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  • In the Interest of M. O.

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Ernest D. Napier III, Douglasville, for appellant.
    for defendant: Thurbert E. Baker, Attorney General, Shalen S. Nelson, Senior Assistant Attorney General, Elizabeth M. Williamson, Assistant Attorney General, Atlanta, and Joseph T. Justice, Dallas, for appellee. Other party representation: Joiya L. Efemini, Mableton, and Melodie Smith CASA, Dallas.
    Case Number: A09A2100

    The mother of fraternal twins' was deceased, their father was unknown and their aunt and uncle had lost both physical and legal custody of

  • Lewis v. State

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Andrews, Gary Blaylock
    Attorneys: For plaintiff: Carlton K. Nelson III and Leonard M. Geldon, Assistant Public Defenders, Dublin, for appellant.
    for defendant: Louie C. Fraser, District Attorney, and LaShonda C. Harris, Assistant District Attorney, Dublin, for appellee.
    Case Number: A09A2297

    The defendant retained possession of a pair of scissors, which were issued to him for the sole purpose of cutting his hair, and hid them in his cell in violation of jail p

  • Stetz v. State

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Smith, George T.
    Attorneys: For plaintiff: Jerry L. Webb Jr., Atlanta, for appellant.
    for defendant: Robert D. James Jr., Solicitor General, and Che'ferre L. Young Solicitor's Office, Decatur, for appellee.
    Case Number: A09A1474

    The only discoverable information from an intoxilyzer test under O.C.G.A. § 40-6-392 a 4 is the computer printout of the test r

  • Radha Krishna Inc. v. Desai

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: Vincent J. Arpey, Atlanta, for appellant.
    for defendant: Shawn F. Bratton and J. Michael McGarity The McGarity Group LLC, Buford, for appellees.
    Case Number: A09A2324

    A tenant at will by virtue of holding over at the expiration of the term of his lease holds the premises subject to the general terms and conditions specified in the lease, except as modified by mut

  • Cates v. Jamison

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Verne J. Edwards, Atlanta, for appellant.
    for defendant: John S. Husser, Rome for appellee.
    Case Number: A09A1938

    O.C.G.A. § 19-7-3 c requires a determination of whether visitation with grandparents is in the child's best int

  • Henry v. State

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Ronald R. Parker, Assistant Public Defender, Bainbridge, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and William J. Hunter, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A09A2150

    The state proved that the defendant sold cocaine within 1K feet of a public housing pr

  • Haywood v. State

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: Ronald R. Parker, Bainbridge, for appellant.
    for defendant: Joseph K. Mulholland, District Attorney, and Charles E. Rooks, Assistant District Attorney, Bainbridge, for appellee.
    Case Number: A09A1989

    The arresting officer seized 15.59 grams of marijuana and 17.82 grams of cocaine from the defendant'

  • Baxter v. Bayview Loan Servicing LLC

    Publication Date: 2009-12-31
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Blackburn, G. Alan
    Attorneys: For plaintiff: John W. Gibson Gibson, Deal & Fletcher, Norcross, for appellant.
    for defendant: Stefanie H. Jackman and J. Allen Maines Paul Hastings, Janofsky & Walker LLP, Atlanta, for appellees.
    Case Number: A09A1751

    All that is necessary is that a mortgage document ' "clearly indicate the creation of a lien and . . . specify the debt for which it is given and the property upon which it is to take effe

  • Vaughhn v. State

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Bernes, Debra
    Attorneys: For plaintiff: J. Scott Key, McDonough, for appellant.
    for defendant: Tommy K. Floyd, District Attorney, and Alicia C. Gant, Assistant District Attorney, McDonough, for appellee.
    Case Number: A09A1830

    The defendant came into the 12-year-old victim's bedroom while she was sleeping and digitally penetrated her genital area on several occa

  • Morgan v. Propst

    Publication Date: 2009-12-18
    Practice Area:
    Industry:
    Court: Court of Appeals
    Judge: Phipps, Herbert E.
    Attorneys: For plaintiff: John T. Morgan III, Decatur, Louis Levenson and Dylan Littlejohn Levenson & Associates, Atlanta, for appellant.
    for defendant: . Bobby Lee Cook, Summerville, Preyesh K. Maniklal Maniklal & Dennis LLP, Duluth, and Terry D. Jackson, Atlanta, for appellees.
    Case Number: A09A1340

    Since renewal actions are de novo, a previous denial of a recusal motion in the original action was irrel