marietta, for Kennedy Development Co., Inc. for Camp. Other party representation: Dewayne Newton The Ticor Inc., Buford.
    for defendant:
    Case Number: A10A1573; A10A1867

    The indemnity provision of the agreement between a homeowners' association and a development company was void and unenforceable, since it excused the development company from liability for damages r

  • Baldwin v. Adams

    Publication Date: 2010-10-01
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    Court: Court of Appeals
    Judge: Doyle, John J.
    Attorneys: For plaintiff: Evan R. Mermelstein Cruser & Mitchell LLP, Norcross, for appellant.
    for defendant: Brian K. Panessa Panessa & Assocs. LLC, Atlanta, for appellee.
    Case Number: A10A1147

    The trial court in ruling that the parties did not reach a $17.5K settlement in a negligence action arising from a motor vehicle coll