• Holsey v. State

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Charles M. Evans, Morrow, for appellant.
    for defendant: Jamie K. Inagawa, Solicitor General, and Joseph B. Myers Jr., Assistant Solicitor General, Fayetteville, for appellee.

    Case Number: A10A1978

    Officer's search of defendant's vehicle was not a proper search incident to an arrest, since defendant was not within reaching distance of the passenger compartment and there was no reasonable beli

  • Pelowski v. State

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Jimmonique R. Rodgers Public Defender Standards Council, Atlanta, for appellant.
    for defendant: William K. Wynne Jr., District Attorney, and Layla H. Zon, Assistant District Attorney, Covington, for appellee.

    Case Number: A10A1708

    The victim's statements regarding the defendant's previous convictions for aggravated assault were not authorized and were inherently prejud

  • Price v. State

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Johnson, Edward H.
    Attorneys: For plaintiff: Daniel K. Milam Public Defender's Office, Warner Robins, for appellant.
    for defendant: Alan R. Tawse Jr., Solicitor General, and Gina M. Stout, Assistant Solicitor General, Warner Robins, for appellee.

    Case Number: A10A1766

    "Law enforcement officers may not conduct a warrantless search of a known crime scene simply because they are lawfully present and a crime recently occurred t

  • Steele v. State

    Publication Date: 2010-10-01
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Philip P. Pilgrim Jr. Law Office of Epps, Pilgrim, Olson & Pruitt, Cumming, for appellant.
    for defendant: Leslie C. Abernathy, Solicitor, Lynne S. Amos, Assistant Solicitor General, and Amy K. Radley Solicitor's Office, Cumming, for appellee.

    Case Number: A10A0955

    Bent of mind and course of conduct are proper purposes for the admission of similar transaction evidence in DUI

  • Jones v. State

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Sharon L. Hopkins, Duluth, for appellant.
    for defendant: Daniel J. Porter, District Attorney, Tracie H. Cason and Rodney K. Miles, Assistant District Attorneys, Lawrenceville, for appellee.

    Case Number: A10A0844

    The testimony of two eyewitnesses, who saw the defendant kicking the victim, corroborated the defendant's confession and the testimony of his accom

  • In the Interest of R.J.D.B., a child

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: Jamie L. Smith, Marietta, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Kathryn A. Fox, Assistant Attorney General, Atlanta, and Betty R. Blass Edwards, Friedwald & Grayson, Marietta, for appellee. Other party representation: David J. Casey, Marietta, and Ernest C. Crosby, Atlanta.

    Case Number: A10A0979

    The mother's history demonstrated an inability to maintain employment or financially provide for the child., sporadic visitation, marijuana use and failure to maintain custody of her four other chi

  • McMichael v. State

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.

    Case Number: A10A2010

    Trial counsel's decision to use only the witness's most recent conviction for impeachment purposes at trial was a matter of trial ta

  • McKinnon v. State

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Miller, M. Yvette
    Attorneys: For plaintiff: Brandi D. Payne Public Defender's Office, Swainsboro, for appellant.
    for defendant: Samuel H. Altman, District Attorney, Swainsboro, and Adriane L. Love, Assistant District Attorney, Lyons, for appellee.

    Case Number: A10A1281

    Trial counsel was not ineffective for failing to file a meritless motion to suppress the evidence found in the defendant's vehicle after the defendant abandon

  • Johnson v. State

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Gerard B. Kleinrock, Decatur, for appellant.
    for defendant: Gwendolyn K. Fleming, District Attorney, and Deborah D. Wellborn, Assistant District Attorney, Decatur, for appellee.

    Case Number: A10A1534

    The defendant did not establish a reasonable likelihood that the outcome of the trial would have been different, if his counsel had renewed his motions for mistrial as the trial court's curative ins

  • Favors v. State

    Publication Date: 2010-09-24
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Pope, Marion T.
    Attorneys: For plaintiff: Peter K. Odom The Odom Law Firm and Samuel F. Little Jr. Little & Crumly LLP, Atlanta, for appellant.
    for defendant: Paul L. Howard Jr., District Attorney, and Peggy A. Katz, Senior Assistant District Attorney, Atlanta, for appellee.

    Case Number: A10A0853

    The defendant waived any error with regard to the denial of his motion for a mistrial, since he failed to renew his objection following the trial court's curative instruction in response to the intr